Increase in SMC

[babyray]

4 hours ago, asknod said:

If you currently receive (with a spouse) $3,415 or so a month from VA (SMC (s)), there is no more available to you via that path until you experience loss of use of both lower extremities. This would give you Aid and Attendance at the SMC (l) rate. You could be entitled to other Special Monthly Compensation (k) at $103.25 each right now though. There are 8 SMC (k)s you can attain. Loss of or loss of use of a creative organ (both male and female [breast(s)+uterus]), loss of or loss of use of an extremity such as a deformed/amputated foot or hand at the first juncture (i.e. ankle/wrist) loss of or loss of use of  both buttocks, loss of or loss of use of one eye, loss of use of one hand and one foot, totally deaf or totally dumb.  You can have all of these- even gynocomastia (males) and conceivable get 7 Special (k)s. As long as the $ amount doesn't go over SMC (l)= $3,617. 05 / month, you're good to go. If you're only rated for 50%, you could get all the Special (k)s you were entitled to. If you're already on SMC (s) =$3,253.00/month, you can legally have the (s) at $3253.00 plus 3 (k)s= $309.75)= $3563.00 and still not exceed SMC(l).  Spousal/dependent amounts are always in addition to the base rate and not used for ceilings on amounts when calculating SMC (l) or (o). 

After you attain SMC (l), you have have as many SMC (k)s as you want again unless or until you exceed what could be paid at SMC (o). 

Yr right, with spouse I am at $3,415.74. Again I am asking, am I wasting my time by trying to get an increase? BTW, what is loss of or loss of use of both buttocks, what do that mean?

[FormerMember]

It's the Forest Gump award. Did you get shot or receive a SFW that traversed the gluteus maximus (maximae) and caused muscle loss to the buttocks? It frequently makes it difficult to impossible to rise to a standing position from a sitting one. 

If you are at SMC (s) and have no DM2, then the loss of use of a creative organ may be unattainable. You do not mention if you were boots on the ground in RVN or granted presumptives from AO. I'm shooting holes in the dark here. Unless you have a qualifier listed in 38 CFR  §3.350 (a) , you're wasting your time.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).

That's all she wrote.

[babyray]

On ‎1‎/‎29‎/‎2016 at 10:08 PM, asknod said:

It's the Forest Gump award. Did you get shot or receive a SFW that traversed the gluteus maximus (maximae) and caused muscle loss to the buttocks? It frequently makes it difficult to impossible to rise to a standing position from a sitting one. 

If you are at SMC (s) and have no DM2, then the loss of use of a creative organ may be unattainable. You do not mention if you were boots on the ground in RVN or granted presumptives from AO. I'm shooting holes in the dark here. Unless you have a qualifier listed in 38 CFR  §3.350 (a) , you're wasting your time.

(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).

That's all she wrote.

Yessir, that is what I wanted to hear. I don't have DM2 so what will they do since I put in for a increase for DDD of the lumber spine and sleep apnea, secondary to MDD. I guest I will stop wasting my time and everyone whose processes my claim. Thank you very much.

[FormerMember]

On the contrary, sir. You would want to get the lumbar spine service connected on the chance future radiculopathy into either leg caused loss of use of your lower extremities. Far too many of us are excluded from Aid and Attendance because our injuries that might qualify us for SMC L are not service connected. This is far more critical when you reach the higher grades of Special monthly compensation such as R1 or R2. You can never be too rich, too thin or have enough ratings in my book. 

[babyray]

On ‎1‎/‎30‎/‎2016 at 10:51 AM, asknod said:

On the contrary, sir. You would want to get the lumbar spine service connected on the chance future radiculopathy into either leg caused loss of use of your lower extremities. Far too many of us are excluded from Aid and Attendance because our injuries that might qualify us for SMC L are not service connected. This is far more critical when you reach the higher grades of Special monthly compensation such as R1 or R2. You can never be too rich, too thin or have enough ratings in my book. 

 

u are right because I am rated at 20% service connection for left L5-S1 Radiculopathy has been established as related to the service-connected disability of degenerative disc disease and  spondlioiisthesis, iumbar spine. I will push on for the increase. I understand what u r saying.  What y r saying is that u can't have too much rating, it best to be over rated than to be under rated, Right,? Thx a lot for y r wisdom and knowledge.  

[FormerMember]

Think about this. VA fought me for 21 years to keep me fenced out on Hep c and AO. After 13 years,  I finally won in 2008. Then  they kept me out of SMC S  for another  seven and are still fighting over the effective date of my last 100% rating. This is stupid.  When you get to 100%, it is not over. The higher the aggregate values accrue, the higher your rating when you cross into the higher SMC awards. I eventually had two different paths to SMC S in the oven at the same time. The Extraordinary Writ forced their hand sooner was all. Then the next 130% hit. a month later. VA can always try to reduce you, too. If you have too much baggage, they don't mess with you.

Edited February 1, 2016 by asknod