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  • 5 months later...

NOD's going to have to chime in on the Aid & Attendance SMC requirement. My recent research and reading some of NOD's posts as well as the regulations indicate you have to have 1 SC condition rated at 100% or IU and then another separate SC condition rated at 60% or higher. You indicated your on a NOD for A & A, what did the VA give as the original reason for your recent Denial?

Semper Fi

Gastone

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Boy howdy. Everyone would like to have A&A. For the record, that's SMC- L. Look it up and see what the requirements are http://www.ecfr.gov/cgi-bin/text-idx?SID=9e099e4472d6f44d3abb69c6ea72af84&mc=true&node=se38.1.3_1350&rgn=div8

If you're rated 70% as your rating shows on the screen to the left with your info, then you have some work ahead of you.

(b) Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.

(1) Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable.

(2) Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 (§4.83 of this chapter), does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity.

(3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a).

(4) Permanently bedridden. The criteria for rating are contained in §3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114® is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind.

I hope you have a representative to cover your six who even understands this concept. I had a VA rater in 2008 convince me to pull two claims because "there simply is nothing after 100%, dude." If you're doing this yourself, you may want to buy some taller boots before you step in it.

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