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Terri

Seaman
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Posts posted by Terri

  1. I must say, I would have had trouble getting the VA to approve my DIC claim, if I had not been able to convince the emergency room doctor to list a service connected condition as "contributory". I think I could have linked his "cardiorespiratory arrest" to his service connected Wilson's Disease, but it would have taken a lot of work. And he was only rated 70% at the time, the 100% plus SMC (l, l, s) was just decided last month (he died in January). And the hospital wouldn't agree to an autopsy, and the organ bank wasn't interested in his organs, due to his illness.

    My husband would have been ecstatic at the final decision, if only he'd been able to hold on a few more months.

    It's terrible, isn't it? On top of all the emotional distress, we have to suffer financially, too. I don't know about everyone else, but I couldn't work full time, or even regular hours, as he required a great deal of care, and on call assistance, not to mention all the medical appointments.

    Good luck to all,

    Terri

    (sobbing again)

  2. I have a question on SMC s awards. My husband will be receiving SMC, with 2 l and an s. I have not received the award letter yet, which will, I'm sure answer my question, but , in the mean time:

    At least one of the L awards is based on aid and attendance for tremors in both upper extremities.

    But, that s award: It doesn't get applied as a step function, since it doesn't fall below an o. Does it get eclipsed by the L, since it is a higher monetary payment than the S, or does it get added in, some way?

    Thanks,

    Terri

    He's been rated 100% for cognitive disorder, 50% for right upper extremity tremor and peripheral neuropathy, 40% for left upper extremity tremor and peripheral neuropathy, 50% for sleep apnea, 20% for chronic liver disease, 20% for epilepsy, 10% for right plantar fascitis, 10% for left plantar fascitis, 10% for residuals of right knee ligament repair with arthralgia, 10% for right lower extremity peripheral neuropathy, 10% for left lower extremity peripheral neuropathy, and SMC for aid and attendance criteria being met. This is from the rating decision.

  3. Leroy,

    You've probably already heard from the VA by now, but, A&A is covered by your SMC award. If you have 2 separate conditions that require aid and attendance, and they are not related to each other, you will probably get 2 L awards. By regulation, L + L = O, the highest statutory rate. Since you have separate conditions totaling at least 60%, over and above your 100%, you will probably also be awarded an S.

    Now, since my official award letter has not arrived yet, I don't know if that S will get you any extra money. It might, after all, subsection S is not covered by a statutory limit restricting it to the maximum O award.

    There's a good chance that the O award will be adjusted upward, depending on your A&A needs, to the R1 level. The R2 level requires that your care need be such as to require assistance by a licensed care provider, or under the direction of a licensed care provider.

    Congratulations on getting your award! My DH would have been ecstatic on receiving his, had he lived. He missed it by less than 6 months.

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