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SMC QUESTION..SMC T

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Lemuel

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What do you think the odds are that I will get SMC-T awarded by the BVA, Bronco?

Laska (in for Haskell) v McDonough has not been decided yet.

CCK seems to be taking SMC cases.  I just sent my signed fee agreement to them yesterday.  I think I may qualify for SMC-T.  Was denied SMC period by the AOJ on January 22, 2024.

Have a nurse supervising my care and medications, including filling the medication dispenser once a week.  She also ordered community care occupational therapy and physical therapy.  Will get her help to get housekeeping, possibly from the senior center and someone to cook a meal on weekends. Need watching because I take a seizure medication.  Working on PCAFC.  My sister has set up cameras so that she can observe me as I move about the house on her cell phone.  She will also supervise everything and is doing my weekend meals.

Without these services, I would have to go to a nursing home for safety reasons primarily.  But also need help getting dressed.  Cannot put my diaper on by myself or pull over T-shirts or pull overs of any kind.  Back into my house coat hung on the back of my high backed reclining wheelchair. 

 

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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 51 to 58 minutes.  Taking a long time for the decision.  T is probably on hold for the decision.  And the nature of the case makes the CAVC want to do it well because likely the Secretary or the Appellant, Ms. Laska will appeal to the CAFC.  It is more in their jurisdiction to order a change of a regulation to meet the code.

Video of CAVC hearing:  Bing Videos 

Rattler posted this video earlier.  When I saw it I realized I qualified for SMC-T per the VA Counsel for the Secretary Appellee.  The difference between me and Haskell is that he was worse and probably needed the medication supervision but because his wife was capable the VA did not provide it.  I got it because my wife fell and fractured her skull causing her to be unable to do it. 

Medication supervision was ordered for me in July of 2023 but the Social Worker blocked the nurse who was supervising my directed care (aid and attendance) was not granted the job to do that.  So here is a case of an unqualified person medically, determining what should be done medically.  Both qualifications and professionalism are important.  This CAFC just posted and was remanded to go back to the BVA to order more professional fact finding medical reports.  23-1090: STINSON v. MCDONOUGH [OPINION], Precedential

This is a must for anyone who is in this position.  Especially if you have a lot of meds or critical meds or a lot of pain meds.  Your caregiver must demand it.  Ms Laska did not.  I know personally another veteran whose wife is blocking the way because she wants to do everything for her husband.  Not only is it not in his best interest, but it is draining just taking on that responsibility.  

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