SMC-T and what does this mean exactly?

[taylor88be8]

What exactly does this mean? 

I. VA Interpretation of Public Law 111-275

    Under this proposed rule, VA will directly implement 38 U.S.C. 
1114(t), which states that an additional award of SMC is payable to a 
veteran who, as the result of service-connected disability, is in need 
of regular aid and attendance for the residuals of traumatic brain 
injury, is not eligible for additional compensation under 38 U.S.C. 
1114(r)(2), and in the absence of such regular aid and attendance would 
require hospitalization, nursing home care, or other residential 
institutional care

VA would also make clear that a veteran entitled to 
this benefit shall be paid during periods he or she is not hospitalized 
at United States Government expense as if receiving the amount equal to 
the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate 
authorized under 38 U.S.C. 1114(p) and, in addition to such 
compensation, a monthly allowance equal to the rate described in 38 
U.S.C. 1114(r)(2).

????

 

[Buck52]

8 hours ago, taylor88be8 said:

What exactly does this mean? 

I. VA Interpretation of Public Law 111-275

    Under this proposed rule, VA will directly implement 38 U.S.C. 
1114(t), which states that an additional award of SMC is payable to a 
veteran who, as the result of service-connected disability, is in need 
of regular aid and attendance for the residuals of traumatic brain 
injury, is not eligible for additional compensation under 38 U.S.C. 
1114(r)(2), and in the absence of such regular aid and attendance would 
require hospitalization, nursing home care, or other residential 
institutional care

VA would also make clear that a veteran entitled to 
this benefit shall be paid during periods he or she is not hospitalized 
at United States Government expense as if receiving the amount equal to 
the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate 
authorized under 38 U.S.C. 1114(p) and, in addition to such 
compensation, a monthly allowance equal to the rate described in 38 
U.S.C. 1114(r)(2).

????

 

It means VA is speaking in Japaneses 

''UNDER THE PROPOSED RULE' 'if a veteran is getting an SMC Award for his TBI WHO IS IN NEED OF REGULAR A&A for the residuals of traumatic brain injury, is not eligible for additional compensation under 38 U.S.C....BUT IF HE IS HOSPITALIZED  THEN HE CAN QUALIFY at United States Government expense as if receiving the amount equal to the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate authorized under 38 U.S.C. 1114(p) and, in addition to such compensation, a monthly allowance equal to the rate described in 38 U.S.C. 1114(r)(2).

[Buck52]

I believe the best attorneys and VSO have to decifier these regulations with other regulations that make more sense.

  These regulations may say one thing but another regulation will spell it out a lot better  and they use that particular regulation to help the veteran get what he so very well deserves, (jmo)

[Berta]

Maybe these cases will help-

This veteran was granted SMC T:

FINDING OF FACT The Veteran's service-connected TBI residuals require the need for personal health-care services provided on a daily basis in the Veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional. CONCLUSION OF LAW The criteria to establish eligibility for SMC T have been met. 38 U.S.C. § 1114 (t) (West 2002); 38 C.F.R. §§ 3.350 (j), 3.352 (2019).

 

https://www.va.gov/vetapp19/files11/19187087.txt

 

In this award the veterans was granted SMC and A & A, however, he was not granted SMC T.

"Because qualifying for SMC T requires both a showing of aid and attendance under 38 C.F.R. § 3.352(a) and the need for higher level care under 38 C.F.R. § 3.352(b)(3), if either condition is not met, SMC T cannot be awarded."

https://www.va.gov/vetapp20/files1/20002466.txt