Headache increase

[jfrei]

I’m already receiving SMC S and I filed for an increase on my headaches that they gave me a 0% in 2010 never really received a C and P for just my headaches but we’re done by my 3 TBI reviews just a check yes that I had them. I never filed for A/A or SMC and went to my c and p for my post traumatic headaches the examiner listed them as. I checked ebennies today this is what?

IMG_2841.pdf

[Buck52]

I think when a veteran gets SMC of any kind (more so with TBI Vets like yourself) , they need to make sure they use the correct ratings and its Mandatory they do this, on this SMC pay table link I put up  be sure and read the dependent table chart carefully.

( Veteran Alone not married) or, (Married with spouse only) or (with or without children)  ect,,,ect,,,,,

The  SMC S should pay you more that what you mention of 148.00 month. especially if you have 2 or 3 dependents.  (wife and children.)

[jfrei]

Thanks again Buck

Edited August 18, 2018 by jfrei

[Buck52]

jfrei

According to this pdf link you put up  ( IMG 2841.pdf )  you should be getting a decision on A&A around  8/29/18

[jfrei]

13 hours ago, Buck52 said:

jfrei

According to this pdf link you put up  ( IMG 2841.pdf )  you should be getting a decision on A&A around  8/29/18

This is the kicker I filed for his increase last year in 2017 and was never given an exam because the TBI review was authorized to do it never filled out the exam but stated I get them weekly and that was it all was in the TBI C and P that made me 100% P and T last year... I’m not getting excited thats usually a let down with the VA And i never requested SMC T just P and T backdated to Nov 2016. On another not i never requested S but was given it with my 100% but that’s just what’s is suppose to if I have 100 plus 60 is there another rule if your total is 250 or above? Would I qualify for SMC L as the stepping up block for SMC T there is no way they will just hand it without applying? I was approved to go to inpatient rehab in Richmond VA for the VAs program but unless I can get care for my children will never happen....

IMG_2868.pdf

Edited August 19, 2018 by jfrei

[Buck52]

 

Well I'm not exactly sure on this  but I think  when the TBI Vets are given  SMC S they have to look at his records and see what all their conditions are and how bad they are  and all the symptoms from a TBI,

They (Raters) take a look at all your medical records  test and MRI'S/your symptoms  the whole 9 yards  and see what condition your in and how severe.. they go by a Manual and its Mandatory they rate that TBI Veteran according to all his symptoms and severity by looking in that manual how to rate veterans with severe TBI.

So TBI veterans don't necessarily need to file for Special Monthly Compensation   the raters do that.and rate by the criteria in the   TBI  manual  It's Mandatory Ratings.

As I understand it from Reading in depth about how they rate a  SEVERE TBI Veteran. 

I do think you will get the A&A..Which is good,   when you have A&A it makes it easier to get the SMC  t.

if: They are in need of regular aid and attendance (A&A) due to the residuals of TBI.

But I am not exactly sure it all works this way , this is just my opinion from what I've read about TBI  Vets  just my opinion.

you need to be careful on what they rate you  make sure its the correct rating.  remember they rate  TBI veterans by symptoms and conditions and Serverity

Edited August 19, 2018 by Buck52

[jfrei]

On 8/17/2018 at 7:12 PM, Buck52 said:

Also jefri

You should check on the SMC -t Award  I think you would quailfy

''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:''

Emotional/Behavioral residuals

Physical (neurological) dysfunction

Subjective symptoms

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:''

The veteran is in need of aid and attendance

The veteran would require hospitalization, nursing home care, or other residential institutional care in the absence of regular in-home aid and attendance.

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).

 

Source;   Hill & Ponton Disability Attorney's

 

The SMC T says you need to have SMC L first established before asking for SMC T. Also my residuals of my TBI are already at 100% and P and T do that’s another block. The VA loves to give you a little extra just enough to see if you will stop seeking the benefits you deserve. Well I will definitely be requesting T if I am granted SMC L this week.... thanks for the reminder Buck I wouldn’t have looked into it in detail like I did today sorry the pic is sideways 

IMG_2898.pdf