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Holy Cow ! Should I Have Been On The Smc " T " ?!

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iraqx2

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iraqx2 Rising Star

iraqx2

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Hello! It has been awhile since I've been on the site. Hope everyone is doing well.

I will write up a separate topic in regards with my problems with P&T and writing up an NOD.

For this topic, I need help understanding the new SMC T criteria. Today was the first day I have heard about this SMC T that pays at the R.2 rate.

I read the memo (FL 11-35 Special Monthly Compensation (SMC) at the New (T) Rate for Residuals of Traumatic Brain Injury (TBI) (December 5, 2011) that was found on our thread at:

I do not understand the memo and the languages, etc. It is very confusing.

Here is my situation. Currently, I am rated 100% for TBI sustained from Iraq since originally awarded back in 2010. From that rating, I was also granted SMC " S " because I was housebound. I live with my mom and she provides all my neccessities. I am not on A&A and currently not even P&T. Afterwards, we were qualified for the VA's Caregiver program and has been enrolled in it ever since. Along with 100 % TBI, I am 70% for PTSD and 20% for a service connected back injury.

This past August, I had a C&P reevaluation on the TBI, decision came back last month CONTINUEING 100% rating and housebound SMC "S".

So am I missing out on something here? Do I qualify and actually should have been awarded this SMC T, paid at R.2 rate?

Has this old memo PLA been converted to a regulation yet?

Please Please chime in if you can.

God bless and have a wonderful holiday!

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Berta

Berta

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It is very confusung but this is the best explanation I could find:

http://www.purpleheart.org/ServiceProgram/Training2012/10-M-%20SMC%20final.pdf

The SMC T stuff is beginning around page 38.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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iraqx2 Rising Star

iraqx2

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Hi Bertha. Thank you for responding. I hope you did indeed understand my confusion. It seems like I may qualify because these things are already what I am dealing with. My first question is what do they mean when they say " Aid and Attendance" ? Is it a generic term? Is the official "Aid and Attendance" benefits only for vets on VA pension? How about for vets Disability Compensation? I am still confused.

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Berta

Berta

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There has been more explainations here from AskNod:

"If you read that FAST letter, you see one flaw that may queer the deal. It says you must qualify for SMC "L" to be eligible for SMC "T" which is basically R2 with a new name. You list your disabilities but fail to mention loss of or loss of use of an extremity.

General rating and development rules apply to claims for SMC (T). In addition, before considering entitlement to SMC at the (T) rate, Rating Veterans Service Representatives(RVSRs) and Decision Review Officers (DROs) must establish entitlement to A&A benefits at the (L) rate. Procedures governing award of SMC (L) for A&A are outlined in the Adjudication Procedures Manual M21-1MR Part IV, Subpart ii, Chapter 2, Topic H, Block 44."

Aid and Attendance has 3 levels covered in the pdf.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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