Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

SMC L C and P Exam for PTSD - What to expect?


SMC L C and P Exam for PTSD - What to expect? Applied for smc l c an p next month any advice appreciated.

Share this post

Link to post
Share on other sites

Recommended Posts

  • 0

I have been through a C and P exam for SMC L "Aid and Attendance".  

They will likely ask you if you drove yourself.  Further, they will ask you about "Aid and Attendance", such as what tasks do they perform for you?  Things like, "Can you do your own laundry?"  Can you drive yourself to the store?  Can you mow your own lawn?  Why or why not?

    They may also try to figure out "why" you need A and A, that is, is it related to your SC condition(s), such as PTSD, or is it from another reason?

If you have "loss of use", this is a good time to tell them about that.  If you use a wheel chair or a walker, mention that.  If I recall, your neice did a lot of things for you.  You may want to write down all the things she does for you.  Remember, they can not deny A and A "just because" the person who helps you is a family member.  

Criteria for A and A (SMC L):

3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”

(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§ 3.351(c)(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment. “Bedridden” will be a proper basis for the determination. For the purpose of this paragraph “bedridden” will be that condition which, through its essential character, actually requires that the claimant remain in bed. The fact that claimant has voluntarily taken to bed or that a physician has prescribed rest in bed for the greater or lesser part of the day to promote convalescence or cure will not suffice. It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made. The particular personal functions which the veteran is unable to perform should be considered in connection with his or her condition as a whole. It is only necessary that the evidence establish that the veteran is so helpless as to need regular aid and attendance, not that there be a constant need. Determinations that the veteran is so helpless, as to be in need of regular aid and attendance will not be based solely upon an opinion that the claimant's condition is such as would require him or her to be in bed. They must be based on the actual requirement of personal assistance from others.




(c) Attendance by relative. The performance of the necessary aid and attendance service by a relative of the beneficiary or other member of his or her household will not prevent the granting of the additional allowance.

Dont "confuse" bedridden and A and A.  YOU do NOT need to be bedridden to get A and A, (but if you are bedridden, you should get A and A)  

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

Edited by broncovet

Share this post

Link to post
Share on other sites
  • 0


   Let's say your neice calls you once a day to remind you to take your medications.  Tell the examiner that!  Tell the examiner what your helpers do for you.   Remeber, if you need help to "keep yourself or your place clean and presentable" that is a and A.  Can you mop your own floors?  Can you take out the trash?  Can you clean and vacuum your car?  How often are you driving?  Are you living alone?  

Share this post

Link to post
Share on other sites
  • 0

Your welcome.  To prepare for the exam, I suggest you make a list ahead of times of the things your (neice or other attendant) does for you, so you know how to answer that question:  "Why do you need A and A?"  AND "How is this related to your SC conditions?"  

The good news, and one you should keep in mind:

If granted A and A, it "wont" be from your "date of claim".  Instead, the effective date should be from the date the doc says "you first needed" A and A.  

So, if your neice has been helping you for 4 years, be sure to tell the examiner, had it not been for your neice you would have had to be in a nursing home.  

Now, Alex says that is a key statement:  "Except for your attendant, you would be forced to go into assisted living".  Of course, I dont know if that is true for you or not, but if it is, be sure and mention it.   As always, fully telll the truth, but this exam is no place for you to "suck it up" and pretend you dont need help, when you do.  I assume you need help, or else the social worker would not have gotten it for you.  

Its not a bad idea to review your records, and especially the social worker who got you (temp) A and A.  What reason did it say that she did that (in your records)?  

Edited by broncovet

Share this post

Link to post
Share on other sites
  • 0


 I have been through a C and P exam for SMC L "Aid and Attendance".

 broncovet, Was you awarded the A&A?

I am pulling for Ms T to win this  she deserves it more than anyone I know, she uses her wheel chair and depends on her niece just as someone would that was helpless , I can only Image Ms T Niece would be classified as Ms T Caregiver too

Ms T mention all your conditions that render you bedridden and let them know you fall a lot so you try not to get out as much as possible and when you do  you need your Niece assistance

Be careful about the nursing home fiasco I've seen a veteran apply for A&A and ended up in a nursing home and someone else had been choose his fiduciary 

Remember Ms T anything you mention to them about your health make sure its documented, so read your medical records before your C&P and try to remember whats in them.

  you can take them with you  and mark pages that you may need  to prove what you mention but wait until you see how the exam is going .

  if you think you got an examiner that don't like to read   then bring up some of these special needs you have and let him/her know  that your a lot worse since your last C&P   YOU WOULD NOT BE HERE IF YOU WASN'T ect,,ect,,

We certainly wish you the best

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Our picks

    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 7 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:

      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis

      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.

      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 


      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.


      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

        • Like
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines