Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Should I be entitled to SMC-L 1/2 ?

Rate this question


Tanker_God

Question

I was just awarded an increase from 70% to 100% for PTSD-Combat and was awarded SMC-L for Aid and Attendance.  I am curious if I should be getting SMC=L 1/2 as I have over 50% from below disabilities?  I am still waiting on paperwork to come in, so they could have counted the 40% lower back in the A/A and even if they used the 20% shoulder towards the A/A I should still be entitled as I am over 50% from the remaining 4 that have zero to do with anything A/A.  Also, I have never had SMC-S if that helps. Thanks

100% PTSD

40% Back

30% Chronic Sinusitis

30% IBS

20% Shoulder

10% scars

10% tinnitus

 

100% P&T with SMC-K and SMC-L

OIF 1

1998-2005

Link to comment
Share on other sites

  • Answers 12
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • 0
12 hours ago, Tanker_God said:

I was just awarded an increase from 70% to 100% for PTSD-Combat and was awarded SMC-L for Aid and Attendance.  I am curious if I should be getting SMC=L 1/2 as I have over 50% from below disabilities?  I am still waiting on paperwork to come in, so they could have counted the 40% lower back in the A/A and even if they used the 20% shoulder towards the A/A I should still be entitled as I am over 50% from the remaining 4 that have zero to do with anything A/A.  Also, I have never had SMC-S if that helps. Thanks

100% PTSD

40% Back

30% Chronic Sinusitis

30% IBS

20% Shoulder

10% scars

10% tinnitus

 

100% P&T with SMC-K and SMC-L

OIF 1

1998-2005

I agree with your reasoning that you should have at least a P-1 award for the combined 50% which would put you at the L1/2 or maybe even a P-2 award for the combined 100% which would put you at the M rating. 

Link to comment
Share on other sites

  • 0
2 hours ago, jamescripps2 said:

I agree with your reasoning that you should have at least a P-1 award for the combined 50% which would put you at the L1/2 or maybe even a P-2 award for the combined 100% which would put you at the M rating. 

Thanks for getting back with me and I hope I can get the SMC-L-1/2 at least.  I don't see how I could get the bump to SMC-M as I don't have another single or combined rating of 100% ?

Link to comment
Share on other sites

  • 0
  • Lead Moderator

The degree of Aid and Attendance is related to "what degree" of aid and attendance you need.  

If a person of very low training, such as a child or spouse, can tie your shoes, feed you, help you in and out of bed, etc.,, this is the regular SMC L.  

However, if you need a nurse's care, such as if you require an IV for medications, then that is a higher level.  

Now, you can get A and A even if performed by a family member.  But a family member, unless they are a registered nurse, for example, is not qualified to do things like administer prescription meds via IV.  

If your spouse or family member has a RN degree, for example, you can still get a higher level of SMC if you have the medical need, such as wound care treatment, IV's, and other things normally completed by a registered nurse.  

It does not matter if your care is given by a family member, what matters is the degree needed to give you care.  

Are you permanently bed ridden?  

Link to comment
Share on other sites

  • 0
4 hours ago, broncovet said:

The degree of Aid and Attendance is related to "what degree" of aid and attendance you need.  

If a person of very low training, such as a child or spouse, can tie your shoes, feed you, help you in and out of bed, etc.,, this is the regular SMC L.  

However, if you need a nurse's care, such as if you require an IV for medications, then that is a higher level.  

Now, you can get A and A even if performed by a family member.  But a family member, unless they are a registered nurse, for example, is not qualified to do things like administer prescription meds via IV.  

If your spouse or family member has a RN degree, for example, you can still get a higher level of SMC if you have the medical need, such as wound care treatment, IV's, and other things normally completed by a registered nurse.  

It does not matter if your care is given by a family member, what matters is the degree needed to give you care.  

Are you permanently bed ridden?  

I am not quite sure you read my post at all.  I put everything in the original post with all my Service connections and questions.  I was just awarded SMC-L, but I believe I should be at SMC-L1/2 as I have over 50% on top of my single 100% PTSD and even if they used my back 40% and shoulder 20% towards the A/A.  I have over 60% that has zero to do with A/A.  I also said I did not receive SMC-S.  Thanks

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • kidva earned a badge
      Collaborator
    • dennis simpson earned a badge
      Collaborator
    • Dave119 earned a badge
      One Month Later
    • ShrekTheTank went up a rank
      Contributor
    • kidva went up a rank
      Rookie
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use