Aid & Attendance SMC-R1 level

[Lonniebrinson]

My current rating is SMC-P2 = smc-m, (LOU both feet and 100% bowel incontinence)  My bowel incontinence is separate and distinct from my LOU both feet. Can I filed for A&A on my other disabilities.

1. 100% Bowel incontinence

2. 30% Pelvis 

3. 10% L/R residual wrists

4. 50% PTSD

Note: I also have 60% IVDS and 60% bladder incontinence but I believe those 2 disability are not distinct from my LOU of both feet. 

[Mr cue]

Yes but the VA will fight it tooth and nail.

Long as your aid& attendance address both issues.

Example In my my name in home care plan is for socializing and medicine remainder that is for my mental health

The get dress help bathing etc would be for my physical condition.

I had a dro hearing and was send to mental health comp exam to see if my mental health effect my adl. Favorable exam.

It been 4 years try to get the VA to address it.

There are post on hadit about this with great info on how to attack it.

 

[jamescripps2]

You conceded that your IDVS and 60% blatter incontinence are related to your loss of use of feet.

You are going to need A&A to be granted for an unrelated condition, seperate and distinct from the loss of use of feet. The ideal situation would be that the unrelated condition being advanced for the need of A&A be rated at 100%.

You might look at filing for an increase on the PTSD for use in applying for the A&A.

It would be a long shot, but you could fall back on 38 CFR 3.351 (c) (3). That route would send your A&A decision up to Washington to the Director of Compensation and Pension for a ruling on an extraschedular rating.

If you can be granted A&A, considering that you already have SMC "L" for loss of use of feet, then you would advance to the maximum rate of SMC"O". SMC "O" is a prerequsite for the "R-1" rating. When you are awarded the "O" your "L" rating automatically advances to the "R-1".

Under certian circumstances the 100% could be used as the basis of the need of A&A. Another discussion!

Complicated!

[Mr cue]

8 hours ago, Lonniebrinson said:

100% Bowel incontinence

2. 30% Pelvis 

3. 10% L/R residual wrists

4. 50% PTSD

Like I example you before 

 

2 hours ago, jamescripps2 said:

You are going to need A&A to be granted for an unrelated condition, seperate and distinct from the loss of use of feet. The ideal situation would be that the unrelated condition being advanced for the need of A&A be rated at 100%.

You might look at filing for an increase on the PTSD for use in applying for the A&A.

Why would the veterans have to need or open there disability up to apply for smc benefits.

You don't have to have a 100 percent disability to apply for a&a. This has been address on hadit.

My conditions are not 100 percent and I got smc l and half.

Only thing I see is apply for smc benefits for the mental health and if you receive in home care plan look at it to see what service are been provided. This would be evidence 

If you are in the va care giver program if the mental health is address there that is evidence.

Like I say they will send the veteran to a aid and attendance Comp exam for the mental health to see if it effects your ADL.

Do allow them to reopen or act like you are applying for increase rating. It will open a whole can of worms.

I apply for smc benefits and they open increase rating for all my disability I withdraw the claims.

If you are applying for an increase fine but do let the VA do it.

My opinion 

My disclaimer 

I am not a accredited VA agents an am not acting like one. 

 

[jamescripps2]

28 minutes ago, Mr cue said:

Like I example you before 

Why would the veterans have to need or open there disability up to apply for smc benefits.

You don't have to have a 100 percent disability to apply for a&a. This has been address on hadit.

 

 

If you re read my post, I stated, "The ideal situation would be that the unrelated condition being advanced for the need of A&A be rated at 100%".

I did not say that the condition used to apply for A&A needed to be 100%.