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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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Boracay

Am I Entitled To Smc R2

Question

Hello Everyone,

I am Diagnosed with 100% PTSD and Skitzo Effective disorder. I am many other disabilities that require shots including hormonal replacement and a army of medications.

I have a full time caregiver and it is documented that she bathes me, I cannot cook my own food, I need help feeding my self, shaving brushing teeth. Also she administers hormone shots to me and gives me many medications every day. She also talks to 2 of my doctors at least once a month over the phone on how to take for me and following there prescribed regimens. On the VA Form 21-2680. My VA Doctor checked that I require Nursing Home Care but prefer to stay at home and have a full time caregiver. I have documentation of enougher va doctor recommending me to be in a mental hospital and wanted to have someone call me once a week and I refused but its documented.. I follow all the requirements for smc R2 except

(i) The veteran is entitled to the compensation authorized under 38 U.S.C. 1114(o), or the maximum rate of compensation authorized under 38 U.S.C. 1114(p).

Its expensive paying for a full time caregiver and its bringing me into debt. I have use of arms and legs and I am not blind... So does this automatically cut me off from R2? Its labeled that I need a higher level of care.

Would I rate smc r2.

Thank you

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On ‎9‎/‎25‎/‎2010 at 9:35 AM, Berta said:

If I were you I would certainly file a claim for R-2 rating if you are at the R-1 level now.

 

These are step awards so a vet with R rating presently has surely already been determined that they reach the "o" and "p" levels already.

 

This recent BVA case is on remand for SMR R-2 level and shows how they evaluate the evidence.

 

http://www4.va.gov/vetapp10/files1/1009880.txt:

 

 

 

 

"Relevant statutory authority provides that if any veteran is

in need of regular aid and attendance for a service connected

disability, then, in addition to other possible SMC, the

veteran shall be paid a monthly aid and attendance allowance.

38 U.S.C.A. § 1114®(1) (West 2002). (This rate of aid and

attendance is R-1). In the alternative, a higher rate of aid

and attendance benefits is awarded if the veteran, in

addition to such need for regular aid and attendance, is in

need of a higher level of care. The higher rate is warranted

if the veteran, in the absence of the provision of such care,

would require hospitalization, nursing home care, or other

residential institutional care. A higher level of care shall

be considered to be needed for personal health-care services

provided on a daily basis in the veteran's home by a person

who is licensed to provide such services or who provides such

services under the regular supervision of a licensed health-

care professional. (This rate of aid and attendance is R-2).

38 U.S.C.A. § 1114®(2) (West 2002); 38 C.F.R. § 3.352(b)

(2009). Ultimately, the R-2 rate provides for more

compensation for aid and attendance than the R-1 rate.

 

The higher level of aid and attendance allowance is to be

granted only when the Veteran's need is clearly established

and the amount of services required by the Veteran on a daily

basis is substantial. 38 C.F.R. § 3.352(b)(5).

After examining the Veteran and reviewing

the claims folder, the examiner should

opine as to whether the Veteran needs a

level of care that, if not present, would

require hospitalization, nursing home

care, or other residential institution

care. The examiner should also determine

whether the Veteran requires personal

health-care services on a daily basis."

 

What is your SMC rating now?

My primary VA doctor has written a letter into the VA hospital requesting that I can go to an outsourced TBI team at the university of Pitt. I live in Delaware and where it would be nice 100% will not cut affording this trip along with taking care of my pregnant wife and daughter. I am SMS-S right now not to sure I am being treated at the VA in Wilmington recently for an issue of me having seizures 2 times a year since 2009 and now they are actually taking care of me when the military didn't when I blacked out the first time overseas. I come back fairly quickly and just shrug it off but he thinks it could be something like a mini stroke. I'm kind of freaked out  when he said that I have taking care of my health fairly well and am in good shape he said it might be something with my TBI and when my EKG was reviewed he said it looks like I showed signs of being in a coma for a month still. Is this a request in writing my attorney has told me no more stuff until your appeal is done its just been certified?

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I don't know about the R2 rating but sounds like you meet criteria for a higher rating but have you talked to Social Worker at VA to see if they will pay for it.

The VA pays for an Aide and a nurse to visit me and I got it when my Doctor ordered it.

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I don't know about the R2 rating but sounds like you meet criteria for a higher rating but have you talked to Social Worker at VA to see if they will pay for it.

The VA pays for an Aide and a nurse to visit me and I got it when my Doctor ordered it.

Do I have to be deaf or blind and have no ability to use arms or legs or something to get SMC R2? Veterans with mental problems aren't open to the upper SMC levels?

So I am open to a higher rating than SMC L? What type of ratings could I rate.. I don't think the social workers where I at are very informed about those things since I live overseas.

Sorry for all the questions

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If I were you I would certainly file a claim for R-2 rating if you are at the R-1 level now.

These are step awards so a vet with R rating presently has surely already been determined that they reach the "o" and "p" levels already.

This recent BVA case is on remand for SMR R-2 level and shows how they evaluate the evidence.

http://www4.va.gov/vetapp10/files1/1009880.txt:

"Relevant statutory authority provides that if any veteran is

in need of regular aid and attendance for a service connected

disability, then, in addition to other possible SMC, the

veteran shall be paid a monthly aid and attendance allowance.

38 U.S.C.A. § 1114®(1) (West 2002). (This rate of aid and

attendance is R-1). In the alternative, a higher rate of aid

and attendance benefits is awarded if the veteran, in

addition to such need for regular aid and attendance, is in

need of a higher level of care. The higher rate is warranted

if the veteran, in the absence of the provision of such care,

would require hospitalization, nursing home care, or other

residential institutional care. A higher level of care shall

be considered to be needed for personal health-care services

provided on a daily basis in the veteran's home by a person

who is licensed to provide such services or who provides such

services under the regular supervision of a licensed health-

care professional. (This rate of aid and attendance is R-2).

38 U.S.C.A. § 1114®(2) (West 2002); 38 C.F.R. § 3.352(b)

(2009). Ultimately, the R-2 rate provides for more

compensation for aid and attendance than the R-1 rate.

The higher level of aid and attendance allowance is to be

granted only when the Veteran's need is clearly established

and the amount of services required by the Veteran on a daily

basis is substantial. 38 C.F.R. § 3.352(b)(5).

After examining the Veteran and reviewing

the claims folder, the examiner should

opine as to whether the Veteran needs a

level of care that, if not present, would

require hospitalization, nursing home

care, or other residential institution

care. The examiner should also determine

whether the Veteran requires personal

health-care services on a daily basis."

What is your SMC rating now?

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If I were you I would certainly file a claim for R-2 rating if you are at the R-1 level now.

These are step awards so a vet with R rating presently has surely already been determined that they reach the "o" and "p" levels already.

This recent BVA case is on remand for SMR R-2 level and shows how they evaluate the evidence.

http://www4.va.gov/v...s1/1009880.txt:

"Relevant statutory authority provides that if any veteran is

in need of regular aid and attendance for a service connected

disability, then, in addition to other possible SMC, the

veteran shall be paid a monthly aid and attendance allowance.

38 U.S.C.A. § 1114®(1) (West 2002). (This rate of aid and

attendance is R-1). In the alternative, a higher rate of aid

and attendance benefits is awarded if the veteran, in

addition to such need for regular aid and attendance, is in

need of a higher level of care. The higher rate is warranted

if the veteran, in the absence of the provision of such care,

would require hospitalization, nursing home care, or other

residential institutional care. A higher level of care shall

be considered to be needed for personal health-care services

provided on a daily basis in the veteran's home by a person

who is licensed to provide such services or who provides such

services under the regular supervision of a licensed health-

care professional. (This rate of aid and attendance is R-2).

38 U.S.C.A. § 1114®(2) (West 2002); 38 C.F.R. § 3.352(b)

(2009). Ultimately, the R-2 rate provides for more

compensation for aid and attendance than the R-1 rate.

The higher level of aid and attendance allowance is to be

granted only when the Veteran's need is clearly established

and the amount of services required by the Veteran on a daily

basis is substantial. 38 C.F.R. § 3.352(b)(5).

After examining the Veteran and reviewing

the claims folder, the examiner should

opine as to whether the Veteran needs a

level of care that, if not present, would

require hospitalization, nursing home

care, or other residential institution

care. The examiner should also determine

whether the Veteran requires personal

health-care services on a daily basis."

What is your SMC rating now?

I am at 100%. I don't have aid and attendence yet.. I know it will be a cake walk to get it because I meet all the requirements for smc L. The problem is it doesn't cover the cost of the 25 thousand a year I am paying for my full time caregiver that is staying in my guest bedroom.... I know I won't get R1 because I am not missing limbs,blind or deaf...

Do I need SMC O to get R2 or can I jump from SMC-L to SMC-R2 since I require a higher level or care..

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