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Do I qualify for SMC?


Lemuel

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1 hour ago, broncovet said:

I agree with Lemeul, that many people will pay not to see ads.  So, the free version could have ads, while people who pay, say $50 per year should get ad free.  I think that may be the way it was in the past.  

PM, for example, could also be reserved for premium subscription holders and moderators.  

In other words, the "free" version could prevent PM, while a paid subscription would allow additional things such as PM, (for a more personal experience), perhaps additional "goodies" such as a VA nationwide phone directory, or, perhaps things like access to VA fast letters.  

People often pay for convenience or to save time.  As an example, specific advice on "effective date appeals" could save hours of searching, some of which members are privy to, and others not so much.  

Appeals on "effective dates" suggests these people have already won their benefits, but want/deserve an earlier date, so they may not be "as broke" as someone with zero benefits.  And it would be worth it to have great advice on effective dates especially if it meant you need not hire an attorney for thousands of bucks.  I have no idea if this is doable or not, I am just noting that "the free hadit" version should be for people desperate to get their benefits or be homeless (like I was), but if they are already 100 percent, it takes the pressure off many of us so we can go for those SMC's and EED's.  

I have not looked into SMC yet.  Do not know if I qualify.  I am finding that I do not quite qualify for caregiver qualified monetary support by get things like bathroom supports installed.  Did not apply for but may have gotten the electric bed with the incline I need to sleep.  Spent a year in sleeping in a recliner before getting the king size split electric bed with hospital like head and foot adjustments plus a vibrator to prevent bed sores when I spend a lot of time in bed like when I fractured my kneecap from a fall last year.

Would appreciate a reference to a question raised on the subject.  If none I will ask my own question.

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Short answer:  We dont know.  Do you meet any of the following criteria? most require 100 percent, and tdiu can work there.  

1. Loss of use (arms, legs, etc)

2.Need of aid and attendence.  Do you need assistance from others? (including assistance from family members for ADL's (Active Daily living activities, such as bathing, shaving, eating, bathroom etc). 

3. Housebound. A and A and housebound generally require a single 100 percent disability (including tdiu), as well as other criteria.  A single 100 percent (including tdiu) plus another 60 percent combined, seperate and distinct means SMC S.  

4.  loss of use of a sexual organ.  (SMC K).  This can include ED if its a result of service injuries.  

5. Do your injuries (SC) need adaptive things like a wheel chair van?  

     Theoretically, you dont have to apply for SMC, but dont count on VA "noticing" and awarding it anyway.  However, your effective date of the above "should be" the date the doc says you first met the criteria, and not necessarily the date you apply.    If you meet any of the above criteria apply.  If I forgot one or more, others can chime in.  

    

Edited by broncovet (see edit history)
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I am no one to do the lawyer thing.

But the best advice I can give is get a lawyer that understand smc.

An let them handle the claim.

Because my experience with this smc benefits is all over the place.

I have done good up to smc l&half and that was a year in a half battle.

I have been to the cavc 2 times had to do 2 writs..

An still fighting.

If I would have seen all the changes and new hiring of ppl that don't understand the law.

I would have got a lawyer at the start of the process.

Good luck 

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It's a mandantory regulation that when a Veteran is 100%  and files another claim diffrent & distank (non related) related to his orignial 100% claim.

If the Veteran is approve for another service connected didability  the rateing specialist or DRO is required to add the SMC s OR THE APPROAITE SMC That renders the upgrade to the SMC. and as broncovet mention  100% or TDIU P&T is accepted as a 100% Veteran

Example  A TDIU P&T Veteran files a different claim say 3 /5 years later on a condition that is proved to be service related   (say PTSD) AND HIS FIRST ORIGAINAL CALIM WAS FOR  BAD HEARING  OR LUNG DESEASE AND HE WAS AWAARED THE 100%   OR OTHER THAT HE WAS AWARDED TDIU BECAUSE HE COULD NOT WORK OR DO THE JOB HE WAS TRAINED TO DO,The PTSD claim would be different  from his origainal claim,   this is what SMC IS FOR TO BOOST THE VETERAN COMPENSATION   its called Special Monthly Compensation (SMC)  AND THERE ARE DIFFERENT TERS FOR THE S.M.C. Depending on the serverity of his condition/conditions

As broncovet mention the s.c. new and different condition  the Veteran files for later needs to be rated at 60% or above.

The rating specialist have a SMC Manual they use to determine this.

A Lot of times the rating specialst don't catch this  so its very important the Veteran him/her self stay on top of theses CFR's and VA Guidlines For each service connected condition he has.  All compensation claims must be service related  to be service conneted for the condition the Veteran files for.

Educate yourself and learn how the VA System works(READ UP ON THE CFR's)   don't let the VA SHORT CHANGE YOU.  ...BECAUSE THEY WILL  IF THEY CAN GET AWAY WITH IT.

Also make sure you read your award letter paying attetion to the dates  make sure you get what you have the right  amount you got coming to you.

Edited by Buck52 (see edit history)
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SMC is reserved for veterans that have suffered certain severe disabilities, severely disabled veterans who are housebound, or in need of regular aid and attendance or daily healthcare services. This can include issues like Traumatic Brain Injuries, amputations, loss of use of body parts, and much much more

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23 hours ago, Lemuel said:

I have not looked into SMC yet.  Do not know if I qualify.  I am finding that I do not quite qualify for caregiver qualified monetary support by get things like bathroom supports installed.  Did not apply for but may have gotten the electric bed with the incline I need to sleep.  Spent a year in sleeping in a recliner before getting the king size split electric bed with hospital like head and foot adjustments plus a vibrator to prevent bed sores when I spend a lot of time in bed like when I fractured my kneecap from a fall last year.

Would appreciate a reference to a question raised on the subject.  If none I will ask my own question.

Smc will be granted once they punch your disability grants in the system.

Thats if you qualify.

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Get a lawyer there are to many ways to smc.

Or educated your self

Or you can hope that the VA follow the law an grant it.

They didn't Grant it for me I had to apply 

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A law firm "is not permitted" to represent you until you have been denied.  So, before calling a lawyer, go ahead and apply for SMC that you think you may qualify for.  Then, if denied, you can get a lawyer to help you.  

Lawyers dont help Vets apply for benefits, they help them with appeals.    

Source:

https://www.military.com/militaryadvantage/2018/10/22/should-you-hire-lawyer-file-va-disability-claim.html

Thus, attorney representation is not needed until/unless you are denied benefits.  

Its called "pension poaching".  Its when lawyers help Vets "get their pension" when a VSO can do the same for free.  Its unethical and lawyers can not get paid until/unless you have at least one denial first. 

 

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The VA does not always grant veterans the maximum benefits allowed including SMC ratings, which forces veterans to file a claim and or an appeal for it. See Buie V Shinseki 24 Vet. App. 242, 250 (2010). Since this is a Precedential Decision, you can bet that the VA has not been properly awarding veterans SMC ratings. 

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