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Am I Entitled To Smc R2

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Boracay

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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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"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."

No one can jump from one intermediate level of SMC to a much higher level.

Based on your entire medical evidence the VA can award the higher levels in steps.

The VA could make a progressive rating in one rating decision.

Personal Example :

My husband was 30 % at his death but I pursued his claims.

VA awarded 100% for PTSD posthumuously.

With the new IHD regs and another claim I have pending -they will have to award 100% SC for a CAD and 100% CVA due to AO.

If VA considers posthumous accrued SMC even at the S level ,they also must factor in his other SC disabilities and possibly award at the "M" level in the same decision.

All of this depends on medical evidence.

There are many ways that VA awards higher levels of SMC.Loss of use of is considered the same as loss of regarding extremities.

If you search some recent BVA decisions for SMC high levels at the BVA web site you will see what the VA is seeking.

You should try to have a Vet rep assess the highest award you are eligible for.

You mentioned a mental disability but there would have to be other disabilities that are service connected in order to award a higher level of SMC than "S" for Housebound.

I" am many other disabilities that require shots including hormonal replacement and a army of medications."

These would have to be found as service connected in order to support a claim for higher SMC rating.

If you have had them SCed already (which I assumed when I read your first post)the VA for some reason denied SMC when they awarded the 100%.

That decision holds information you need to overcome with medical evidence.

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