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PTSD increase A&A added

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taylor88be8

Question

I have been TDIU P&T for over 6 years well since I medically retired from the Army for PTSD on June,26,2012 (PDRL).  

My current ratings are 70% PTSD. ,30%Migraines  30% Gerd 10% Tinnitus 0% ED  combines total of 90%

 

I was awarded VA Caregiver from 2012-2014 until my wife left me them I lost Caregiver 

 

question is if apply for a increase in my 70%PTSD and I have a DBQ signed rom a medical doctor stating “Total Occupational and Social Impairment”  and the same MD filled out the VA Form 21-2680 A&A Form stating I need it.

 I’m also on SSDI since 2012 for PTSD as well   

I already have SMC-S and SMC-K

 

What are my chances for any of this?  

 

Thanks 

 

Edited by taylor88be8
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Sure, Gastone. I just read his first post at the top. His wife left. Sayonara SMC (t). No caregiver = no dice. So... He says he is currently SMC (s)with a K-about $3380/mo. I could see him maybe being entitled to a 100% schedular for the PTSD but you have to be prepared to go up to the BVA to win it and especially any A&A. VA is going to choke and puke. Most guys work with VSOs and most VSOs would refuse to file it because they are good buddies with the raters and were taught never to help a Vet do this. Most don't even know what SMC is. Most attys. would shy away because he already has P&T- there's no money in it. There are about 800 Vet attys. you can turn to and 350 of us agents. That's a whole lot of you folks chasing good legal help.  I have clients literally show up dying and asking me for help who have already been waiting at the BVA two years. Their VSO forgot to ask for advancement and never filed a Waiver of Review in the First Instance to prevent a remand.

With the above disabilities mentioned, even if, arguendo, he got the 100 for the bent brain, he still has to show he meets the requirements of §3.352 regardless of what kind of fiction the good doctor writes on the 21-2680. VA wasn't born at night. They'll ask for a c&p. Does PTSD prevent you from feeding yourself? Does the MDD prevent you from attending to the wants of nature? If so, who changes your diaper? Bedridden? Can't dress yourself because your brain isn't working right? Can you heat up a Hot pocket in the microwave? Need help bathing yourself in the tub/shower? If all you can rustle up is you may be a danger to yourself or others, VA would have you declared unable to manage yourself or your affairs and assign a fiduciary to "be your financial caregiver". There are a lot of possibilities at play here. Pick the wrong one and you'll wish you hadn't. You can't recall a bullet... or a VA claim.

If you are living all by yourself and asking to be rated essentially as burnt toast and need A&A, VA is going to ask themselves if you are playing fast and loose with the dictionary.  To get into A&A, the very essence of it is what it means-AID & ATTENDANCE. If you have no Attendee to perform the Aid, how is it you could even make it to the doctor to have him fill out the 2680?  Forget that 100% homie, it's time for domiciliary care.That's VAspeak for nursing home. My advice is to get married again pronto and only then mount up the posse and file for the (t). In cases like this the r(t) caregiver stipend is the greater benefit than SMC (l) for Aid & Attendance and already a proven need. Never try to reinvent the wheel.  

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There are four flavors of A&A. One is the first tier or SMC(l). Next comes r(1), then r(2).  Last  but not least is SMC r (t). It is staged into several tiers with the highest equaling the payment of r(2). Because the Veteran is from whom the entitlement flows, all funds are paid to him for disbursement unless he has a fiduciary. With a divorce, his ex-spouse loses her spousal entitlement. With no caregiver living in the home, Mr. 88 loses the smc r(t) and drops back to SMC (s). If the caregiver were someone other than the spouse, the $ would be paid to him/her directly.

Buck is correct. If a new caregiver was found who could live there 24/7 and be trained by VA to provide the function, he would be entitled to the smc r(t) again. It would not require a relative but that would be optimal here probably. Again, VAF 21-2680 is rather pointed in what constitutes the requirements to attain A&A and especially any A&A at the higher tiers. CAVC precedence says you have to have "most but not all" of these problems listed in order to get the $. But if you only have one risk, it almost always has  to be bedridden or blind. VA is pretty sticky when handing out these big ticket SMCs. I'd say there are less than 5,000 r (1) & (2) ratings out there. One thing no one discusses is r(t) is considered "transitional" as in 'you're going to get better some day and won't need it.' I've never done a r(t) yet, just a couple of r(2)s and and 3 r(1)s. I aced them all.

With the PTSD rated for over 5 years, it's "substantially protected" but that's no guarantee. One thing I've found is the more screwed up you are, the less chance of getting dunned by a c&p and reduced. I did see a Vet get whacked at 19 years and 4 months. He fought to the BVA and got it overturned. These guys are vicious. Remember that.

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It's better to research something before opening the piehole and making pronouncements that others may follow to their own detriment. The Google Search bar, or any search engine for that matter, gives you a wealth of information. In fact, Hadit has numerous discussions that encompass SMC in all it's iterations. Search and ye shall find. Or, you can be lazy and misinform others.  Remember, a forum model like this has no filter to erase misinformation.  You must be responsible. If you do not know the answer, it's best not to hit the reply button and expose your ignorance or harm others. Here's a quick study on SMC that will hopefully help newcomers to better understand the ins and outs of SMC. It is one of the most absolutely misunderstood subjects in VA law and takes several years to wrap one's noggin around. More errors are committed by VA raters  on this one subject than any other.    https://asknod.org/2013/02/27/special-monthly-compensation-what-is-it/

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         So for the ones that said I wouldn't be approved for A&A,    I was approved for  ( SMC-L 1/2)  Based on Aid and Attendance.               The (1/2)  step came from my additional ratings totaling (60%) that were not used on the award of (SMC-L).                                                                                                                                                                                                                                                                      So I was (70%) (PTSD TDIU P&T)   I asked for a Increase of the( PTSD) and received the bump to (100%)  PTSD and awarded A&A .   I'm not sure how the TBI got so confused,  at no point did I say or ever claim TBI or A&A Based on a  TBI.                                                                                                                                                                                                                                                                                                          I was not given a C&P for the (PTSD) Increase or the A&A Claim either i was approved just off my medical records and doctors notes.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Thanks again

Edited by taylor88be8
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Based on what you posted, your chances are good.  Im a little unclear of your motive, tho.  Since you are already at 100 percent with TDIU, it doesnt seem likely that an increase in PTSD to 100 percent, even if it happens, will increase your compensation.  

Of course, if you meet the criteria for SMC S, housebound (100 percent plus an additional combined 60 percent), that could result in an increase, as could your A and A that you applied for.  

The housebound, however, would be moot if awarded A and A.  A and A and housebound are mutually exclusive to each other.  You dont get a and a and housebound, at least not if I get that correctly.  I have read the VA regs and it certainly would appear you get EITHER A and A  OR housebound, but never both.  

Due to the fact you are not apparently working, then you probably should get housebound, according to this:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

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1 hour ago, broncovet said:

Based on what you posted, your chances are good.  Im a little unclear of your motive, tho.  Since you are already at 100 percent with TDIU, it doesnt seem likely that an increase in PTSD to 100 percent, even if it happens, will increase your compensation.  

Of course, if you meet the criteria for SMC S, housebound (100 percent plus an additional combined 60 percent), that could result in an increase, as could your A and A that you applied for.  

The housebound, however, would be moot if awarded A and A.  A and A and housebound are mutually exclusive to each other.  You dont get a and a and housebound, at least not if I get that correctly.  I have read the VA regs and it certainly would appear you get EITHER A and A  OR housebound, but never both.  

Due to the fact you are not apparently working, then you probably should get housebound, according to this:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

I forgot to add that I already have SMC-S and SMC-K.  I was told you need one Disability a straight 100% not TDIU to receive A&A 

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