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jfrei

SMC T refresher

Question

Not to be grateful for what I am receiving I just don’t want to miss out or cause any delays if I’m entitled for another compensation. This is a little talked about SMC T and I’ve brought it up before.  But I am receiving SMC S on top of my Permanent and Total service connected TBI residuals rating which is 100% scheduler. Why is it that SMC T wasn’t already reviewed when they made my residuals P and T this year? Not to mention I’m leaving for inpatient rehab next year after February.. I guess the first thing would to be getting a vso rep...the woman on the phone was like just fill out this 21-2680 turn it in to your regional office, I live down the street from the RO helps out with getting stuff done quicker...

Edited by jfrei

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From Hill and Ponton's Mary Klements, Claims Advocate

 

At Hill & Ponton, we see many Traumatic Brain Injury (TBI) cases. TBI is a condition that is prevalent among Afghanistan and Iraq veterans, who were often exposed to roadside bombs (IEDs), fire bombs, and other explosives. Some residuals of traumatic brain injury are apparent right away; others take longer to manifest.

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:

  1. Emotional/Behavioral residuals
  2. Physical (neurological) dysfunction
  3. Subjective symptoms
  4. 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:

  1. The veteran is in need of aid and attendance
  2. The veteran would require hospitalization, nursing home care, or other residential institutional care in the absence of regular in-home aid and attendance.
  3. 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).

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jfrei SMC T isn't like the other smc's.  I'll post some info re it.  Some of this info is from links Alex and I think Berta provided.

https://asknod.org/2016/02/05/va-smc-t-youve-lost-that-giving-feeling/

http://www.thenewstribune.com/news/local/military/article56571708.html

https://www.federalregister.gov/documents/2015/01/09/2015-00071/caregivers-program

http://onlinedigeditions.com/publication/?i=103446&article_id=997778&view=articleBrowser&ver=html5#{"issue_id":103446,"view":"articleBrowser","article_id":"997778"}

 

http://www.gao.gov/assets/670/665928.pdf

https://www.caregiver.va.gov/

http://familyofavet.com/va_caregiver_program.html

http://armyreservistwife.blogspot.com/2011/10/va-caregiver-program.html

https://www.military.com/benefits/veterans-health-care/new-va-family-caregiver-program.html

https://militaryadvantage.military.com/2014/09/hobbled-va-caregiver-program-dims-chance-of-expansion/

 

Since I've read about the program, I was familiar with the terminology so doing a "VA TBI caregiver program" search online pulls up some of this info.   I am Gulf War so it doesn't affect me, so these links are just links I found.  Point being I am not recommending or advocating, just providing links.

I'll provide more links if, as I find them.

Edited by eli
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SMC-t

the veteran has to be in pretty bad shape, when a veteran can't dress or feed himself  that's pretty bad.

I'd rather die than be that way.

but However jfrei has a point here, if he can't feed or dress himself  with out assistance then when he was rated the smc -s p&t  the rater should have invited the smc-t

Edited by Buck52

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