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SMC for Aid and Attendance

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msvj3

Question

If a veteran is service connected for both fibromyalgia(40%) and spine conditions(60% and 10%), radiculopathy (20% upper, 20% lower) and is in need of aid and attendance, could the veteran receive a higher SMC because both conditions require Aid and Attendance.  The veteran also has mental health issue that equals 50% but may be increased to 100%.

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There is no requirement to be rated 100% before receiving SMC L Aid & Attendance ,  While in most cases the veteran will be rated 100% ,  there are cases were veterans  have been rated as low as 30%. The only requirement is that a veteran show an actual need for aid and attendance. 

See the information at the link below for qualifications 

https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=f05af9221e710f02049e108cb3ca50a8&mc=true&r=SECTION&n=se38.1.3_1352

 

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  • HadIt.com Elder

I agree with Richard1954

SMC is a necessitated type condition and needs to be severe  no matter what the Veteran is rated at , if he is awarded aid & attendance  that means he needs help because he is to incapacitated to help himself  the SMC is to help take some of the finance burden off this veteran and help from another person

Now with some SMC's like SMC S H.B. he will need to be 100% or IU  and another separate s.c. condition rated at 60% to qualify for SMC S  H.B.

which never made any sense to me  because Aid & Attendance pays  higher than the SMC S H.B.

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I need help you guys.  I don't know what to do and I am so distraught.  I have fibromyalgia really bad and a back issues that prevents me from taking care of myself.  My nurse practioner applied for the aid and attendance benefit for me but ebenefits was updated showing that I was awarded 100% but the smc L is not listed.  They gave me 40% for my back and 60% secondary for my bladder.  Shouldn't the primary condition be higher than the secondary condition?

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