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SMC L ,Aid and Attendance,weird start by VA


Artillerymadman91

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I am 100% P&T and I filed a claim for A&A at the federal  building by a VA representative.I am going for SMC L.I also have a claim open for CFS presumptive.

     When I asked her to file my A&A claim she opened it first then handed me a blank 21-2680 form for my doctor to fill out and bring back to her so she could add it to my claim.My question is shouldn’t she have filed it when I completed it ? Instead of filing my claim without it first ? She said that doing it this way would hold my place in line while I waited for my primary doctor to fill it out.My second question is can I be approved for SMC L with only a IU PT SMC S rating ? 

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Hello Artillerymadman, welcome to Hadit. I think your gut reaction is correct. It is almost always the right action to submit all of your evidence with your claim to avoid delays. While she may be correct, methinks I wouldn't have done it that way. The primary evidence is going to depend largely on what your doctor states on the form and when he signs it usually as the earliest, so how would she be "saving your place in line?" If you get the paperwork completed quickly and get her to submit ASAP, probably no harm done though. As for your second question, see 

https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/#how-we-assign-smc-levels-l-thr

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Welcome to hadit.

1.  As with other stuff, there are widely different ways to do something.  While I dont agree, with having every single step done before submitting a claim, others take the opposite position.  Specifically, the sooner you file, the earlier your effective date.  However, with SMC, this is not the case.  SMC is inferred and you should get an effective date based on facts found, not on the date you apply.  

2.  As to whether or not your SMC L will be approved, you can best answer your own question:  Do you need the assistance of others for activities of your daily life, bathing, eating, dressing, etc. etc.  I have no idea.  

     If any of your conditions which you are SC for, have worsened OR, if you have new conditions not yet claimed that could be SC, then you should also apply for those at the same time.  As an example, lets say you have knee issues you did not apply for, but you were a paratrooper and jumped out of airplanes in the service.  You may well need these knees SC to enable additional "loss of use" SMC either now, or in the future.  

     As also pointed out, if you have conditions which may be SC but are not, which "could" cause death, such as,  heart disease (presumptive for certain Vets), then getting SC for it may help your spouse get DIC if you pass.  

     I will guess that if you meet the A and A critieria, you should get an award (eventually, but you may well have to appeal), but if you dont meet that criteria, then probably not.  

     Note, the A and A criteria lists multiple things, and you may not need them all to get a and A.  You also dont have to have a "constant" need for a and a, but you do need to have a "regular" need for A and A.  

     The difference between "constant" and "regular" is something like this.  

Constant:  You cant be left alone without help.  For example, you may not be able to use the bathroom without help.  

Regular:  You can be left alone for "some time", but you need someone to come help you.  An example of this could be you can not take a bath without help.  Well, you dont take a bath all the time, so maybe an assistant comes once or twice a week.  

    IMPORTANT:  You can still qualify for A and A, "even if" a family member is the one who helps you.  It does not mean you have to hire outside help to get a and A.  Your wife or family can help, too.  

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

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It's really 6 of one and a half dozen of the other. If your doc will be back in 2 weeks, I'd probably jump on it as soon as he got back now that it is already submitted. Just make sure she gets it in right away and then check to make sure it has been entered into your claims file. You could just call 800-827-1000 and ask the rep if it has been entered yet, or ask your VSO. 

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Well I apply for smc l and got it I didn't have to have no doctor fill out anything.

I was send to the a@a comp exam.

And that was used and my in home care plan.

My va primary doctor had nothing to do with it.

She did put the order in for the hospital home/maker program for my in home care pay for by the hospital.

So I would wait to get a doctor to fill out anything they are going to order a comp exam.

A statement from wife girlfriend kids any one who help u should be included.

It sound like she put in a intent to file claim. I think that how they say it.

It give you the effective date of the intent to file.

I would just file the claim.

It's very hard to get va doctors to write fill out any thing with a va claim.

Just my opinion.

 

 

 

 

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