VA always prolongs the inevitable

[Buck52]

jfrei

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).

So if you have all these  then they probably will rate you a higher level of A&A or if the criteria is met with all your TBI  Residuals  they could award the  the SMC (t)  but without stringent requirements of the SMC R-2 benefit. 

I don't think you have to file for it at this point they will figured it all out   with your Medical documentation and qualified Dr's

However I am not 100% Certain....>   asknod will know!

 

Edited August 29, 2018 by Buck52

[Buck52]

Am I Eligible for SMC-L?

To qualify for SMC-L, the veteran must be rated at 100% service connected.  Additionally, the veteran must meet one of the following:

Anatomical loss or loss of use of both feet

 Anatomical loss or loss of use of one hand and one foot

Blindness in both eyes with visual acuity of 5/200 or less

Permanently Bedridden

 In need of regular need of Aid and Attendance

The first three eligibility factors in the above list do not leave much room for confusion and interpretation.  Anatomical loss and blindness are generally clear cut.

And you do not need to worry about the definition of permanently bedridden.  If you do meet the murky definition of permanently bedridden, you almost certainly need the regular Aid and Attendance of another person.

 

Source : VA Legal Team LLC

[jfrei]

13 hours ago, asknod said:

T would be for application if your injuries were not permanent and total such as a 70% rating for a TBI /§4.124a rating under DC 8045. Sometimes VA cheats and just says PTSD/70% and SMC T for about 24 months and then poof!. No more T. T stands for Temporary in this game.  The funds come from the VHA and they are doing this ratings game- not the VBA "Examiners". That means a registered nurse is your "T" executioner. 

Don't try to improvise or use some, but not all, the magic words. Do not dodge the intent of the regulation. VA doctors are not really supposed to do this but some do. Right now, they are almost job-proof  because they are understaffed. If they were flush, the offenders could discover their  upcoming contract wasn't renewed. 

 

So basically now it’s 100% P and T they won’t give me T just L because they wouldn’t separate my PTSD and my sTBI? If I qualify that is...I’m not complaining any help is better then no help

Edited August 29, 2018 by jfrei

[FormerMember]

Good Lord, son. Are you mad? You want L. T is temporary. It was never meant to be permanent. It's in three tiers, not a forever $8,798.03 /mo. payment like R2. Never confuse it with anything of, or having to do, with Veterans Benefits Compensation. You're getting L for Aid and attendance forever. Why would you wish for a T rating at one, two or three thousand dollars for X months? L is $3,866.24. That's $730ish  more than 100%. If they give you T, it would be for a finite period-not forever like SMC L. If your symptoms eventually cause loss of use of the upper or lower extremities or you develop Parkinson's secondary to it, you'll move up to SMC O with the R1 kicker. 

I think you need to crack the books to understand the SMC game a bit better.

[eli]

 

VA caregiver tier program:

https://www.hillandponton.com/va-special-monthly-compensation-primary-caregiver-benefits/

smc info:

see attached file

10-M- SMC final.pdf

Edited August 30, 2018 by eli
to add pdf

[jfrei]

I certainly don’t want T I’d prefer L with my wife and two kids.thanks Alex people were suggesting it to me I didn’t know about it as much as some so I though I’d ask...May I ask what about my TBI is temporary? Magically memories won’t come back with a temporary rating which why I’m P and T...

Edited August 30, 2018 by jfrei