[Smc (T) For Tbi]

On 12/19/2022 at 12:32 PM, El Train said:

Good chance they won't be replying if they are.  Maybe someone knows someone with it.  It's not an easy claim to be granted.  And those with it, would gladly give it up to lead a somewhat normal life.

Amen to that. So true. I'm not SMC T but I'd give it up in a heartbeat. If there were a cure tomorrow for sure I would. I just found out my wife keeps pad with a list of actions and personality and problems  and im embarassed now and I see why she's always scared or sad for me. Now there is more guilt. 

[...Consider the need for SMC and A&A]

1 hour ago, Lemuel said:

You are in the same place I am except my wife died before her SMC was approved.  CCK is handling mine now.  Look for the U Tube, Haskell V McDonough hearing.  Sound like that may be where you are. 

Is your wife a nurse?  Do you have epilepsy with your TBI.  Do you have space outs?  How much of your PTSD reactions are actually "complex partial seizures".  Look these things up with your wife.  She has observed you and will know.  Because of the anosognosia that goes with epilepsy, you will not be fully aware of having epilepsy unless you have a major seizure.

Because of my epilepsy medication I have the nurse control my medication.  Once a week, she fills up a dispenser.

SMC appears to be started, or at least has to have the input of your P C.  There is a form you fill out and process through benefits.  It goes to your P C for evaluation.  Or at least that was what happened in my case when I was advised to put in for SMC.  You can get SMC for your wife also.  

I have two claims at the BVA now with CCK as my attorney.  One SMC for me and one SMC for my deceased wife while she was alive.  Both for TBI and both will probably be delayed until the Haskel v McDonough (Now Laska v McDonough with his wife substituting).  I just checked.  The decision is not in yet.  Probably being delayed because the 3 Judge panel has their clerks working overtime to make sure they are not overturned in which ever way they go.  The case will undoubtedly go to the CAFC, the second highest court in the land on appeal by either side that does not win in the CAVC decision.

I think I am going to ask CCK to get an interim order from the CAVC to grant the SMC level the Secretary is willing to grant pending the outcome of Laska v McDonough no. 22-1018.  I will have to sell my home and move into a nursing home very soon if I do not get the extra money to pay the extra help I am having to hire.  

The thing is you have to sell or sign it over to a nursing home to get in for when your bank account runs dry from paying more than $10,000 per month when you are only getting 5,000 per month.

I would download the VA Form 21-2680 and fill it out and submit it if I were you.  One original to benefits and a second original to your P C team.

Bing Videos link to the Haskel v McDonough hearing on U Tube video.  The last 10 minutes are the most important.

 

First off, I'm so sorry to hear about your wife. My heart goes out to you and your family.

My wife is a former Medical Assistant at Kaiser and my caregiver with the VA Caregiver Program.

I don't have space-outs but I do have episodes where I don't realize where I am or remember how I got there. But I do snap out of it and say, "Nooooow I remember!". Then I continue my day.

My wife does my meds from ordering and administering, as well as food prep. I burned my parent's kitchen. lol. Pretty much keeps me out of danger.

I do not have representation yet. Depending on some outcomes, it may be beneficial.

I'm wondering if I should regret simply applying for an increase. Now that they mention SMC and A&A as a possible result.

 

[...Consider the need for SMC and A&A]

10 hours ago, Rattler said:

How about you take a sharpie and block out your indemnifiable information such as your name address and social security no etc. and post it hear so all of us can look at it. Or you can send it to me in a private message and I will do it for you and post it.

To send a PM click on my name or broncovet's and click on private message. I will send you one now to reply to.

I'll make some copies and block out my info, then will scan. It'll take a bit because its 15 pages.

[...Consider the need for SMC and A&A]

On 3/17/2024 at 1:56 PM, broncovet said:

The VA has a duty to maximize your benefits.  Further, the maximum "is not" 100 percent, contrary to a popular myth.  100 percent is about 3737 per month, while SMC R2 is over $10,000 per month.  Therefore, 100 percent "is not" the max benefit.  

"Within reach" for you is "at least" SMC S.  SMC S, (statuatory) whenever the Veteran has a single 100 percent (tdiu counts) plus additional disabilities that combine to 60 percent seperate and distinct.  You may even already be there.  I have not reviewed your file, nor your disabilities so IDK, but the Board has.  Thus, at a minimum, the BVA wants the VARO to "adjuticate" SMC S, that is, to consider you for it.  (Its about another 450 or so per month).  

A service connection for OSA would almost certainly put you at SMC S, if the other rating(s) did not.  Remember, they have to be "seperate and distinct", and I dont know about that.  

Service connection for SMC is inferred.  That means the VA is supposed to award it, whenver you meet the criteria, that is, you do not have to apply for it.  Its presumed you want it once you reach 100 percent.  This said, if SMC has not been awarded, you can still apply.  It wont be the first time VA failed to adjuticate or award SMC, even tho they are supposed to.  This is regulation, and the Board insists the VARO follow regulation and adjuticate SMC.  Generally, when ever you are awarded a single 100 percent, the VARO should adjuticate SMC S.  Thus, the Board remanded the claim to do that.  

You can read the decision, it should specify the reasons for remand, but, for sure that is one, based on your post.  In short, its good news, you could/should be getting additional compensation and/or retro.  

Now, if you have "loss of use" of hand, foot, reproductive organ, eyes, ears, etc. OR if you need help of others for ADL (daily living activities like bathing eating, dressing, etc, then you could should be eligible for aid and attendance.  You should apply for any of these if you need A and A, have loss of use due to Service connected injuries.  

Hi Broncovet. Is there a way I can send you thru private message, some paperwork from the VBA?, so you can have a better idea of my situation.

[...Consider the need for SMC and A&A]

2 hours ago, broncovet said:

The VA has a duty to maximize your benefits.  Further, the maximum "is not" 100 percent, contrary to a popular myth.  100 percent is about 3737 per month, while SMC R2 is over $10,000 per month.  Therefore, 100 percent "is not" the max benefit.  

"Within reach" for you is "at least" SMC S.  SMC S, (statuatory) whenever the Veteran has a single 100 percent (tdiu counts) plus additional disabilities that combine to 60 percent seperate and distinct.  You may even already be there.  I have not reviewed your file, nor your disabilities so IDK, but the Board has.  Thus, at a minimum, the BVA wants the VARO to "adjuticate" SMC S, that is, to consider you for it.  (Its about another 450 or so per month).  

A service connection for OSA would almost certainly put you at SMC S, if the other rating(s) did not.  Remember, they have to be "seperate and distinct", and I dont know about that.  

Service connection for SMC is inferred.  That means the VA is supposed to award it, whenver you meet the criteria, that is, you do not have to apply for it.  Its presumed you want it once you reach 100 percent.  This said, if SMC has not been awarded, you can still apply.  It wont be the first time VA failed to adjuticate or award SMC, even tho they are supposed to.  This is regulation, and the Board insists the VARO follow regulation and adjuticate SMC.  Generally, when ever you are awarded a single 100 percent, the VARO should adjuticate SMC S.  Thus, the Board remanded the claim to do that.  

You can read the decision, it should specify the reasons for remand, but, for sure that is one, based on your post.  In short, its good news, you could/should be getting additional compensation and/or retro.  

Now, if you have "loss of use" of hand, foot, reproductive organ, eyes, ears, etc. OR if you need help of others for ADL (daily living activities like bathing eating, dressing, etc, then you could should be eligible for aid and attendance.  You should apply for any of these if you need A and A, have loss of use due to Service connected injuries.  

Thanks for the enlightenment. So does this mean I get SMC in addition to my current VA Compensation? or does it switch over? I do have a caregiver, my wife, to assist with ADL as well. She had to quit her job for me. I'm wondering if she loses the Caregiver status and stipend if I get switched to SMC. I'm unsure why they may adjudicate me at SMC S since im not house bounded.  I'm still confused for why they granted 100% rating for PTSD with TBI residuals rather than 2 individual ratings. Please forgive my multiple questions for I am still uncertain with the what-if scenarios. Simply worried.

[...Consider the need for SMC and A&A]

Hello everyone. First post here. Hope all is well.

Currently 70% PTSD with TBI and on IU since 2010. I also have 40% total of other ailments (back, neck, knees). My wife is my official VA caregiver and on the Post 9-11 Cargiver program.

In 2018, I made attempts to get a higher rating but was denied not long after the OTC appointments. I then submitted an appeal to the BVA.

In Feb of 2024, I received a letter from the VBA that a 100% rating for PTSD with TBI residuals was granted. A few more pages in the letter regarding Diagnostic Code 8045. It is written that the 'VA should consider the need for Special Monthly Compensation for such problems....."

It also states a remand for sleep apnea.

I have searched the internet about this topic but still don't understand. I did not apply for SMC at all. Does this mean they are going to switch me? What do they mean about remand?

Please chime in if you have any insight. I would love to hear from you. Thank you in advance.