SMC for Aid and Attendance denied

[msvj3]

I feel distraught.  What do you do when you need help, but the Va says you don't hurt enough and denies your aid and attendance?  They rated me as !00% combined but said I don't meet the criteria for smc aa.  They said my medical record show I require some assistance with bathing and other hygiene tasks, my service connected conditions do not meet criteria for a grant of special compensation based on the need for an aid.  In order to be eligible, my service connected disability must be totally disabling and be the sole cause or contribute to the need for aid and attendance.  I have no service connected disability evaluated at 100 percent.  They said if I had disabilities resulting from the same disease process and/or certain combinations of primary and secondary disabilities, they could consider that.  But in my case, everything for my back adds up to only 90%.  They said they couldn't add the fibromyalgia 40%, depression 70%, or neck 10% into that formula.  I've been shifting from crying to being lifeless for the past week.  Where am I suppose to turn for help now? What am I suppose to do?  I think the worst part of the rating, is that it feels like someone got an in dept look at my life and screamed back at me, that nothing I am going through is taken seriously by any one.

[ShrekTheTank]

are you at 100% rated?  I was under the impression A&A were under a difference set of guidelines?  I could be wrong, but if it is this bad then there is something else.  Someone else here probably knows more! 

[GBArmy]

msvj3 Tough luck man. Sorry to hear you were denied. Have you evaluated ALL of your existing disabilities and compared them to see if they might be eligible for an increase based on a worsening of conditions? Is there anything else you might put in for? If you are 100% combined there are a few elders that really know the dance for SMC's and maybe they can pick up here. But I can offer one piece of advise: don't give up, don't ever give up. Don't let the bas---ds win! You didn't go this far to give up now. 

[broncovet]

File a NOD, and dispute it.  Most of us are denied, more than once.  

[GeekySquid]

HI,

Okay we are shooting in the dark here. For us to give more on point responses we would need more information.

Please, collect all your award and denial letters for every claimed condition.

collect the DBQs for each

collect your claim for A&A and the C&P DBQ.

redact all your personal information from them.

then post them here so we can review.

5 hours ago, msvj3 said:

I have no service connected disability evaluated at 100 percent. 

you don't need one.

read these links

https://www.law.cornell.edu/cfr/text/38/3.351#c_3

https://www.law.cornell.edu/cfr/text/38/3.352

not a word about needing a 100% single rating to get A&A.

5 hours ago, msvj3 said:

hey said if I had disabilities resulting from the same disease process and/or certain combinations of primary and secondary disabilities, they could consider that.  But in my case, everything for my back adds up to only 90%.  They said they couldn't add the fibromyalgia 40%, depression 70%, or neck 10% into that formula.  

really? that would be interesting to find out their justification.

A&A is based on your NEED as caused by your SC conditions. Each case is evaluated individually.

5 hours ago, msvj3 said:

Where am I suppose to turn for help now? What am I suppose to do?

you come here and ask for help.

Post the things I suggested. make sure to really black out your PII, we want to help you not reveal your personal information to the internet.

I cannot promise we can give you a solid answer, but without the basic information we cannot offer you much of anything but emotional support.

 

[msvj3]

I am 100% rated.  They did give me my 100%

[Richard1954]

On 8/25/2019 at 7:53 AM, msvj3 said:

I am 100% rated.  They did give me my 100%

100% is not a requirement for aid and attendance, you only must prove the need for aid and attendance.

https://www.law.cornell.edu/cfr/text/38/3.350