Am I eligible for SMC(T)?

[El Train]

On 12/30/2022 at 6:44 PM, Cbski76 said:

 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. 

That is a lot for a 'main point'.  I'm not saying it's impossible to get SMC-T.  I mean it would take a raters error for him to get it.  That's a stretch at best.  He doesn't rate smc-t.  He has to be in constant nursing home care with 24/7 care.  Not his wife at home.  Working on top of that?  I mean I looked into it myself, but I'm only at 70% tbi.  Ain't gonna happen.  We're on here posting with a some logical thought process.  A person that rates smc-t shouldn't be able to do that.  

[Jim Radogna]

SMC-T is extremely difficult to qualify for.

The regulation 38 CFR 3.350(j) states "The special monthly compensation provided by 38 U.S.C. 1114(t) is payable to
a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under 38 U.S.C. 1114(r)(2), and in the absence of such regular aid and
attendance would require hospitalization, nursing home care, or other residential nstitutional care. Determination of this need is subject to the criteria of  38 CFR 3.352."

Further, 38 CFR 3.352 states: "A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(j) in lieu of the regular aid and attendance allowance when all of the following conditions are met:
(i) As a result of service-connected residuals of traumatic brain injury, the veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.
(ii) As a result of service-connected residuals of traumatic brain injury, the veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.
(3) Need for a higher level of care shall be considered to be need for personal health-care services provided on a daily basis in the veteran's home by a person who is licensed to provide such services or who provides such services under the regular supervision of a licensed health-care professional.Personal health-care services include (but are not limited to) such services as physical therapy, administration of injections, placement of indwelling catheters, and the changing of sterile dressings, or like functions which require professional health-care training or the regular supervision of a trained health-care professional to perform. A licensed health-care professional includes (but is not limited to) a doctor of medicine or osteopathy, a registered nurse, a licensed practical nurse, or a physical therapist licensed to practice by a State or political subdivision thereof."

In order to qualify for SMC-T, you may want to first try and get your 40% TBI rating increased to 100%. Then, seek a medical opinion from a doctor who opines that you meet the criteria stated above in the regulations. Best of luck to you!

 

 

 

 

[Cavscout1977]

I don't think  your looking for SMC T, what I think your looking for is your mother being your caregiver. Which is different. What I find odd is Employability. You could apply for the CAREGIVER PROGRAM but I do not think you will be approved since you have the capability to work. You would have to show you have a caregiver at work as well. Which creates another issue this program pays to the caregiver directly (unless your mother goes to work with you). Not to the VET. 

What is your R rating? 

[jamescripps2]

The requirements for SMC T have not been met. The reason for the granting of the T award rest soley upon the TBI. All other conditions and disabilities are not considered. Also, expect no caregiver benefits while working.

[Mr cue]

I don't see any where we're it stated that a veteran has to have a 100 percent rating for tbi to get approved.

 

So I would apply for smc benefits TBI and stated that you are not applying for and increase rating.

Unless you are a applying for the increase.

Because yes the VA will try an open all your disability for an increase.

They did it to me.

My disclaimer I am not a veteran agent an am not acting like one.

[jamescripps2]

12 minutes ago, Mr cue said:

I don't see any where we're it stated that a veteran has to have a 100 percent rating for tbi to get approved.

 

 

First of all, I don't think that anybody has posted that there is a requirement for the TBI to be rated at 100% in order to apply for SMC "T". Second, One has to meet the requrements of regular A&A before SMC "T" can even be considered. Third, the OP says that he is still working, Fourth,The OP says that he only needs assistance, "most days".

Exerpt from 38 CFR 3.352

(2) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(j) in lieu of the regular aid and attendance allowance when all of the following conditions are met:

(i) As a result of service-connected residuals of traumatic brain injury, the veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.

(ii) As a result of service-connected residuals of traumatic brain injury, the veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.