iraqx2

I can understand your point, but as I am reading the wording of the regulation, it states " regular " aid and attendance, which would be defined in 3352 part A. If the regulation of the T was created to for TBI vets and would save the government money if the vet would be hospitalized, then why would the VA pay for a specialist to take care of the vet at home? I hope someone can chime in. Thank you Mr. Cue

Hello everyone. Can someone kindly please help me read and understand the regulations regarding entitlement for SMC T? In particular, the Aid and Attendance part. I keep reading and researching CFR 3350 for the criteria for SMC T and CFR 3352 for AA requirements. From what I have heard before, SMC T only required " Regular " Aid and Attendance as stated under 3352 (a), and a " Higher " level of AA is a separate requirement ( yes, SMC T also has more requirements ). I have contacted my VSO but they are not familiar with it. This is so confusing. VA made a decision on my claim and denied SMC T because I would need a " Higher " aid attendance. But what i am seeing under the regulations in CFR 3350, the word " regular " aid and attendance is written. Out of so many years dealing with the VA, this last decision letter was the weirdest and strangest. I think the rater may have error in applying the criteria for " Higher " AA for my SMC T claim ( Higher AA requires that the caregiver be licensed ). Thoughts? Thank you.

I am happy your parents got dependency. I live with my parents and had recently filed for them as dependents but was denied. Va stated that the $1900 a month combine that they make is way too much. I don't have a problem with that. However, the problem is that VA stated that it was over the $660 threshold. What the heck? That low? Who gets social security and does not get over $660 combine. So this so mute to me. To be able to qualify, parents must absolutely collect no income what so ever it seems like.

This very interesting. I was given a rating effective date of 2009 but it was from an explosion that was documented to have happened in 2003. I am 100% for TBI. Its a nasty sickness and no true cure for it. I wish VA would change the rating scheme. The injury took place when the incident happened, only worsen through time.

You get one amount from SMC-S. Not in addition.

Hi Broncos. It's me! Sorry for the confusion but this will be an increase in a current SMC rating. Regards

Hello folks. I believe in the old days you can call the VA or write them a letter to request an increase to an existing rating. So now we must use form 21-526EZ? Is that correct? Sounds overkill to use this form. Thank you all.

Hello and good news everyone! My longest wait for an appeal ( waited close to 6 years ) was finally approved. Had to contact my senator's office because of the long wait ( but I am not sure that helped sped things up ). I appealed an 5 year reexamination in 2014 requesting a higher SMC rating for my TBI and P&T status. Got P&T granted last year and now finally was approved earlier this month for a higher SMC rating, based on the information in VA.gov and calling the VA. However, I did not receive the decision letter as of yet nor have been paid. Supposedly the letter was just created and in the process of being mailed. I am on pins and needles. This is so excruciating and at times painful of a wait. My biggest fear is that they will mess up on the retro and I might not receive a penny, which would be crazy. In hindsight, I also wonder what if I never specifically requested a rating of L on my Notice of Disagreement? They may have decided on another SMC higher rating ( because one step up from S is actually L anyways ). So stressed but relieved to perhaps closed out this wait. Have a good day everyone.

Hello. This past April marked my 10 year anniversary as " Permanent and Total " Disability with the VA ( 100% SMC S ). I know this is a very important milestone. Currently I am single. My question...., if I would someday start a family and get married, and god forbid I get hit by a bus or past by any cause, my wife would receive D.I.C. My passing can be for any reason and D.I.C payments will last forever if my wife does not remarried?? Is that true?

Hello Folks, My kids were recently and finally awarded Chapter 35 for last semester. The VA finally sent their payments. As expected, they sent a letter to me wanted a response back within 60 days ( or an appeal ) in regards to an " over payment ". Obviously I have to repay the kids' as a school age dependent after the age of 18 to the difference to what they were paid for Chapter 35. This is obviously a huge amount. I am wondering if I can ask them for a payment program or appeal it......, but on what grounds? Anyone successful had their over payment forgiven by the VA? Thanks

Hello Folks. My kids are still awaiting for their 1st Chapter 35 payments to be processed. Because the new law drops the months of edibility from 48 to 36 months, how does the VA usually calculate the dates within a non full month the kids are in school? For example, the attendance for son submitted by the school was between August 29th to December 19th. Will he just be paid for 2 days in August AND that would count against him as an entire month? Thanks,

Hi Bronco, How is the annual COLA calculation coincide with the law ( HR4958 ) the President signed this past week? In addition would be a miracle. Sounds like it gave the VA Secretary authority alone to bump up the disability rates.

Hello there. Can not find it anywhere in the regs but heard it from a few sites. Is it true that now I am a P&T 100% status, I am now covered in case of emergencies? For example, I fall outside my driveway and break my leg, an ambulance picks me up to the nearest NON-VA hospital. VA will cover? As of now, my only source of medical needs is solely from the VA.

Hello Folks! Hope everyone on board is doing well. I have been at 100% for TBI since 2009 plus other ratings. At the 2014 reevaluation, the decision was to keep it static at 100% for TBI. I felt that was not right because I was getting worse, so I filed an NOD for a P&T status and also on the same NOD, appealed for a higher SMC based on A&A. IT WAS SUCH A LONG WAIT!!! THIS IS 2018!!! I suspected progress when they finally sent me to be reexamined again this past spring. I finally got the letter last week, P&T awarded, effective date 2014. I needed that so bad. My son already started college two years ago and my daughter is starting this year, they officially had no educational benefits. Chapter 35 will help big time! Its a great win after a hard fought battle. However, no decision was made on a higher SMC. The appeal is still showing " open ". I just hope that by them deciding on one issue of a NOD, they forgot about the other. Awarding P&T is on the same line as the other issue. I feel so relieved. Thank you all.

I am not going to hop out of this que and join ramp. We all know how the VA works. No, my GI Bill has long expired. And yes, I am certain that I am not P&T. Those guys are jerks for sending the pamphlets anyways. Thank you everyone

Hello folks. It has been awhile and I hope everyone is doing well. Here is my current situation. I am already 100% SMC for TBI since 2009. During the last reexamination in 2014, the decision was to keep my rating the same, no changes. So I filed an NOD stating that it should be P&T and also at a higher SMC based on A&A. This is awful folks..... THE APPEAL IS STILL PENDING!!! I have never waited this long from the VA before. Its going on the 5th year. They finally got to my packet this past March by sending me to a C&P based off that NOD. Meanwhile, my son is on his 2nd year of college and my daughter will start this fall. As of now, I don't qualify for any Chapter 35 benefits. This is not fare, my child has to get a loan. I really don't even know why they keep sending me the Education Pamphlets either. My question is, is there any other educational benefit by the VA for my children that I might have overlooked? At least the generosity of others do offer scholarships. Thanks

Once you admit that you are a disabled veteran to the questionnaire ( TBI, in my case ), the insurance company won't give you a traditional policy and will be denied. I am young and can't buy any life insurance because of my disabilities. This is messed up. I was denied twice by two separate companies.

I am just 100% scheduler, so my kids don't qualify for Chapter 35. But for strange reason, they keep sending the pamphlet about chapter 35 all time. This is the mother of all benefits I am trying to get for my teenagers!

In the recent rating, VA stated that my other two ratings equals 60%, I thought it was 80%, which could have effected my entire situation. 70% for PTSD and 20% for back totals 80%. Correct?

To clarify, 100% does not qualify your child for Chapter 35 benefits, 100% P&T Does qualify your child for Chapter 35 benefits. Is that correct?

Hi Bertha. Thank you for responding. I hope you did indeed understand my confusion. It seems like I may qualify because these things are already what I am dealing with. My first question is what do they mean when they say " Aid and Attendance" ? Is it a generic term? Is the official "Aid and Attendance" benefits only for vets on VA pension? How about for vets Disability Compensation? I am still confused.

Hello! It has been awhile since I've been on the site. Hope everyone is doing well. I will write up a separate topic in regards with my problems with P&T and writing up an NOD. For this topic, I need help understanding the new SMC T criteria. Today was the first day I have heard about this SMC T that pays at the R.2 rate. I read the memo (FL 11-35 Special Monthly Compensation (SMC) at the New (T) Rate for Residuals of Traumatic Brain Injury (TBI) (December 5, 2011) that was found on our thread at: I do not understand the memo and the languages, etc. It is very confusing. Here is my situation. Currently, I am rated 100% for TBI sustained from Iraq since originally awarded back in 2010. From that rating, I was also granted SMC " S " because I was housebound. I live with my mom and she provides all my neccessities. I am not on A&A and currently not even P&T. Afterwards, we were qualified for the VA's Caregiver program and has been enrolled in it ever since. Along with 100 % TBI, I am 70% for PTSD and 20% for a service connected back injury. This past August, I had a C&P reevaluation on the TBI, decision came back last month CONTINUEING 100% rating and housebound SMC "S". So am I missing out on something here? Do I qualify and actually should have been awarded this SMC T, paid at R.2 rate? Has this old memo PLA been converted to a regulation yet? Please Please chime in if you can. God bless and have a wonderful holiday!

There is legitimate concern over this particular deposit. This effects me too. Paydays on Monday are ALWAYS available by late Friday night. Been that way for the past 8 years for me. So it's legit. As of Saturday night, mine is still not in. Never happened before.

This is strange indeed. Perhaps what happened was you were indeed reduced but at the same time, some other rating went up. If that is true regardless, pay attention to your " backpay " and effective dates. Double check their math.

@ BroncoVet, yes I will but have not seen their evelope yet. I would be incline to assume its the same copy and paste standard VA jargon. Bottom line was that they had the dates wrong and I outline on my appeal in detail what they are. Though I don't like my VSO and do everythiing myself, they did represent me in DC, so I assume that contributed to their decision also. I must have mailed them the same old stuff several times in the span of 4 years.