Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more

Okemos_Veteran74

SMC T Cases approved or denied at the board of veterans Appeals

Recommended Posts

Hello,

 

I have a request. I would like to research all of the cases where the board of veterans appeals approved or denied SMC tea benefits. Apparently I have not been typing in the correct search results because I haven't found a whole lot of information. If someone has been able to find more information could you please post a link with some better results?

  • Like 1

Share this post


Link to post
Share on other sites

Ad

Try other search terms, not "SMC tea".  Maybe the following is why you cant find anything:  

According to Hill and Pontoon (a well respected Veterans law firm), the old "TBI" has been done away with and replaced, as follows:  

https://www.hillandponton.com/va-special-monthly-compensation-for-veterans-with-tbi-smc-t/

Quote
Mary Klements, Claims Advocate

VA Special Monthly Compensation for Veterans with TBI: SMC t

March 28, 2015/in Veterans /by 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).

 

Dependent Status

R.2 Dependent Status

R.2

Veteran Alone $8,318.95 Veteran with Spouse and One Child $8,599.72
Veteran with Spouse $8,481.02 Veteran with One Child $8,427.34
Veteran with Spouse and One Parent $8,611.08 Veteran with Spouse, One Parent and One Child $8,729.78
Veteran with Spouse and Two Parents $8,741.14 Veteran with Spouse, Two Parents and One Child $8,859.84
Veteran with One Parent $8,449.01 Veteran with One Parent and One Child $8,557.40
Veteran with Two Parents $8,579.07 Veteran with Two Parents and One Child $8,859.84
Additional A/A spouse. $148.64 Add for Each Additional Child Under Age 18 $80.52
    Each Additional Schoolchild Over Age 18 $260.13
    Additional A/A spouse $148.64

Source: http://www.benefits.va.gov/compensation/resources_comp02.asp

 

Share this post


Link to post
Share on other sites

LOL

 

.HaHa Thank you AUTO-Dictate.

 

thanks for the response btw

Share this post


Link to post
Share on other sites

Thats pretty impressive software, and its impressive you know how to use it.  Is this google?  

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • So I've been in a basic power chair (Q6 Edge) since 2015. Late 2016 was also fitted for a TiLite TRA manual (also keeping powerchair). 2017 was approved by Tampa VA for clothing allowance for lower. 

       

      Moved to Battle Creek VA late 2017. Since then was issued new basic powerchair (Quickie P222-SE) to replace broken Q6. Still use TiLite also now can lightly ambulate with Forearm crutches.

      Use crutches 50%, and both chairs 25% each.

      Was approved for 1 clothing allowance this year for forearms crutches for upper.

       

      Was denied 2nd for chair/lower that was awarded last year because Chief Prosthetic states "powerchair takes precedence, you were issued that so you are to use only the powerchair".

      Also powerchair has gap between seat and leg mounts where clothes do get caught and tear. Clinician was I'll put it back in but"power chairs dont get clothing allowances", and "any review or appeal will only come back to me"

      I was approved for powerchair/custom manual combo clothing allowance last year; How do I word an appeal for the lower clothing allowance this year?

      My local DAV rep at the VA has no clue on how to handle this.

       
      • 1 reply
    • Thank you.  I’m not exactly sure of how I will file it.  If it is secondary to TBI, would it be pyramiding?
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • I understand what you are saying. Does it sometimes take awhile to update the VA letters and disabilities info online after it closes.....in my case on a Saturday ? Some on other posts on here says no and some say yes so I'm just curious about the inconsistency regarding that if it is yes and no.
    • Disability Calculator: Veterans Compensation Rate Calculator
      Disability Calculator: Veterans Compensation Rate Calculator

      10 + 50 = 50 and other VA math mysteries explained.

      VA Math It’s Not Your Mother’s Arithmetic “VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service connected, and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating. Continue Reading

      Use our Ratings Calculator to add your percentages
      • 0 replies
×

Important Information

{terms] and Guidelines