Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

SMC-L Aid/Attendance Question

Rate this question


8th&IMarine

Question

I guess I need to know how to go forward. I am 100%P&T schedular AND TDIU.

I intend on filing a SMC-L claim for aid/attendance. I became aware of the form 21-2680 (Exam for permanent need for aid and attendance). My Primary doctor is a VA doctor and will most likely not fill out the form. I have no doctor that I know of that can fill out the form for me.  I know I can file for SMC-L online at E-Benefits but is the 21-2680 a NECESSITY for filing the claim? 

I have gathered the appropriate VA Medical notes which clearly show my need for assistance in adl's such as shoes/socks/bathing/trimming toenails as well as statements such as "Unable to perform ADL's" that are included in most notes by my primary. All of the evidence I will be submitting is contained in my C-File with the exception of a "layperson's statement" from my girlfriend who will attest to my needs. I know the SMC should've been considered automatically at the time of my appeal decisions so I worry that they already looked and decided against it which leads me to the problem of opening a new claim (time for appealing is long gone) without the 21-2680.

Can a FDC be decided based on the above or will it be kicked back because I failed to submit the 21-2680? Or will they move forward if not decided immediately with a C&P? 

Link to comment
Share on other sites

Recommended Posts

  • 0
On 8/12/2021 at 6:12 AM, pwrslm said:

 The statement from spouse can be considered new/material evidence (that the RO should have solicited in the orig claim).

Yes, I would think it would be material, but I'm thinking now this has to be a new claim as the time for submitting evidence or appealing is long gone. I'll still attach her statement with the claim though. Thanks for the response!

Link to comment
Share on other sites

  • 0

Always remember, SMC is an ancillary entitlement based not on an actual claim but your medical/physical condition. If it is due and owing, VA is required to award it automatically. There is no "one year" to appeal a denial. Once you prove your entitlement to it, it's due and owing back to the day your medical records show it was due, never the day that your c&p doctor signed the magic 2680. Seems I end up appealing every one of my SMC wins to fix an error like §3.350(f)(3)(4). 

I doubt VA will ever understand SMC. It (SMC) doesn't follow ratings rules. Worse, VSOs look at you when you ask to file and dang near every one of them will say "What? Who told you that horse pucky? The highest you can get is 100% or TDIU. That's it. There's no more money to be had." When you say what about SMC? they hem and haw and say things like "Yeah, but you have to be almost dead or in a wheelchair before you can file for that." 

Link to comment
Share on other sites

  • 0

Not trying to mix up your post ?

Note: Prior to enactment of PL 96-12, a Veteran had to be entitled to SMC under 38 U.S.C. 1114(o) in order to establish entitlement to SMC under 38 U.S.C. 1114®(1) and 38 U.S.C. 1114®(2).

I been trying to find out if public law is binding on va.

it seem to me that if a veteran needs in home care provide by a company.

they should get smc r.

 

Link to comment
Share on other sites

  • 0

Well, I messaged my PCP at the VA about an appointment to fill out my 2680 and I'm in shock. She agreed and scheduled me for this month! Every other time I've so much as hinted for a VA doc to make sure they mention something in their notes pertaining to my abilities or disabilities, I've been completely ignored.  I've always assumed they want nothing to do with opinions when it comes to the claims side of the VA. I'm also assuming this shouldn't be as "thorough" as a C&P exam and that my doctor will actually pay attention during the exam 😁

Link to comment
Share on other sites

  • 0
On 8/20/2021 at 2:40 AM, Mr cue said:

Not trying to mix up your post ?

Note: Prior to enactment of PL 96-12, a Veteran had to be entitled to SMC under 38 U.S.C. 1114(o) in order to establish entitlement to SMC under 38 U.S.C. 1114®(1) and 38 U.S.C. 1114®(2).

I been trying to find out if public law is binding on va.

it seem to me that if a veteran needs in home care provide by a company.

they should get smc r.

 

Yes but "R" requires qualifying for "O or N1/2" plus "K".  That's why I'm asking for "L" under the simple grounds that I require aid and attendance. Requirements are much less stringent, or so it seems.

Link to comment
Share on other sites

  • 0

Well the way I read it is pl law change it that veterans don't need the o to get smc r.

That n k o stuff is over but va is denied veterans. Base on this still.

You still have to be receiving in home care provide by a company.

And a doctor statement that without in home care you will need nursing home services.

That the way I read it.

 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use