Should I Be At Smc L 1/2?

[ollie100]

• .Benefits Special Monthly Compensation Benefits

You are receiving the following compensations


SMC (L-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 12/06/2011.Rating Date : 01/26/2013

SMC (P-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. .



..My wife was looking thru ebenefits and noticed this feature.. .Should I be getting paid at SMC L or L 1/2. .....Im confused....Im getting paid at the SMC L level......Im rated at 100% P&T and the A&A is probably for all of my disabilities.....Thank you for your responses and your service!!!!!

[Buck52]

I was thinking that if you would be entitled...you should not need to apply for it for SMC P-1 (L1/2)  and have total disability rating

Like asknod mention MOST of them VSO would not be aware of this  and who ever is handling your claim must not be aware either.

quote the CFR's 3.350 b3 and 3.352 3a 4

also quote the 3.350 f 4

 

Buck

[Buck52]

ollie100

if you have'nt already ?  go read asknod Blog about the SMC's and Mr Potato Head

He explains the SMC's Very  well.

.............Buck

[ollie100]

Thanks for your response Buck,  I generally don't complain about the VA and am grateful for what I have...but this has been a frustrating experience.  this should be a no-brainer,  e-Bennies clearly states that I'm entitled to SMC P-1...I called the 800 number...they were clueless on smc and suggested IRIS so the issue could be researched, I sent all my info thru IRIS....I went to the county VSO who admitted he knew very little about SMC and suggested I file a claim, which I did...been sitting there "under review",  could be another 6 months to a year.

but the real slap in the face was the IRIS response, which took almost 3 months,  telling me that I need to apply for an entitlement that I'm qualified for...shouldn't that be inferred....arggg..end of rant.

thank you all for this site, it has been the only place for competent information, makes me wonder how many Vets are out there that are being short changed due to the tangled web the VBA is.

[Chuck75]

The VA has been sticking it's collective head in the sand concerning SMC in general for a very long time. They were/are? ignoring a clause that says consideration is automatic under certain circumstances. Deliberate intent or lack of training?  When I emailed the chief mucky muck with the needed information, it did not take very long to be awarded with retro.

Seems the average RO has a short attention span that prevents them from reading the regs with lots of details, unless those details can be used to deny, and quoted.

Edited October 2, 2015 by Chuck75

[ollie100]

hello all..have an update, received the claim decision. 

 

The level of SMC is confirmed and continued. Your compensation payment will continue unchanged.

The current level of entitlement to smc is confirmed and continued based on the evidence reviewed.

Pleas note the following determination was noted on your rating decision dated January 26, 2013.  P1 is considered a higher level of SMC aid and attendance. (That's not true..the only thing the award letter mentioned was entitlement to aid and attendance)

SMC (P-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. .
 

Ok...so there we have it...I have official confirmation that Im entitled to SMC p-1 (L 1/2)

With Children, SMC-L through SMC-N

Dependent Status	L	L 1/2	M
Veteran with Spouse and One Child	$3,897.79	$4,084.77	$4,272.51		However, Im still being paid at the L rate, I was hoping this claim would fix that but my payment will continue unchanged.  So far Ive trying using IRIS, va 800 line and a VSO to resolve this.  Could anyone suggest what to do next....thanks all!!

[FormerMember]

Give them a chance to input it into the system. Better yet, check payments on eBennies and see if it hasn't already been deposited. It will also show up in the category  listing your disabilities as being paid at the L 1/2 rate.