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I was under the impression that with the 100% for loss of use of the lower extremities

the SMC-S would become SMC-L but there is no mention of SMC-L in the decision.

 It shows SMC was remanded??? Why would they not grant “L” and remand the 

SMC?  Everything i’m reading on the government site states it will be an automatic

increase. Under additional benefits on ebenefits-it still shows S-1 and entitlement to

SAH is granted. Please help me understand. I feel totally let down.

Thanks M


 

Edited by Matti
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  • Matti changed the title to SAH for Loss of Use of both lower extremities - SMC REMANDED??
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I really don't know, but I would ask you this.

Did you ask for SMC L?

Do you need Aid and Attendance to perform Acrivities of Daily Living?

Maybe look back and see if SMC L was implied and ask for it and an earlier effective date.

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They granted SAH on loss of use lower extremities 100% p/t which the Va.gov site says that

should be an automatic “L” since I already have “S”- but instead of giving me “L” - I now see it says Remand- increased rating Special Monthly Compensation  and there has also been a compensation issue (they added) since August 2020. So with my IU p/t and SMC -S 
awarded LOU both lower extremities 100% P/T (which should have been an automatic “L” from what I’m understanding…..Why would they remand SMC??

Edited by Matti
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  • HadIt.com Elder

The RO likely screwed up somewhere. Do you have an Accredited VA Claims agent with access to VBMS? If not I advise you to find one. 

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I feel for you. I have been in a VA claim since Sep 2009. Actually been at the BVA for 5 years, 3 remands and a lot of VLJ instruction.

I asked for A&A back in 2012 after my wife was approved for VA Caregiver. I thought the regulations stated if you need Daily Living Assistance you would qualify for SMC L. Maybe I did not read them right, but what I have read in asknod posts, if you need ADL assistance, regardless of your rating, you would qualify for A&A.

I do have a 100% P&T, and SMC S since 2012, but S is not the same as L, and since the VHA corrobated my contention that I need assistance, it would seem to be less difficult than turning on the TV

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Well I got a letter from my VSO today saying that a law firm reviewed my case and feel the BVA may have erred 

in my recent decision. This firm is willing to represent me for free but I have to pay a nominal filing fee. I’ve talked

to this VSO maybe 5 times in 11 1/2 yrs this has been ongoing (including 2 times a week and a half ago when the decision came out) They simply could not be reached, would not return calls to say the least and the handful of times they were more vague than Peggy…..and NOW they are suggesting I get an attorney. I am physically sick over this. Do any of you think

since they remanded the SCM that I could possibly write a statement pointing out my ratings and simply ask why couldn’t they give me the SMC-L for the LOU since that granted the SAH on LOU 100% P/T—-and since they didn’t give me the A/A

I had originally asked for. 
 

Thank you kindly

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