Question:
Jim,
I am currently rated 100% disabled...Permanent and Total by the the VA for Heart Disease; however, am not assigned an "Individual Unemployable" rating. I am in the process of securing Vocational Rehabilitation.
That said, I have 5 other service connected disabilities...one rated 30% and the other 4 issues are rated at Zero Percent.
How would I qualify for Special Montly Compensation Benefits? I heard through the rumor mill that if one has a disability rating of 100% and another separate unrelated disability totaling 60%, or a combination totalling 60%, they would qualify for the lowest SMC "S" rating...about $300.
Answer:
The rumor mill certainly keeps me busy!
SMC is a tough benefit. I generally think of it in terms of "loss". As in; loss of use of a limb, or; loss of use of a muscle group, or; loss of a creative organ (testicle, ovary, etc.)
For example, a guy who has a 100% service connected cardiovascular disease may have a stroke. If the stroke causes him to lose use of an arm and/or a leg, he will qualify for SMC.
Having said that, SMC is often used in the same breath as Aid and Attendance. A & A is achieved when the veteran is for all practical purposes, homebound and/or bedridden.
If you're able to pursue voc rehab, I'd guess you're a ways away from qualifying.
Here are some links to look at and read.
Take a look at those and get back with any questions you may have.
Jim Strickland's Mailbag: Volume #38 for 2008
NOTE: Letters in my mailbag are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.
05.23.08
Question:
Jim,
Your article http://vawatchdog.org/08/nf08/nfMAY08/nf051908-4.htm was right on the money.
I was a DAV volunteer Service Officers for years before I was required to attend the Service Officers Class. By the time I went to class I knew more that the instructor.
I do not volunteer anymore, because my time is more valuable to me now as I age, but also because I was so tired of capable adults whining that the VA was out to screw them.
Like Jim Strickland I was so tired of service officers who acted like they knew what they were doing but had little results to prove there knowledge.
Last year (Mar 2007) I wrote you a note concerning your advise about writing a letter for the Doctor to sign, my doctor was very responsive to this idea, and when I presented it to him he had it copied to VA letterhead, signed it and even completed the VA exam form for aid/attendance without my asking for the form to be completed. It took a little time but that letter was the result of my being awarded Aid and Attendance this last Friday.
Like you advise I do all my own claim work and as a result I have gone from 30-50-70-90-TDIU-100% with K awards and now aid and attendance. Along the way I was awarded the clothing allowance, adaptive housing grant and the auto grant with adaptive equipment. There is no way any service officer was going to do what I did to get me what I had earned.
Thank you for your daily VA watchdog entries , and thank Larry for his great input you both are great Americans, and I would share my foxhole with either one of you.
Answer:
I could not possibly be more grateful for your email. Every time I write about service officers, my email delivers some unkind words for a few days. I have no doubts that I'm right but it's really good to hear it said as eloquently as you just said it.
Letters like yours give me the energy to fight on. I can't change the world but if I can help one veteran at a time, I'm satisfied with my place on the planet.
Question:
Jim,
First of all I would like to thank you for being there to answer questions for all veterans.
I am about to submit my first claim for VA Compensation, and I have several questions about the form and process.
1. I see that there is an Online VA Claim form process that is offered by the VA. Is this a good route to follow or should I stick with mailing the paper form in?
2. Should I write out a letter explaining my disabilities and how they occurred, and include this with the Claim?
3. On the Claim form, it asks "What Disability are you claiming?" How do I respond to this? Example: Back Pain, Back Injury, pain in lower back...
Any advice you have to offer would be greatly appreciated. Thanks again for your service.
Answer:
I prefer mailing. Use only certified mail, return receipt requested. No faxing or hand delivery.
Please take a bit of time and read through the archives of my work at VAWatchdog. A link to the archives is on this page. In an hour you'll learn as much or more than some VBA employees!
Yes, you should write a Statement In Support Of Claim.
Find that here:
Keep it brief and to the point. A military style of brevity works very well.
You may address "What disability" in the statement also. If you have a back injury, tell them about the in-service event you believe is the cause. Tell about treatments you've had over time. Give details of how it affects your life; address "activities of daily living" and what you can not accomplish. Be sure to describe pain and sleeplessness from pain, mood changes or irritability due to pain, etc. This is where you want to be very detailed, every word is important. Describe medications you must take, any side effects of medications (nausea, constipation, dizziness, ringing of the ears, blurred vision, etc.)
Look here:
http://www.access.gpo.gov/nara/cfr/waisidx_04/38cfr4_04.html for your issues and describe it in their words.
Look here:
http://www.vba.va.gov/bln/21/Benefits/exams/index.htm to see what your exam will consist of.
Finally, have a look here:
http://www.warms.vba.va.gov/M21_1MR.html to see the instruction manual used by the rater.
I teach that this initial application is your single best chance to be awarded a high rating with little or no fuss. Do it right the first time to lower the chances of having to appeal endlessly.
