Do You Qualify for These Traumatic Brain Injury SMC Benefits?
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- Опубликовано: 21 сен 2024
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Carol Ponton - Founding Partner
Matthew Hill - Managing Partner
My experiance; VA regional fought SMC (t) all the way to BVA. Once it is before a judge and said judge deems you eligible, then you get it.
Ridiculous to make someone go through all that of all the evidence is there
I had mine go clear to the VA's Supreme Court, but got it. It took attorneys to beat the BVA.
@@trinityregard634 My case required an attorney too. As it turned out, it came down to interpretation of law and not simply opinion from the regional office. I’m glad you got the benefits you deserve. Hang in there
Do you mean a VLJ from the BVA Or a Single Judge at the Court\CAVC?
I HAD "Two SEVERE TBI's" BEFORE Age Ten! Both the Selective Service whom "DRAFTED" moi in August 1966 And The USMC whom Accepted
My Enlistment Later in 1966, were Guilty of (minimumally) Malfeasance or Worse, as my Childhood Record was theirs, unless not read or destroyed..I came to them Pro Se (Only disabled albeit misguided by severe patriotism) without any objective, informed Adult Rep! ie; They
Contracted with a disabled Recruit! Shame, shame!
@@metalarteestsliger9321Yes! Regional Opinion Solely!
God bless you guys for your time, effort, and support for our veterans!
I’m rated at 100% P&T for PTSD and have a 40% rating for Fibromyalgia. My VA doctor is offering aid and attendance, a physical therapists and caregiver. Is this SMC? My pay hasn’t changed.
Thanks for helping all the Veterans you serve 😊
Yes A&A is SMC L
Your doc needs to fill out the Aid and Attendance form for you. You must submit that to VA
I have TBI, l like your videos!
Glad you like them!
Great information, appreciate your knowledge, it's impossible to find detailed information on SMC and the tiers
Im service connected for migraines , would that be considered TBI ? I STILL HAVE PROBLEMS TAKING CARE OF MYSELF
I have PTSD & TBI and they are written in the same paragraph and over to the right side it says 100%. I am newly married and my wife helps me with everything. How should I go about getting the $8500 you talk about. Please tell me step by step?
Im rated 100% PTSD and TBI for being undistinguishable from one another because of symptoms. Migraines 50%. TBI again for 40%. Hyperacusis at 10%. Tinnitus at 10%. Im trying to get to the next step as well.
I have a lawsuit filed with your firm for SMC T, I wish you guys would have talked about secondaries of TBI. Thank you.
Hi George, thank you for your suggestion! I have submitted your suggestion to be talked about in a future video.
@@HillAndPonton Thank you.
@@gbeverlyjr How did it work out?
@@DrewzyTewPaid I won 3 out 4 CUE'S! I have SMC T now! Thanks to H&P+
@@gbeverlyjr That is Awesome. What exactly are Cues?
Amazing video 👍🏼❤️🙏🏽🙌🏼thank you
Hello, I have a purple heart, I did 2 combat tours, one to iraq and one to Afghanistan. Was involved in 2 IED explosions, I'm rated at 100% for PTSD (P&T), I'm also service connected for TBI but was given 0% . Do I need to have a rating of 100% for TBI in order to get SMC T? I live at home with my parents. They take care of me everyday and help me with everything. I have poor memory, headaches, and other residuals related to TBI. Would I qualify for SMC T? Any information helps. Thank you
Notice how these lawyers don't answer your questions hummmm
Need to be eligible for aid and attendance with doctor addendum saying without In home care you would require institutional care
I have it. You have to have a “caretaker” friend or family. Your ptsd with tbi causes your memory looks so you need a “caretaker” to make all your meals because you are prone to leaving the stove on and burning the house down. You need to be reminded to take medicine. You need someone around almost all the time because of your tbi you are prone to wondering places and are forgetful. When you go to the doctor bring your “caretaker” and have them speak for you because your thoughts drift and you start rambling. Start talking about random thing to the doc “like you always do”. You got this kid 😉
Thank you!!
Hello. I appreciate all of your great videos. I am 100% P&T for TBI, PTSD, and Major depressive disorder, and have received back pay, but the claim is still open, and still requesting clarification. Does that mean they are working on my SMC?
God Brotha… hope your doing okay and managing Everything Okay..
I’m currently walking out my Outside Community Care Neurology Appointment not too happy.. but got ordered to take Meds for my Headaches
How did you get both TBI and ptsd? My residuals from my TBI are getting worse. I’m afraid that they will pyramid my ptsd to TBI.
Great video
Hi , I am 100% P&T for Mental Health Combined Conditions and also service connected for 5 other conditions ( including todays added service connection condition which is for Focal Epilepsy 20% only ) . I was denied for in-service head injury (strange that my emergency room record is not found in my records . Can I get SMC for my Focal Epilepsy with 20% being I have 100 % p&t , plus 50% for my left foot degenerative Arthritis ? Thank you for sharing info with so many
Is it mandatory for a veteran to meet this criteria:
“Care Requirements: The Veteran must need nursing home care, residential institutional care without in-home aid, or hospitalization for their TBI.” ?
I’ve been diagnosed with TBI from IED blasts from Afghanistan with the infantry. Throughout the years I ignored my symptoms because mental health was taboo and frowned upon to speak about.
Now, I was diagnosed with depression, anxiety, PTSD, tinnitus, migraines, headaches, temporary memory loss during my drive to work and couldn’t recollect my 30 minute drive.
At work, I have been told by my co-workers I “space out”, difficult with doing simple tasks, confusion, inability to do simple tasks, and randomly become dizzy.
At home, my wife gets frustrated because I forget basic tasks around the house. Locking doors, forgetting keys, driving to a destination and forget where we’re going even with a GPS system. Often times, I feel her frustration because I have a hard time dressing for the weather. I.e. wearing shorts in the middle of winter.
Additionally, the most challenging part is sleep disturbances and have a CPAP machine I use nightly.
Any input and guidance is appreciated. Thank you for what you do on helping veterans out there.
Are you able to represent people in Texas? I have a lot of issues with my va that falls in line with this. Thanks
I was chocked out by a sargeant and lost consciousness while I was asleep when I woke up I had busted my chin on a glass table they rushed me to Robinson Womack hospital on base in Ft Bragg while on active duty but when I submitted for tbi I was denied by VA c and p so how can I get service connected for brain damage?
We are very sorry to hear that. For help filing a claim, it would be best to consult a Veteran's Service Officer or Veteran's Advocacy Group for more information. Thank you.
Jose I was also at Fort Bragg and originally denied as well back in 2006, when I ETSed, for TBI from a car accident, numerous jumps and other things during deployments. The person doing my C&P exam asked me one question..."Do you need help paying your bills?" When I said "No" he ended the exam right there. That was enough for him to decide that there wasn't a problem. It wasn't until 2015 when I submitted another claim that they finally granted me the TBI.
Do an appeal. The VA has recently admitted that they had people conducting exams for TBI that weren't qualified to do so all the way up to 2015.
@@marcusbennette8454 I'm In that's same fight right now, for denied in 2011, and now they said i did have Tbi... my question is they only went 1 month on retro pay, should it not go back to my original denial? Since it was the VAs fault?
@@thegoat3109 We should get backpay. It was found out that the VA was using people that weren't qualified to conduct the C&P exams for the TBI claims so they lowballed or outright denied people's claims. The VA in Winston-Salem here in North Carolina led the pack shitting on the veterans with over 2000 improper claim exams from 2007-2015.
@@thegoat3109 If you are over your 1 year apeal period may I suggest you file a new claim under CUE (clear and unmistakable error)
If u had tbi prior to smc t being passed into law do you get retro active pay from when it was passed into law? Thank you I love your channel very informative for us veterans.
Hill & Ponton thanks a lot for your reply. I don’t quite understand what you meant by “current law”
My ptsd do that to me now!How do you apply for aid and attendance
I'm 100% service connected I applied for tbi but was denied but my brother said I could get brain damage so if I do get brain damage would that qualify me for SMC?
if you have a TBI, that is brain damage. ~ traumatic brain injury implies damage to the brain. SMC (t) is compensation for need of A&A associated with TBI. Clearly you need a diagnosis of TBI first, second you are eligible for A&A too
Do troops with mild TBI meet such a smc code?
My TBI is “mild” however I have secondary disabilities that require constant observation aid and attendance, ie seizure disorder
Is aid and Attendance is better than Care givers??? I am rated at 100% rated and retired US Army
Aide and attendance is u get the Money to pay someone
Care giver the VA pays them
You have to have one of them to get SMC t..
What if my TBI and ptsd are completely different matters? I suffered a TBI/ injury blow to the head and have never been the same since. And my PTSD is from a completely different stressor situation? Would this be two separate claim ratings?
Yes and no. if C&P doc states TBI symptoms can't be differentiated from mental aspect, you receive a TBI rating % separate from the PTSD but they are combined under mental group. if doc notes symptoms are differentiated then it may increase total rating.
I have a quick question, I'm currently receiving TDIU at a 90% total rating and TBI Smc. I have a 70% rating for my TBI. I struggle with simple daily things, my wife is active duty Air Force and we live on base. She has to come home from work sometimes because I'm in so much pain and cant do simple things around the house. She helps me get dressed sometimes when I need her too along with bathing. She helps me do other stuff as well like managing my finances. I really don't think I would make it in life without her. Is this something I would qualify for.
Yo can contact your nearest DAV and ask them that question if you'd like.
Did u apply
Hmm, I wonder with intractable migraine and severe cognitive impairment, about sm-? So hard to do this stuff with impairments
Go to your local DAV or hit me up if u need help
How would you apply for SMC T if you feel you qualify for it and currently on a lower SMC now?
Thank you for your question. I would recommend that you do your research, contact the VA, and be persistent in seeking what you feel you deserve.
I am not able to win my case I need help
My mental health and TBI are rated separate. Each at 70%. Do you have to be 100% for TBI to qualify for SMC-t? I’m at 100% p&t currently.
No, however you must be rated for A&A as the lawyer stated. Your doc must state you require assisted living/nursing care if not for in home A&A. You can not be eligible for SMC RS (2). If however, you are eligible for RS (2), they pay the same. I have seen a recent BVA appeal where the judge ruled only A&A be required. US code reads otherwise and includes higher level of care as I mentioned above.
@@metalarteestsliger9321 Yes, I know you have to eligible for SMC-L before being considered for SMC-T. A general prerequisite for SMC-L is a single 100% rating. 38 CFR 3.350 states for T, you only need regular A&A for residuals of TBI. To clarify, my doctor filled out a 21-2680 and attached an addendum as to why I need it. My VSO submitted all the paperwork. Just waiting for an answer
@@hbk01z87 read further in the code. “In the absence of regular aid and attendance would require hospitalization, nursing care, or other residential institutional care”
@@metalarteestsliger9321 correct. That’s the biggest thing they look for.
@@hbk01z87 If your doc attested to such needs matching US code, you are golden. Be persistent as you may need to fight this all the way through BVA. Hopefully you have no fight and you get it right away. The cost of living with TBI can be extraordinary. I hope this SMC helps brother
You know? Every day is sort of new for me. People don't really get that you don't grow up ever. your kind of stuck where you were when you had a injury brain. Its the dumbest thing ever. I know I have an issue since the VA police mistook me for being high since I could not speak one day and could not get my words out. They said sorry but only after they pushed me to the ground in handcuffs. They sort of realized I was just doing what the doctor told me to do and wait till I was feeling better to drive. And that was in San Jose.
Thing is? I sort of realized I have to pay someone else do things for me. I can handle most stuff but I always forget things. And sometimes Alexa or google is just not enough. Days where I swear I put something on my calendar and then it despairs
You know I have been trying to get my foot looked at for 3 months now and I still forget everyday I need to make an appoitmetn. And then when I start doing it? I forget about it again. And then I often a day later? I have the "OH WAIT! You were suppsoe to do that". And its almost like someone in my head just blanks out a total day or so.
I took notes about getting help with this with the VA, but its been almost 3 years, and I have yet to have anyone from the VA just help me with paperwork. Its horrble dudes.
I keep trying to hope things will get better but they don't seem to be. I called hill and ponton and they said to just get a VOC. And reach otu to them like the DAC or the American Legion.
Anyways. GOod luck for the rest of you. It sucks when you have to do it all on your own. But I sort of got tired of being taken advatage of. Its not like I'm stupid. I notice alot of things. I just seem to have the worst time keeping track of things.
I forogt my medicnce so much I just gave up after a while. You would think your phone would remind you on your clander, but nope. Sigh.. TBIs Of all the things you could end up with.. This sucks the most. You know you have issues. You try to fixx them? And then someonehow you always scew it up. Sucks.
Your not alone..I know the feeling..The worst part for me is having to be reminded and needing help like I'm a baby..it's so annoying..I feel bad for my wife and having to deal with me
Me too. I still work as industrial mechanic believe it or not. It’s becoming unsafe for me. I forget everything. If it wasn’t for union I’d never keep a job. I’m getting to where I communicate poorly because it takes me awhile to figure out what the heck people are talking about.
if my TBI happened 27 years ago, i assume its to late to make a claim? TIA
I suffered a TBI during the Vietnam War in ‘71. 5 years ago I was given a 100% disability for TBI along with SMC. I was tested by two Neurologists and underwent several SCANS. PET-SCAN, MRI to see exactly where the injury in the brain and others I can’t name from forgetting. I’m very forgetful, part of my cognitive issues. To be rated you have to go through these rigorous and thorough testing in the Neurology department of VA PolyTrauma.
It took me decades to finally get myself into the VA system because Vietnam veterans were not well received back then. Many Vietnam Veterans suffered unnecessarily which resulted in many suicides because of the mistrust of the VA system and society as a whole in those days. But VA has changed and improved for the better.
Do it. It’s not too late to get evaluated for TBI
@@benjaminortiz387 , Welcome Home and thank you for your service.
I stopped going to the VA about 10 years ago, but recently started again.
I’m praying the infamous Buddy Letter is enough to prove an incident in time when I got my TBI, because it’s not in my medical file during a deployment.
Thanks for answering my question and I’m happy that you got what you deserved.
Be well, sir.
@fait accompli, thank you for your comment and reply to Johnny!
@Johnny Contreras, best of luck to you with your claim. If you can get buddy statements from multiple people that knew you before and after your in-service TBI incident, you may have better odds.
@@HillAndPonton thank you for that advice.
Thank you for all you do
I am 100% p&t tdiu and aid attendance with a tbi and migraine and neck injury connect sould I be rated at a r1 r2 or even a t?
Hi Robert, we are sorry but we would not be able to advise you on what you should be rated at. However, we do have some great information in our blog that goes over these ratings that I have linked here www.hillandponton.com/va-evaluates-traumatic-brain-injuries-compensation/
Most likely S1 or S2 for TBI.
I got SMC S1 for TBI and my pay isn’t close to $8000. It is half that. It says it’s $3800 or so. But it is not added to your already 💯
👍🏾
This is old its over 10k a month now
It’s $9535 for no dependents
@@hbk01z87 no its 10k look again mf
@@jaxripper251 I’m literally looking at VA’s website right now. 2022’s is $9535.16 per month for single no dependents. Do you not know how to read?? By your response, it’s clear you have a single digit IQ score.
@@hbk01z87 dip shit 10019 I get paid
@@hbk01z87 keep making yourself look stupid
我一直在多多方面受迫害，侵犯我的人权加上篡改生日。我需要一个公平的地位说出真相事实，我要知情权，才有自己的选择。
A comment!!! For the algorithm Gods!!!