>For member jfrei (SMC-t)

[Buck52]

jfrei

Just wanted to let you know

If you have not done so  check out the SMC-t Criteria for your TBI w/ residuals

As I under stand  if you been S.C for TBI & have  the Residuals you may qualify for the SMC-t  ?  and if you do .....>you may want to request it  or file a claim for it, I'm not sure how  so you may want to check with your VSO.

The SMC t is fairly new, but I was searching some of the SMC S to see if veterans qualify's for it when Awarded TDIU  w/ P&T AND Their disability is not expected to improve over there life time  and  they can't leave home for work   so in essences  this makes him/her Home Bound by reason of there S.C. Disability./ infact house bound

When a Veteran meets the Criteria for SMC or other special circumstances  the VA don't Always infer this to him/her. We veterans has to  put a bug in their ear so-to-speak & wake them up from their dream world or what ever type world they live in. and apply the CFR's and Dr's opinions medical reports to our s.c. disability's  ect,,,ect,, as this is what they want.

[Navy04]

Thanks Buck,

Over the last 5 years so much thru the VA, both Good and Bad, has changed. It is so hard to keep up with the processes. I am going to complete my current FDC for my back increase, and then submit for SMC S and T. Really appreciate your hard work and what you do on this site. Hope you have a good weekend.

[armorer]

On 10/7/2017 at 11:23 AM, Navy04 said:

Thanks Buck,

Over the last 5 years so much thru the VA, both Good and Bad, has changed. It is so hard to keep up with the processes. I am going to complete my current FDC for my back increase, and then submit for SMC S and T. Really appreciate your hard work and what you do on this site. Hope you have a good weekend.

Go Get'em Navy04! The only thing I see on your record is you are not over 60% on TBI, which may not make a difference: PTSD and TBI could be interchangeable imho. The hurdles of incompetence has washed me aside recently. I just want to get away from all the VA early-release felon-snitches, which is easier said than done. Good luck!

[Navy04]

Thanks, my TBI can easily get an increase, due to my recent brain scan. I have had so much going on the last 2 years, that I have not even submitted an FDC for that. I currently have the back claim in, then my PTSD increase claim next, then my TBI. I am Permanent, and with so much going on, just try to slow down and take it one day at a time. Hope you guys have a good weekend. Take care my friends.

[jfrei]

So my rating at 100% for my TBI p and T with SMC S could qualify for SMC T? Sorry Buck I just saw this, my new meds are killing my thought processes definitely not as bad as Topamax but another failed drug for the VA guinea pig or to high of a dose. I really need to get to talking to a VSO.

[SupermanCannedy]

Hi All, 

I am the caregiver for my USMC vet, Superman Cannedy. His TBIs have caused degeneration to the point where he can no longer navigate the internet, so I do it for him.  The best way to describe his current condition is that he is in Stage 6 of 7 on the Alzheimer's scale. Our VSO pointed us to SMC t to increase his A&A rate because he needs to hire more help in order to stay at home. But, the VSO didn't know much more than the basics, so I had to do the research myself before submitting the claim. Here is the simplified version of criteria needed to meet eligibility for T: 

1. SC at 100% for TBI

2. Already have or qualify for SMC L (the housebound A&A rate, which requires 60% of another rating, in addition to the 100%)

3. Medical proof that the vet is so helpless that without regular in home aid and attendance, they would need to be placed in a nursing home or other care facility. This is done by a specialist (NOT the primary care physician) with exam form VA 21-2680. 

This SMC was created for vets with chronic and severe cases of TBI who are at risk of being placed in a facility. It affords them the opportunity to hire in home caregivers instead. Chances are, if you can use internet and navigate through sites like this, you don't qualify for T.  However,  you may be a ghost writer for the vet (like me),  representing them  and advocating for them.  If you do believe you qualify, then you'll need to have your neurologist  or other specialist fill out form 21-2680. Make sure they state that "without regular in home care, the vet would need to be placed in a care facility" because the DO wants to see those magic words.  That's what this SMC is all about. Have them back up their reasoning (cognitive, memory and behavioral conditions) in a separate letter because they need to back up the reasoning behind their opinion. 

If you don't think you qualify for T, then try for L. Same form & same back up/support letter by the same specialist...just a lighter diagnosis  (your housebound, but don't yet qualify for placement in a care facility). 

The T is nearly impossible to get. Since the fast letter went out in 2011 only 125 vets have received it (according to the last stats I saw Dec 2016). I have yet to come across anyone, even in the vet and caregiver groups I am in, who has received the T or knows of anyone else who has.  I will keep checking. Happy researching and the best of luck to you!!  

**If you would like to dig into it deeper,  I am attaching a copy of "the Entitlement to SMC Under 38 U.S.C. 1114(t) Based on the Need for A&A for Residuals of TBI" Scroll down to subject 11 for details on the T rating. 

Entitlement to SMC Under 38 U.S.C. 1114(t) .docx

Edited October 24, 2017 by SupermanCannedy
Added Attachment

[Buck52]

In 2008, the VA did an overhaul of the rating system for TBI, and added a new section to the VA regulations – 38 C.F.R § 3.310. Under the new rating schedule, veterans can be compensated for TBI in the following categories:

Emotional/Behavioral residuals

Physical (neurological) dysfunction

Subjective symptoms

Cognitive impairment residuals

Under this recent over haul of the rating system for TBI, the VA also recognized that the costs associated with TBI-related care can be astronomical. The VA established a Special Monthly Compensation benefit specifically for TBI cases (SMC t), under 38 U.S.C.S. § 1114 (t). This benefit pays at the highest possible level of Special Monthly Compensation (SMC R-2), but without stringent requirements of the SMC R-2 benefit.

In order to be eligible for this type of special monthly compensation, the veteran must be able to prove that, due to TBI residuals:

The veteran is in need of aid and attendance

The veteran would require hospitalization, nursing home care, or other residential institutional care in the absence of regular in-home aid and attendance.

The veteran does not otherwise qualify for a higher level of Aid & Attendance under 38 U.S.C.S. § 1114 (R-2).

In order to be considered in need of Aid & Attendance, the veteran must demonstrate:

Inability to dress/undress without assistance

Inability to keep clean and presentable without assistance

Inability to feed oneself without assistance

Inability to attend to the wants of nature

Exposure to hazards/dangers incident to daily environment

This special monthly compensation benefit pays at the same rate as SMC (R-2).

Source: Hil & Ponton Disability Attorney's