ptsd Smc (T) For Tbi

[Berta]

Here is the actual SMC T regulation, as it amended the past 1114 criteria:

"(t) Subject to section 5503 © of this title, if any veteran, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under subsection ®(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care, the veteran shall be paid, in addition to any other compensation under this section, a monthly aid and attendance allowance equal to the rate described in subsection ®(2), which for purposes of section 1134 of this title shall be considered as additional compensation payable for disability. An allowance authorized under this subsection shall be paid in lieu of any allowance authorized by subsection ®(1). "

http://www.law.cornell.edu/uscode/text/38/1114

In the 2014 edition of the VBM by NVLSP, the lawyers make this point:

It would help them to obtain an IMO that states, "on addition to Aid and Attemndance the veteran would require institutional care ,without special assistance."

Page 390, Chap 5.6.2.15, VBM 2014.

The IMO doc would have to have your med recs and add a full medical rationale as to the specific way you fit into that criteria.

[crazyhorse3022]

Thx berta

[FormerMember]

Keep your eyes peeled at the CAVC. These IED adjudications get batted back and forth on remands because they have other, secondaries that now have to be considered under Moody.I think that slows them down to about a decade from RO to CAVC but eventually one is going to hit a jackass DRO who doesn't understand what it feels like to have an IED go off under under or near you. I personally can't imagine but it's bound to put a dent in you and chip some paint off. A Mk 82 500lber will part your hair smartly and slow a jeep down 4 mph even a 1/4 mile away. These guys deserve to get a pass on the check ride. Hopefully, they will go to panel rather than SJM and we'll all benefit from it.

And if y'all are in town Jan. 2, come on down to Indiana Ave. and say hi. I'll be there filing the Writ from hell.

[john999]

I am housebound and get "S" , but I did not read the fine print when I asked for SHA because even though my gait is unsteady and I have slipped and fallen I have all my arms and legs and not blind. I can't walk two blocks without pain in my feet for days, but I have only partial loss of use in all four limbs. When you think about it you really have to be *&^%^& up to even get "S". which is total plus another 60%. How **&&^$$#@ up do you have to be for the VA to provide real help. Who wants to lose both legs to collect from the VA? This is why Wounded Warriors gets to cry on public's shoulders and justify begging on our behalf while they get fat on charity money that should go to us via Uncle Sam, and not some slimy charity that keeps 50% of the money they collect. My father-in-law had severe TBI from WWII. He got nothing except bad conduct discharge from Marines for going insane and hitting an officer and gentleman. He was out of his mind for 50 years, dangerous and in need of the greatest help. He was too far gone to know it. To enlist in war time is obvious proof of some kind of insanity, or too many Hemingway books. In American Civil War many young men went to war to "See the Elephant". They did not know the Elephant was going to step on them.

John

John

[crazyhorse3022]

Hey john. U hit it on the head about your father in law. It's amazing the va creates a new rule on tbi and smc t rating yet they deny so many. F****** insane. I got shot in my ribs and melon n I have to beg. My flak vest saved me. The other was God. It was an ak-47 from about 7 feet in a bunker. My injuries are no less.

[FormerMember]

Them 7.62s sure do smart don't they, 3022? I flew right into one.