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

[broncovet]

Dustoff, you are not alone.  The form  (21-2680) for applying for aid and attendance "is also" the same form for SMC S housebound (housebound in fact).  When you fill out this form, it almost certainly will trigger a c and p exam to determine if you meet the medical criteria for A and A (or, housebound in fact, which is on the same form).  

Even worse:  There are at least 2 A and A's..one for pension, another for compensation.  To complicate matters further, as I explained, there are different levels of A and A, which largely depend on the "level of care you need".  

   If you need a nurse, to do stuff like IV's, then you likely qualify for a higher level of A and A.  While you need a nurse for a lot of medical stuff, almost anyone can feed, tie other's shoes, or run errands for someone needing a and A.  

   Its my opinion that SMC is "probably the least understood" portion of VA benefits.  Many lawyers dont even want to go there.  

   It probably would take most people years to fully understand SMC, and, I am not one of the them who fully understand it.  

   CCK law may be the most knowledgeable on SMC.  As a service, CCK law provides videos and articles which help explain extremely complicated SMC.    As an example:

https://cck-law.com/blog/aid-and-attendance-benefits/

   I highly suggest the OP to check with CCK law information posted above, as well as the other links I provided.  

   My explanations are vastly inferior to CCK law's explanations, so rely upon them, not my explanations.  CCK law's are much more detailed, specific, and accurate, than mine.  

 

Edited November 15, 2023 by broncovet

[Dustoff1970]

Thanks for that bro.  I think many but not all VSOs are also confused by the chicken chit VA rules on A&A, SMC, etc.  Like many other government rules and agencies the system is deliberately made complicated forcing vets to rely on attorneys and VSOs to file involved claims.   The people who of course write the laws, rules, regs are attorneys and lifer bureaucrats.  Nothing has and never changes. 

I spent literary years learning and researching in law libraries, law books, and bva and court cases about how to successfully file claims and appeals myself but the above A&A with different types of SMCs are beyond me.  I did enjoy learning and hanging out at university law libraries.  Like you said think of it as a career move.

 

[Blessedmom]

Thank you both. I did watch one of the videos from the law firm suggested and I will look at the rest. If you have guys have a hard time understanding, I know it will be very hard for me. They really make it hard to receive help. If I have my civilian doctor fill out the form, 21-2680 will that help. He's been helping me try to get help. He said I could've burnt the house.  

[Dustoff1970]

Yes he can be of great assist in filling out the form and also additionally writing a diagnosis medical opinion stating you are in need of a nurse or non nurse care giver full or part time plus continued aid and attendance, etc.  His written detailed letter and filled out form is considered positive favorable medical evidence for your claim and especially if you have to appeal a denial from VA.   Keep copies of everything and send only extra copies of this and all your evidence with a claim and/or appeal.

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

[Blessedmom]

Thank you both. I just came from my VSO and he gave me some wrong details. He said that SMC-L would be addition to your regular disability payment. I need to go and do more research and have my doctor fill out the paperwork. 

Thank you

[broncovet]

Your VSO was "sort of" correct.  Here are the numbers:

100 percent single Veteran $3621.95

100 percent Single vet With SMC L $4506.84. 

This means the "net increase" is the difference between the two numbers, above or $884.89 additional for SMC L.    That is, if awarded SMC L, you will get an additional $884.89 per month "over and above" your 100 percent (that is, in addition to 100 percent).  But the rate tables dont really show how much SMC L, is you have to subtract the 100 percent from the rate given in the tables.  

The SMC rate tables "include" the 100 percent, you dont get 4506.84 for SMC L plus an additional $3621.95.  One or the other.  

But, yes, SMC L "is in addition" to 100 percent..about$884 more.  If its any consolation, I was confused about it at first, also.  

There are still people in the VA or elsewhere who think 100 percent is the maximum compensation you can get.  Its not.  You can go all the way up to SMC R2 which is 10,365.53 per month.  

All of these numbers will be increasing 3.2% beginning with the Jan. 1, 2024 check.  

SMC rate tables, are here: https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/. They also explain, somewhat, how to figure out yours, with dependents.  

SMC K, is an exception.  K is "in addition to" your 100 percent.  Its an additional $128.62 per month if awarded.  

Dont ask me why the SMC is given "not including" your 100 percent, while the other SMC's include your 100 percent.