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Lonniebrinson
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Everything posted by Lonniebrinson
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My current rating is SMC-P2 = smc-m, (LOU both feet and 100% bowel incontinence) My bowel incontinence is separate and distinct from my LOU both feet. Can I filed for A&A on my other disabilities. 1. 100% Bowel incontinence 2. 30% Pelvis 3. 10% L/R residual wrists 4. 50% PTSD Note: I also have 60% IVDS and 60% bladder incontinence but I believe those 2 disability are not distinct from my LOU of both feet.
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SMC for additional rating. Can both 38 cfr 3.50(f)(3) and 38 cfr 3.50(f)(4) be applied if I have two different rating. Example : I was granted SMC-P1 which equal to SMC-L 1/2 on 04/16/2020. On 11/27/2020 I was granted SMC-P2 which equal to SMC-M. My question should I be SMC-P2 which should equal to SMC-M 1/2 ?
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I believe I'm underrated I was rated SMC-L 1/2 ( smc-p1 ). Months later I was granted a separate single 100% which move me up to SMC-P2 which is equal to SMC-M.... Should I be rated SMC-P3 which is equal to SMC-M 1/2 ?
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I was rated SMC-P1 ( smc-l 1/2 ). Months later I was granted Separate single 100%. Should the rating go up a whole step to SMC-P3 (smc-m 1/2) according to 3.350(f)(4) ?
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So can a veteran receive more than one aid and attendance? I understand the conditions must be for a different part if the body.
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Under 38 U.S.C 1114 (L) 38 CFR.3.350(b) loss of use of both feet. On my decision letter the va consider that I'm service connected for aid and attendance. I through 38 U.S.C 1114(L) 38 CFR 3.352( a) is the correct regulations for aid and attendance. Which is correct the va or me ?
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I recently file for basic regular aid and attendance 3.352(a) but was denied for a higher level of aid and attendance under 3.352(b). I do meet the criteria for aid and attendance under 3.352(a). The decision letter stated I don't meet the criteria for higher level of aid and attendance. Do any one have any idea why the va did not rate me under 3.352(a) . Here my disabilities Smc-L loss of use of both feet 100% Bowel incontinence 60% urine incontinence 60% IVDS 50% PTSD 30% painful scars
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Wow thanks for the ammo I will do exactly that. I can't believe the va rater overlooked my 100% Bowel incontinence. The M21-1 states a single 100% disability should be considered an Inferred claim and consider it for smc- L aid and attendance.. Thank you so much
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Lol you're right again... Your opinion how should I appeal this matter supplemental explaining it on a 4138, HLR with a phone call or take it to BVA
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Thanks for responding. You're right they don't like awarding higher levels of SMC. I use a Condon catheter maybe it confused the rater they I need a license medical personnel to insert it. Thank you
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I recently filed for aid and attendance. I was denied because the va said I do not meet the criteria for higher level of aid and attendance which will be (SMC-R2). Here's the problem I filed for basic aid and attendance under 38 cfr 3.352(a) ( SMC-L). Do anyone have any idea why the va overlooked the basic level of aid and attendance ? My current rating is SMC-P2. SMC-L loss of use of both feet 100% bowel incontinence 60% urine incontinence 60% IVDS 50% PTSD
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Follow up with my aid and attendance claim. I was denied because the va said I do not qualify for a higher level of aid and attendance. I applied for basic level of aid and attendance( SMC-L) not the higher of aid and attendance(SMC-R2). I don't know how the va drop the ball on this one. Maybe because I use a Condon catheter. I would understand if I used a dwell catheter
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Thank you for taking your time answering my questions on this matter and putting in the hard work of making higher levels of SMC easier to understand. I will definitely let you know the out come. GOD bless you
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Thank you for making this easier to understand the SMC world. I have one more question about aid and attendance effective date. If I'm awarded A&A (SMC-L) for my 100% bowel incontinence. Will the effective date be when the va received the 21-2680 form or when I was awarded Bowel incontinence (11/27/2020) Again thank you for your precious time.
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Thanks for responding, I learned more for you than my own research on SMC. Corrections I'm rated at SMC-P2 and my 100% Bowel incontinence has nothing to do with Loss of use of both feet ( SMC-L ). I appreciate you. Thanks again
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Thanks for responding and your expertise
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My current rating is SMC-M ( loss of use of both feet and 100% bowel incontinence ). Since I have one SMC-L for loss of use of both feet. My question can I use the 100% bowel incontinence to apply for aid and attendance or that would be considered pyramiding because I need two separate smc L-N with one being A&A to equal SMC-R1 ? I do have other disabilities IVDS 60%, urine incontinence 60%, PTSD 50%, painful scars 30%