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taylor88be8

PTSD increase A&A added

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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a little update...   I went to ''pending decision approval''  yesterday and where it said SMC-S It now says from (11/14/2017 -3/23/2018) and my claim for A&A and PTSD increase was on 3/23/2018?  Any ideas on why it would now have a ending date for my SMC-S? 

Edited by taylor88be8

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On 4/8/2018 at 3:37 AM, SupermanCannedy said:

I am confused about how you csn get both SMC s and SMC k. It is my understanding that only one SMC is awarded, but I suppose the k could be stacked on top of another SMC?  Regardless, increasing the % your existing ratings, will not necessarily increase your compensation because you're already receiving over and above compensation that is awarded by % ….you’re in the SMC charts. 

If you are at an S and want to go to an L, you’ll need more than a new 21-2680. You’ll need to provide medical evidence that shows the specific ways your condition has declined and can provide a more detailed explanation as to why your need for assistance has increased. Brain scans that can show damage, such as MRI & SPECT, are good. Having the dr assign cognitive, speech and other therapies that assist with decline are helpful.  Tests for memory and cognitive dysfunction can also be helpful. 

Since you’ll need to get all up to date on tests and imaging, you may as well as have your neurologist to look into the possibility that you have a TBI that has gone untreated since your blast. PTSD and TBIs have some symptoms that are similar and some that overlap. It is possible to have both. However, when TBI is left untreated it can become degenerative.  Enough time has passed for it to show on imaging and neuropsych testing. So, have the dr look into it and get treatment, if needed....regardless of the outcome of your futurre claims. There are some AMAZING programs that are helpful in the early stages of TBI. 

If your tests come back showing evidence of TBI residuals, then put in a claim for it because if comes back high enough, it could be combined with your high PTSD rating to get you to the L (100% TBI + the 70% PTSD meets the criteria. I'm not sure how it works if both are less than 100%) OR skip putting in for the TBI claim and take the chance that your results are strong enough to put in a claim for SMC L or  L or L ½ . 

 I just got approved for SMC-L and increased from 70% PTSD TO 100%PTSD TO then award SMC -L I actually got awarded SMC L 1/2 Because of my remailning 60%

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On 4/1/2018 at 5:07 PM, asknod said:

 

Edited by Richard1954
deleted original reply based on taylor's last entry.

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On 4/1/2018 at 5:07 PM, asknod said:

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.  

Just to look back at this response and it’s incorrect and given off wrong information to other vets, who may be looking at this site for guidance.  

You stated that I didn’t have a attendee for aid and attendance in particular the SMC-t rate..  

However, under further review, the main reason the SMC-T rate is so high,  in monthly income is to keep the SMC-T vet out of nursing home care, so that  he or she would be able to afford to pay a nurse or caregiver to assist the with in-home care....

Furthermore,  it actually makes a VA Claim for SMC-T considering he or she meets the other qualifications for the T rate even more of a candidate if they are living alone, as this is the reason the amount is so high for T rate.  

And your description above, that  the Veteran has to basically be a vegetable, in order to receive aid and attendance is inaccurate as well....

Who changes the vets diaper?

Can you heat up a hot pocket in the microwave?  

 

Maybe, for extreme cases, sure!

But not for every case and not for most cases, that a veteran that applies for aid and attendance would need that level of care in order to be approved for SMC. 

 

88 

 

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On 4/8/2018 at 2:43 PM, asknod said:

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/

It's better to research something before opening the piehole and makingpronouncements 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

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