2 100% Ratings

[rapsellsr]

Ok, here is the deal. I started VA in 20, got 20% in 07, 100% in 08. Under Nehmer, we were just told that he is 30% from March 07, 60% from March 2010, now another 100% plus qualifies for SMC A & A (not sure if this is right). Can anyone tell me, do we get retro money or not. I am soooooo confused!!

[jachay]

Chronic congestive heart failure will get you 100%. Acute CHF gets you 60%, I believe, but I've known anyone that had CHF called "acute". You either have it or you don't.

Good luck!

Thank you so much for taking so much time on me. I will lead you to where we are not. In 06 I suffered CHF. Went to VA in Sept. 06. In 07, I received 20% for DM11. i went downhill quickly and at the end of 08, i was increased to 100% P&T (but nothing to do with the Nehmer claim. So in March, 2010, we filed for IHD under the new presumptive rules. We just found out they gave me 30% from 07; 70% from march 2010. smc from march 2010 and A&A from march 2010. So I am thoroughly confused, have no clue what to even think about what I may receive. I have not been able to work for a year and a half, so I would be so grateful for help. But I must say, the VA has always been wonderful to me. Thanks for any help

[jachay]

Sorry, I've NEVER known anyone who had acute CHF.....

Chronic congestive heart failure will get you 100%. Acute CHF gets you 60%, I believe, but I've known anyone that had CHF called "acute". You either have it or you don't.

Good luck!

[Capt.]

Hello Rap,

I am not positive but I believe that you cannot claim both IHD and the CHF at the same time. If you have your Myocardial Infarction percentages listed then the VA awards according to the percentage. I am still not sure what your percentages are for as they are not posted next to the condition with the percentage, however I can just about guarantee you that they did not give you the correct percentage and as almost always they lowball the rating. If you did file for appeal on the ratings then that would keep your claims and the early effective dates alive for any retro and a chance to get a higher rating.

I know one thing , I want to go to your VARO as they seem to at least be favorable to the Veteran there. You are very fortunate to have had either a good VSO or someone rating your claims that is proveteran or a combination of both. At any event list what you have on condtions and ratings and try for that retro back to your EED. Thanks again for your service and remember NEVER GIVE UP. God Bless, C.C>

[Capt.]

Hello Rap, Your SMC , Special Monthly Compensation is described in the VA regulations and the A and A award is aid and attendance . I hope this link works. NEVER GIVE UP > God Bless, C.C.

Aid & Attendance Allowance

An additional benefit paid to veterans, their spouses, surviving spouses and parents. This allowance is paid in all Compensation, Dependency and Indemnity Compensation (DIC) and Pension Programs. It is paid based on the need of aid and attendance by another person or by specific disability. Special Monthly Compensation (L) can at times be designated an aid & attendance benefit.

Eligibility criteria, see 38 CFR §§3.350 (Special Monthly Compensation), 3.351 (Special monthly Dependency and Indemnity Compensation (DIC), death compensation, pension and spouse's compensation ratings), 3.552 (Determining need for aid & attendance, housebound).

See also Special Monthly Compensation (SMC) below.

Rates, see Special Monthly Compensation (SMC), Dependency and Indemnity Compensation (DIC) - Surviving Spouse or Parents, Improved Pension - Disability or Death.

http://www.benefits.va.gov/WARMS/docs/regs/38CFR/BOOKB/PART3/S3_350.DOC

please look at this link

You can research some of this on Hadit and remember that it is already posted here if you go back to forums tab and then scroll down to SMC Special Monthly Compensation topic listed for you to study.

NEVER GIVE UP . God Bless, C.C.

Edited April 19, 2011 by Capt.Contaminate

[hawkfire27]

SMC is special monthly compensation. A&A (Aid and attendance) is a form of SMC.

A&A is SMC.

There are several levels to SMC, the most common one is the 100% +60% SMC which is SMC "S". This is currently around $320 above the 100% payment per month.

You can recieve A&A at the SMC "s" level.

You can recieve A&A at any SMC level. The level (amount $) is determined by the need. FOr example, if you are a double amputee you get a much higher level of A&A (SMC) than someone who is a housebound agoraphobic.

You will need to wait until the VA advises you what level A&A you have qualified for, before you will know what your retro is going to be.

You will definitely get retro, from the A&A (SMC). You should also get a staged retro payment for your new 100% rating. Which if you were orginally 20% when the new claim started, you will have retro of the 80% payment from the Effective date of the award.

Hope that made it a little clearer than mud! :-)

Edited April 19, 2011 by hawkfire27

[deltaj]

I recommend that you also read Title 38 USC 1114 since the bottom of that law concerns additional ratings when a veteran has an underlying 100% award.