SMC QUESTION

[ltate90]

If you receive SMC L 1/2 PLUS SMC K, do you automatically qualify for SMC P?

[broncovet]

Im gonna give you my best answer, but be forewarned:  My best is not always the right answer.  To be sure, you should check with a competent law firm such as CCK law firm.  

So, here is my 2 cents:

Quote

I doubt that it would be "automatic", first of all.  The only thing I have ever seen "automatic" at Va is automatic delays and denials.  Those can happen without any intervention from anyone.  

Next, I did review the SMC rate tables and I noticed that SMC K is about $132 per month, while the difference between L and L1/2 is about $240 per month.  And, I have never seen VA hand out an extra $108 per month for any reason in all my life.  

I also reviewed the regulations, too.  https://www.law.cornell.edu/cfr/text/38/3.350. While Im not competent to interpret legalease,  it does sound like you can have multiple K's for multiple loss of use (hand, foot, buttocks, crative organ, etc), but it may take 2 K's  to proceed to the next half step, but IDK about that one, the language is more than a little confusing.  Im hoping JamesCripps can chime in here, he made it to what was it, R2?  He had to have it figured out to get there!  

 

[broncovet]

Congratulations.  Its my opinion that your odds are very good, just because you have been accepted by cck law as I will explain. 

I dont know anyone who has gotten SMC T. (BUT DONT GO BY MY LIMITED INFORMATION!)  I heard through the grapevine "T" is not awarded anymore.  Did cck law suggest you could get T?  If so, I stand corrected.  They are obviously more up on the regulation changes than I am.  

However, I do know your odds are great for some retro, because CCK law is not in the business of working for free, and they dont get paid until you get paid.  And, they know way, way, way more about SMC than I ever will.  In the past, its been my experince, that they dont recommend "applying for a rating of 80 percent" for example, but instead, suggest Vets apply for the maximum.  That, would also apply to SMC, so my guess would be cck law would be seeking the max allowed by law.  

Therefore, I doubt that cck would make a business decision to represent you unless they felt there was a good chance, aka 70% or better, of getting you retro.  Since I have never seen your c and p exam, and they have reviewed your file, they are also in a way better position to guess the level you may be looking for.  R2, I think, is the highest level, and Im not sure if you would qualify for that, or not.  It may be more realistic to look for SMC R1 but I have no idea, its just a completely unsubstantiated guess.  Again, tho, they must think you should be eligible for retro, or they would decline to represent you, as they have to pay employees and the bills also, to keep their doors open, which they have succeeded in doing for a long long time.  

Edited February 15 by broncovet

[Lemuel]

Where SMC-T (paid at R2) stands now. Haskell V McDonough with Laska V McDonough substituted.  Decision is still not in.  Pay attention to VA GC argument at about 58 minutes.  Taking a long time for the decision.  T is probably on hold for the decision.

Video of CAVC hearing:  Bing Videos

[Lemuel]

Sorry, the time is from 51 minutes to end at over 58 minutes.  About 7 minutes.

Mr. Haskell had a more severe situation than I have except for my epilepsy treatment.  But in a way they are the same.  Both of us are only as good as our worst day.  And how we were varied day to day.

According to the VA GC's reading of the statute, I would rate R2 because of my care being supervised by a Nurse, especially the medication dispensing.  But Haskell would not because, though the medication was prescribed, his wife controlled it without direct medical supervision. 

My nurse fills a dispenser once a week that has an alarm, will only dispense the medication for that time, and will move past the medication for that time after a few minutes so that the medication is not taken too close together. She also writes consults for physical therapy and occupational therapy, orders medication, etc.

So, the level of care given depended more upon the ability of the caregiver than the disability of the patient.  My worry is that I will get SMC-T paid at R2 and my case will become cited and inequitable to other more needy recipients of R2 causing the SMC-T to be even harder to get for those who really need it badly to pay for the extra help they need.  It is grueling from the caregiver without relief and all of the needs are not covered by PCAFC.

[broncovet]

I messed up.  The OP asked about SMC L1/2 plus K.  Then, I permitted the thread to go into SmC T, A DIFFERENT TOPIC.  Its my fault, I did not notice it until now.  To keep the confusion down, Im gonna move this to a new topic, so you may be able to get better answer's Lemeul, and, likewise, so other's may chime in on the original topic of L1/2 plus K.  My fault.  I should have caught this earlier.  

[Lemuel]

Thanks