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Smc l - I need help


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Guys i’m terrified here. My wife has been my caregiver for a lot of years. I was too messed up until a few years ago to even be able to try to get benefits increase from 50%. After 4 years of fighting the va, I’m 100% p&t finally. Now I need to either get caregiver or smc l. After the last examiner lied outright, I’m afraid filing for AA will mean another c p. I can’t go through that the last year and half fighting the va  ruined what was left of my health. Help appreciated, my heads swimming and I did try to read postings here but my brain not working like it should

 

if u file aa does it mean a c p? If p&t how come people still get c p exams? I have open appeals as well, so not all of my fighting done yet but I can’t take any more 

Edited by OldSoldier (see edit history)
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Well, here is the deal.  You dont have to do a c and p exam, provided that its already documented in your medical records you meet the criteria for the higher rating.  

However, if its not already documented, your choices are to submit to the exam or forgo additional benefits.  

Im not denying that "fear of a c and p exam" is real.  I get it, and have been through them.  If you are seeing a counselor, you may be able to discuss that fear with them.  

Lots of times Vets "last battle" is with the VA.  And, that battle is the most important, at least now, for you.  

I remember being shipped thousands of miles from home, with people yelling at me that I didnt even know.  And, being prepared to give my life up.  

Well, the worst that could happen is likely that you remain the same rating as you are now.  Thats the worst.  So, even if you manage to take a few steps forward, its better than sitting in the foxhole you are now in.  

Remember, that 90 percent of our worries never happen.  Also, remember what F.E.A.R means:

False

Expectations

Appearing 

Real.

     The way I beat fear, however, is through faith.  If your faith is strong enough it always beats fear.  If you need faith, you can go to church, or if you cant go to church you can watch it on tv.  If you cant find it on tv, try utube, for example:

 

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So once again Broncovet is right on.   I was pretty disheartened when I found this site.  I went from 40% to 90% and hopefully soon my appeal will get done.  Remember you are not alone in this fight.  There are hundreds of thousands of us having the same fight every day.  We were taught to fight and to survive the horrors of war, but most of us were never taught to deal with the struggles after the war, or the medical conditions which can follow us home.  

I found helping other vets here side step the pitfalls has help me get out of some of my ruts, because we are a family!  Find an outlet, find your joy, and find a good hobby!  I love bonsai.  

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thanks so much for the support. I’ve been all alone in this. I am 70 ptsd, 60 chronic fatigue, 40 fibromyalgia, plus 20/10/10 back, neck, jaw from combat injuries. Does that qualify me for smc k?

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SMC K is available for erectile dysfunction and other Loss of use.  

If you are housebound, you should get smc s.  

And, yes, there is smc L.  

As I explained, a c and p exam is not that bad, and its well worth it for the extra income.  

Depending on what is already documented in your records, you may/may not be required to do a c and p exam.  I suggest you apply; if they order an exam you can decline to attend.  

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16 hours ago, OldSoldier said:

thanks so much for the support. I’ve been all alone in this. I am 70 ptsd, 60 chronic fatigue, 40 fibromyalgia, plus 20/10/10 back, neck, jaw from combat injuries. Does that qualify me for smc k?

 

Unfortunately those Percentages won't quality you for SMC   THEY ALL ADD UP TO 94.8%  Which is a 90%combined rating.

Veterans need a 100% rating plus another 60% separate rating for SMC But not always.....

Now Beings your at 90% combined rating   you will need an addition 50% rating just to reach 100%   unless you can get TDIU then that will change things  and you would only need another separate rating of 60% or higher to qualify for SMC.-S H.B.

Usually the raters are suppose to check on this to see if the Veteran does qualify for any possible  SMC    (Sometimes they don't)

It's always good to read your Award letter carefully and what and how they rate you.

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sorry I failed to include all your % After Rechecking them  you do have a 95.3   rating  which is rounded off at the 100%rate.

so you only need an additional 60% separate rating   to qualify for the SMC s S. H.B.

SMC K is for loss of use of a body organ ...so you need to check on them too....for SMC-K  if you have ED you need to file a separate claim for that   if its not a direct Service Connection   but a secondary condition due to the medications your taking you file secondary claim for the E.D.

   you need a diagnose from a Dr (urologist) and then file for the SMC K   for the E.D  they usually 0%service connect it and give an additional 108.** month on top of what you already get.

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There are 2 ways to get housebound.  (SMC S).  This is just one of many SMC's.  

1.  100 percent  plus an additional 60 percent, seperate and distint from the others.  You probably dont qualify for this because you dont have a "single" 100 percent disability.  You apparently have a "combined" 100 percent, instead.  

2.  Housebound in fact, where you are unable to leave the home.  

    

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try list all my rating. 70 ptsd, 60 chronic fatigue, 40 fibromyalgia,  neck/back/jaw injuries is 20/10/30, my hands 10/10, 10 tinnitus. I have appeal for knees/legs/hips. They said migraines not service connection even though I get migraines from ptsd and pain from fibromyalgia. They try take away my service connected for knees/legs/hips so I have to appeal. I put in appeal for migraine but it doesn’t list it in as item being reviewed. I’m stuck in wheelchair a lot of time by my legs not work n pain.

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I have letters from my doctors stating my heart problems and sleep apnea and all the rest are more than likely due to service. But my appeals don’t list these either as items under review. 

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did you file for your heart problems and sleep apnea?  As they will not just add them.  

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I smell a CUE!!!

Edited by Buck52 (see edit history)
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4 hours ago, OldSoldier said:

it was in the letters from my doctors in my appeals. 

What conditions are on appeal?

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On 5/6/2019 at 10:41 AM, OldSoldier said:

But my appeals don’t list these either as items under review. 

first Call Peggy and find out why they are not listed. Also send an IRIS request for the same.

Second  @broncovet is correct on the SMC (s). From what you say you would qualify under option 2. Have you already filed for SMC (s)?

@Buck52  may be onto something with a CUE. It sounds like you got shafted by the C&P examiner. based on what you post, denials seem to be way off base.

 

 
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