Aid and Attendance/SMC

[Blessedmom]

Hi Everyone,

I'm not sure if I posted in right place or not, but I have a question and need guidance.

I was rated 50% migraines for about roughly 20 years. I have 70% (I think adjustment disorder) 90% TDIU P and T unemployability.

I was recently diagnosed with seziures about 3 years ago and I have complex migraines that act like seziures along with PTSD. My brain is a little messed up.

I have aid and attendance that is about an extra 100 something a month. I have been fighting for VA Caregivers Program. That is still in the works again.  I have executive order disfuctioning including loss of memory, comprehension etc...everything that comes along with that. There is a safety issue where when I am cooking I forget things on the stove while I am cooking (my doctors have it documented) have to have someone with me at all times. I also am not allowed to drive.

I am trying to get SMC. I have read the requirements, but I am not quite understanding. Can you please break it down for me? or should I go for more aid and attendance.

Thank you for your guidance

Edited November 14, 2023 by Blessedmom

[Dustoff1970]

There are 2 types of smc s aid and attendance. You are already receiving one as you say.  You are getting the actual at home a and a. You can only receive one smc s at a time.  The Other smc s is statutory for vets who have a 100% or tdiu rating plus additional ratings of 60% or more.  VA will not pay for 2 smc s to same vet at same time. Both types pay well over $300.00 per month additional.

The at home care giver program is a separate program from SMC-S ratings.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

 

 

Edited November 15, 2023 by Dustoff1970

[Blessedmom]

Hi

Thank you for your response. Let me just make sure I understand correctly. I already have aid and attendance which is a type of SMC. Is that correct? In order for me to receive a higher rating for smc, I have to have TDIU (which I have) plus additional ratings of 60% or more. Can you please explain further? I have TDIU, 70% chronic adjustment disorder and 10% IBS? Do I meet the guidelines?

Thank you

[Dustoff1970]

Both different types of SMC-S pays the same and there is no higher rating or payment than what you are receiving now with the at home housebound SMC-S1.

The other SMC-S2 is as stated for those with the 100% rating plus additional ratings of at least 60% and both S1 and S2 pay the same amount of additional monthly dollars.

You qualify (evidently) for both types of SMC-S but again the VA will pay you only for the one you are now receiving. 

If you apply for the VA Care giver program then this is administered by the VA Health Care hospital system whereas the SMC ratings are administered by the VA Benefits System thru VA Regional Offices raters.

You should seek the advice and assistance of an experienced VSO officer found at VA regional offices.  Their services are free to vets.

The DAV, VFW, AMVETS, PVA, etc all have VSOs.

My comment is not legal advice as I am not a lawyer, paralegal or VSO

[Blessedmom]

Okay. I understand now.

Thank you

[broncovet]

Aid and attendance, is called SMC L (not smc s).  There are, however, different levels

of aid and attendance, with different care needs.  The higher levels mostly are related to 

whether or not you need a registered nurse for your health care.  Some people do, others do not. 

YOu can apply, and get more information, as well as the downloadable form, here:

https://www.va.gov/find-forms/about-form-21-2680/

A single Veteran, with SMC L will get $4506.84 per month.  (Yes, this includes the "regular" 100 percent 

compensation, it is not "in addition" to the 100 percent you already get). 

If you have a spouse or dependents , look here: https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/

Significantly, if you do need A and A, you can still get compensation "even if" the care is given to you by a family member.  

More on criteria for aid and attendance is here:

https://www.law.cornell.edu/cfr/text/38/3.352

I highly suggest you check the links I have included, above, for the most accurate information as it applies to your particular situation.  

 

 

Edited November 15, 2023 by broncovet

[Dustoff1970]

Very good info Broncovet and thanks for the correction.  I confused SMC-S housebound with A&A.  My bad.  I am glad others fact check me.