Obtaining smc l

[andrewdc]

I have been 100% pt since 2007. I have 2 other disabilities each rated 30%. I submitted new claims 2 months ago for mental disorders, sleep apnea, knee, diabetes and increase in 30% sinusitis. I frequently forget relative names, my wife has to manage my medications and I no longer can handle finances. My nuerologidt submitted letter that memory disorders more than Likely caused by my copd and sleep apnea. If awarded 100% for mental would I be granted l or s 

[broncovet]

There are 4 criteria for SMC L:

Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.

(1)Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable.

(2)Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 ( § 4.83 of this chapter), does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity.

(3)Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in § 3.352(a).

(4)Permanently bedridden. The criteria for rating are contained in § 3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind.

   If you dont have any of the above, then SMC L is unlikely.  However, SMC S, may be doable for you either if:  

1.  You are "housebound in fact" or

2.  You have 100 percent plus an additional 60 percent combined seperate and distinct from each other.  

 

[Richard1954]

On 4/23/2018 at 12:20 PM, andrewdc said:

 My nuerologidt submitted letter that memory disorders more than Likely caused by my copd and sleep apnea. If awarded 100% for mental would I be granted l or s 

I just reread what you stated... yes this is very possible

Edited April 28, 2018 by Richard1954