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

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Tanker_God

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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

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I am not sure if you qualify for L 1/2, but you should dispute or put in another claim if you think you do.  They justified my husband getting L 1/2 due to his sleep apnea and headaches.  My husband disability is as follows.: 50% headaches, 50% sleep apnea, 20% shoulder injury, 10% ankle injury 100% combined for depression including neurocognitive disorder, TBI residuals, and Alzheimer’s.   His doctors stated he would require memory care center if he didn’t have care at home.  He cannot complete simple tasks without assistance, gets confused easily, trouble following a conversation and at times will wonder off.  Guess my point is you know better than anyone how much care and assistance you need.  If after your research you believe it is L 1/2 verses L; continue fighting for it. 

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My bad, A 50%, P-1 half step, and a P-2 whole step is based upon a single 50% or single 100% rating. A combined rating is not to be considered for the half or whole step bump.

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What if you need help just keeping your house clean and picking up after yourself.  My back is getting so bad when I bend over to pick up something I can't get back up.  To have a cleaning person come in once a week costs $90 where I live. My wife and I are both disabled. She can't do all the housework and neither can I.  I don't want to end up in assisted living because I am not that bad off, but I could use a little help.  Maybe I am just dreaming.

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John, to get A&A, generally you need a single 100% P&T award, Then you need your doctor to fill out a VA form 21-2680 attesting to your need of A&A. Then simply apply for the A&A. If you do not have a single 100% award you can still ask for A&A on an extraschedular basis. Read the below exerpt from 38 cfr 3.351 . Everything else that you need to know about A&A is contained in 38 CFR 3.52.

Exerpt from 38 CFR 3.351

(c) Aid and attendance; criteria. The veteran, spouse, surviving spouse or parent will be considered in need of regular aid and attendance if he or she:

(1) Is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less; or

(2) Is a patient in a nursing home because of mental or physical incapacity; or

(3) Establishes a factual need for aid and attendance under the criteria set forth in § 3.352(a).

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You posted:

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I am not quite sure you read my post at all. 

Perhaps.  Its been said that most people recall only about 20 percent of what they read or heard last week. Your post is very close to an "attack" and we are volunteers all with a limited amount of time.  If you dont agree with a response, its okay to explain why, but this is not a social media site to attack or bully others.  As a moderator, I do my best to stop any "attacks" on hadit members or moderators, to include others reading skills, or memory skills.  We have a wide variety of people on this site, with vastly different education levels.  Its always counter productive to attack others on this site.  A more generous way of saying that could have been, "Recall, I posted .................... so Im trying to understand why you said that."  

     You wont believe how many times I have answered nearly identical questions.  While I dont always repeat what I said, I understand fully that not all hadit members can search posts, or even have good memory or reading skills.  Many Veterans here have one or more mental disorders, so we encourage posters to avoid attacking other's reading/comprehension skills.  I would not be the first person to ever forget what I read earlier.  Sometimes I am very grateful I forgot what someone said to me.  And, I am gonna be generous and forget what you said, but please dont remind me by bringing it up again.  

Edited by broncovet
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On 5/28/2023 at 10:16 PM, jamescripps2 said:

My bad, A 50%, P-1 half step, and a P-2 whole step is based upon a single 50% or single 100% rating. A combined rating is not to be considered for the half or whole step bump.

That makes sense why I wasn't awarded the half step as I don't have a single 50% or higher. Thanks again.

Edited by Tanker_God
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