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Am I eligible for SMC(T)?

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I am 100% P&T for a variety of conditions (40% TBI, 50% migraines, 50% PTSD, and knee bilateral 20%, etc). My TBI rating should be much higher than 40% but I was always afraid to protest it or try for a higher rating because I have already been awarded 100% P&T so there was no need for me to protest it and I didn’t want to take the risk of getting a other conditions evaluated and rated lower like knee etc. 
 

but then I just learned about SMC (T) and I believe I am qualified. I cannot manage my finances, I have memory loss and gave to keep a journal, my mother has to care for me to help with preparing meals, my mother has to manage my finances for me, she has to help me with using the bathroom etc.  This is all from my gradual loss of cognitive function over the years since I had multiple TBI’s in 2012 and 2013. I was honorably discharged from the Marines in 2014 and was awarded 100% temporary, which was converted to 100% P&T in 2021. I still have a job though so I am not housebound, but I do require aid and assistance by a family member at home most days, I still have a job while being 100% P&T. 

Would I qualify for SMC(T)?  Is there a risk of other conditions (like knee etc) being reviewed for a new C&P if I file a claim for SMC(T) even if I am already 100% P&T?

Edited by Usmcvet1996
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  • HadIt.com Elder

The only way you will find out is to file a claim for "T".  There are people here on Hadit who are 100% who work full time. What does "T" mean as far as a disability.  I don't know what "T" SMC is exactly.  With all your problems how do you manage to work full time, or do you?  Working is probably good for you if you can still swing it.  When I used to go for C&P exams for an increase the first thing the doctor would ask me is "Are you working?".  I would not let fear stop me from claiming T.  Probably the worst they can do is just deny it.  I doubt they will try and decrease your ratings. I have been P&T for 20 years and filed numerous claims since then.  I just filed a new one a few months ago.

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My take is you first have to have a need for aid & attendance.

If you working I don't think It would be granted I could be wrong.

I believe if you had or were to show the need of help under smc l would be the start point 

Will they open your other condition yes they will try. They open my 20 year rating. When I apply for smc benefits.

Because I feel they weren't granted .

I have seen them do it for other veterans to.

Me I withdraw the increase rating claims they open. An explain I apply for smc benefits not a increase rating.

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You're not going to get 'T' granted.  You have to be in a care facility pretty much bedridden with 24/7 care..  Pretty much a vegetive state from what I understand (can't speak, feeding tubes, drooling, etc.).  It's not an easy grant.  You're working; probably an instant disqualification.  I mean you can try, but then you're opening all your other claims to a possible review.

BTW, they awarded me 70% tbi, and 100% ptsd.  Combined both for 100% ptsd with tbi symptoms.  Fairly odd when they give you two separate ratings and not combine tbi with ptsd since they have so many overlapping symptoms.  I still work, albeit in a sheltered work environment (family biz).  Otherwise, I'm unemployable.

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Eligibility for SMC-T requires that the Veteran be in need of nursing home care, residential institutional care without in-home aid and attendance services, or even hospitalization for their TBI.Jun 26, 2022 Hill and Ponton

VA SMC (t) for TBI

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Good evening. I was just reading through this post and I am 100% P&T with a SMC rating. I was rated at 90% when I first retired from the US Army back in 2017. A few days after my official retirement date I had a cardiac arrest. Think I was relaxing too much. LOL. I was already working another job as a regional environmental health and safety manager for a wind turbine company. Half the doctors wanted to put a defibrillator/pace maker in me wnd the other half did not think it was a good idea. I wanted a second opinion and my regular civilian doctor said we should pass on it. So i did not have one installed. A year and a half later I had another cardiac arrest. Before they woke me from being out, they went ahead with my wife's permission and installed a AICD (defibrillator). I was allowed to return to work 3 weeks later. I filed another claim to see if the VA would handle it. They found something in my records that dealt with my heart from years ago during a flight physical. So because I had a defibrillator in that itself is 100% and because I was already over 60% with all my other issues they gave me the SMC rating. The guy that was helping me with my claims said that the main thing for me getting that SMC rating was that 1 disability at 100% and then already having over 60% on all other issues. Only thing I was mad about is I had plantar fancitis from the military and had surgery on it during the time I was on active duty. Could not run anymore because of me going flat footed. Was originally given 30% for that. During a C&P exam for my foot, way after I was given the 100% SMC rating, a civilian doctor said I was much improved and the VA knocked my rating for that down to 10%. Still did not bring my other ratings below the 60%. I also have severe sleep apnea which is 50% and a bunch of other physical issues. I have had a total of 13 cardiac arrests. After the last one the cardiologist went in and burned the nerves on the outside and inside of my heart that control the electrical signals that make your heart run. Now my pace maker controls all of that. Been 2 years today since my surgery. Been doing good since then. I still work but I have a at home job where I can travel when needed but spend most of the time in my home office. Main point of my post is that a SMC level can be obtained while you are still able to work but you have to have the right percentages in your favor. 

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