Am I eligible for SMC(T)?

[Mr cue]

51 minutes ago, jamescripps2 said:

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.

Were does it state veteran can't be working and get a&a.

I think the poster stated his mom handles his VA payment helps them get dress daily its in his record. I would think 

So that means the VA understand stand the veteran has problems.

It just seem ppl are put more into the rules on smc than there is 

No where does it state you can't get smc benefits if you are working. I would like to see it.

The VA fought against tdiu veterans that can't work to get smc benefits.

Where tdiu had the same respect as 100 percent veteran for smc purpose. Case.

51 minutes ago, jamescripps2 said:

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

If a veteran has a payee this has to be rule on by VA right is that saying the veteran isn't competent. Not sure how that works.

If a veteran needs help get dress daily. One requirements for smc l

An you do have to have all the listed thing to get a&a. Smc L

This is all my opinion. An my understanding of smc l which I receive.

An learn about on hadit look up former member and other older post on hadit.

He fought many smc r and t Cases for veterans an was the hadit family experience smc benefits person.

An he is accredited agent at the cavc and bva . 

Disclaimer I am not a veteran agent and am not acting like one 

 

 

Edited February 3, 2023 by Mr cue

[jamescripps2]

Well Mr Cue, I give up, I suppose I don't know anything about what I am talking about.

[Mr cue]

I never stated that I ask a ?

were did you see it stated that a veteran has to not be working to get smc benefits.

I could be wrong.

An ask were it is stated a veteran has to have a 100 rating to get a&a or smc t.

I am try to educate myself smc maybe I am wrong about it.

If there is  a law that is stating this I would like to see it so I can stop telling veterans they don't need 100% rating to apply.

An I just be going my experience ify applying and get smc benefits.

I was not saying that you don't understand smc. I simple ask a ?

Were I can find that info 

Disclaimer I am not a veteran agent and am not acting like one.

 

 

 

[jamescripps2]

FYI, Former Member, Alex Grham, whom I consider a good friend of mine is the guru on the higher levels of smc. If it were not for Alex and his knowledge, I strongly doubt that I would be a "R-2" veteran.

There is no question, and it is not disputed, the fact that a veteran does not need a 100% disability as the basis to apply for A&A, and there never has been, but if the award happens to be 100% the veteran is certainly going to have a easier time of applying and being granted A&A.

This is about as close as I can find on the granting of A&A while employed. It actually applies to pention A&A but I suspect it would hold true for any case of a veteran working and drawing for A&A at the same time.

IX.ii.2.C.1.h.  Future Employment and A&A3) 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.

Pension beneficiaries are required to inform the VA if there is a change in any condition affecting their right to continued payments.  If a beneficiary who is receiving A&A by rating obtains employment, the rating activity should review the claim to determine whether the beneficiary still meets the statutory and regulatory requirements for A&A.  If the requirements are no longer met, follow the procedures in M21-1, Part X, Subpart ii, 4.A.5.    Note:  Participation in a program of Compensated Work Therapy (CWT) alone does not affect VA pension, however, if a Veteran obtains employment following a CWT program, this would suggest that he/she may no longer qualify for A&A.    Applying for SMC "T" while employed would be inconsistent with the requirements at 38 CFR 3.350 (2) (i)   If what I have presented here is not adequate, then you show me where it does state that a veteran can work and receive A&A at the "T" level at the same time.   I suspect that a case like this would be denied and fought all the way to the Federal Circuit Court and back, who knows?

[Mr cue]

You maybe right who really no.

But I don't think pension based a&a which is income based would be used to address regular a&a two different programs. An working.

This i believe is a ? That me or you really can't answer because I can't find a law either that address working with regular a&a.. so I will leave it there.

As far as former member I am not a personal friend I just follow his old post on hadit.

An learn my way and the law. I still use some of his advice as fight for my smc r.

Glad you were able to get the r1 may I ask how long you had to fight.

An which way you got it was it two smc l or other way. 

I believe a smc KL and M also gets the smc o.

 

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

Edited February 3, 2023 by Mr cue

[jamescripps2]

I was assigned loss of use of two feet in 2011. I was assigned SMC L for A&A back in in 2016. That gave me two L awards that advanced me to the R-1. In 2020 I had a major medical issue and was awarded R-2.

So The L to the R-1 took five years. I did that pro se. I also did the R-2 pro se.

Upon being granted R-1 back to 2016, I then appealed for an eed back to 2011. After consulting with Former Member, Alex Grham, I used the CCK law firm and that went up to the CAVC, was remanded back to the BVA and again remanded back to the RO where I won ten years eed back to 2011 with a supplemental claim decision in February 2022.

I have an ongoing appeal now for ten years eed for the R-2.

Mr Cue, you follow the advice of Former Member and you won't go wrong.

Fight on and never give up my friend!