I’ve been horribly remiss in getting this article out. I apologize profusely-both to you, the readership and the latest graduates of the SMC Academy. In fact, I was waaaaay remiss (five months) in creating and printing the diplomas. As many know, I began the process of constructing a curriculum I could teach from by reviewing all my previous SMC cases for higher ratings. By ‘higher’, I mean L-N, O, R1, R2 and T. I chose ten of some 200-odd ratings I’ve done in recent years to illustrate all the facets a body could even conceive of encountering in this field. I’m pretty sure I covered them all because my former acolytes from the first class tell me my SMC Ju-Ju works as advertised.

Huey B model gunship humor

The classes began this January and finished in April. Among them were Veteran Howard’s Extraschedular Aid and Attendance at SMC L rate grant for a combo 60% Extraschedular (30%/30%/10%/10%) TDIU. As we all know, the M 21 says you have to have a 100% or TDIU… or… a combo of stuff from one disease entity pretty near 100% to even queue up in line for an SMC above S. But then, we all know the M 21 is revised about 135 times a year so why would you put any store in it? My Vet’s win illustrates it’s not only probable or possible, but inevitable you’ll prevail. The key ingredient is a diagnosis of a need for the aid and attendance of another. Check it out https://bvasearch.suttonsnipes.com/search?from=1992&to=2023&sort=date&direction=descending&page=1&query=Docket+No.+220711-258804&citation_number=A22025063

Copycat of above gunship humor with inferior beer

I also chose an interesting one that ended up being a double CUE based on VA ignoring the regulations and telling Lt. Lori she couldn’t have both a&a for her Multiple Sclerosis (MS) and loss of use (LOU) of a hand and a foot due to MS. We call that estoppel en pais or equitable estoppel.  They told her if she ever had to be hospitalized, she’d lose the a&a $  because VA would discontinue it and drop her back to SMC S. It was a lie. Her SMC Ls added up to O and R1.  The second, more minor CUE was they disremembered to give her the SMC K for the loss of use of her foot for two years before granting the first L. It took me several years to unravel these fusterclucks and even required two BVA decisions instead of just throwing it all in together as I asked.  https://bvasearch.suttonsnipes.com/search?from=1992&to=2023&sort=date&direction=descending&page=1&query=200123-63335&citation_number=A21020231

I chose a Muscular Dystrophy case for R1 to illustrate how VA will employ smoke and mirrors to confuse you and make you give up in frustration… or call me. Col. Terry went on to R1, then R2, and, finally a VA Agent’s Accreditation. If you look up ‘grit’ or ‘determination’ in Miriam Webster’s tome, you’ll find a picture of him. Naw. Just funnin’. But he is enrolled in Session Two which just began several weeks ago.

And, of course, the latest craze in VA law besides trying to unravel PCAFC, is trying to climb Mount TBI for the big SMC T banana. The saddest part of that fight are the contestants. Most of these folks I’ve repped would gladly trade places with a 50% Vet faster than you can say 1002 while still holding a hot M 26. The money is desperately needed for the much higher level of care. It ain’t being spent on high-dollar Mopar vehicles. And the wives of these Vets are basically 24/7/365 Visiting Angels™ who never get a weekend off. $10,905 per month might sound like a hoodoggies picnic but it isn’t. It buys these gals a part time caregiver to babysit so they can accomplish the regular shit of everyday living-e.g., grocery shopping, parent-teacher meetings etc.

I touch on several cases where it was a tossup- go for two aid and attendance ratings or go for LOU and a&a. Or, go for all four extremities and  then grab another a&a. As I try to point out, no two cases will ever be identical in every respect. The list of nasty, terminal diseases seems to be endless. Bone/Lung/ Liver/Kidney/Brain/Prostate Cancer, Interstitial lung disease, MS, MD, Parkie’s, DM II with mega PNs in all four extremities, Traumatic Brain Injuries, PTSD on steroids ad nauseum.

Below, I’ve begun to assemble the participants of the first class and introduce them to you if you need help. I’ve been trying to get the rest of the graduates (2) to send me a photo of them holding their diplomas so I can advertize for them here. I’m turning 74 early next spring and want to slow down. Asknod can still be a legal clearinghouse for the most severely disabled among America’s Patriots even if I take a quasi-back seat and sit in the director’s chair.

First meet Brennae Brooks J.D. She’s now a card-carrying Jedi Knight with the Force and absolutely lethal. She’s the one who first asked me to train her in the “art” of SMC back in Cincinnati that began this project. She can be reached at bbrooks@theveteranthelawyer.com

Next, meet Mr. Peter Cianchetta of the greater Sacramento area. Pete’s an attorney and really enjoys SMC work. Pete’s a Vet so he know what we all went through. Here’s the link to his website https://www.cianchetta.com/. Sometimes, I think having been a Vet should almost be a prerequisite to qualifying for this job. He, like the rest, took to it like a duck to water. Believe it or not, some accredited representatives will never be able to navigate this no matter how many classes or CLEs they attend. These pictures were taken at our most recent conferences in Salt Lick City. If you look closely, you can see the crossed light sabres at the top of the certificates.

Continuing alphabetically, thee next graduate is Ms. Tamar Dyson, a Veteran and a VA attorney. Her contact information is tamar@tamardysonlegalservices.com . Tamar is red hot- as all these folks are on VA law. Now, she’s armed and dangerous to win SMC claims.

Thee next Chicken Dinner Winner (alphabetically)  is Ms. Doris Leach of Garland Texas, both a Veteran and a VA Agent who can be reached at vaagentdoris@gmail.com . Doris tells me she can now feel the Force coursing through her mind so she’s waiting for you to call with your SMC problems.

Number 4 is another Veteran, as well as a VA Attorney in the Washington, DC area. Not that any of us are geographically challenged as to where we represent Veterans; nevertheless some still desire that face-to-face assurance before launching a multi-year attack on VA. With the advent of Zoom, that need is gradually being met electronically. Ms. Jennifer Lohnes can be reached at www.lohneslaw.com

Continuing right along, meet Wes McCauley, VA Agent and my very first acolyte. Wes became intrigued with SMC waaay back when and finally began pestering me about the ins and outs. He’s probably the primary reason I began these classes after Brennae Brooks. Wes lives down in Georgia and missed getting clobbered by Hurricane Helene from what I can tell. He’s still transmitting so apparently he managed to keep his PRC 25 dry. You can contact Wes at unitedforvets.us

Last, but not least, meet my very good friend and fellow legal member of our tribe Ms. Bethanie Spangenberg. Bethanie and her husband Mike run Valor4Vet.com. While Bethanie generally works at being a PA-C doing nexus letters, she became intrigued with SMC and how the dang thing works. Now she knows. We’re all hoping she decides to throw her hat in the ring and begin litigating SMC claims considering she now possesses the Force. Contact her here at https://www.valor4vet.com/

Hopefully, this will invigorate Betty and Michael to send me their pictures and get themselves immortalized here in celluloid electrons as well. It seems there is quite an interest in this subject among out merry band of VA legal beagles. Session number 3, beginning mid-January is already filling up as we speak. It’s a good thing, too. VA is preparing to break ground and pour the slab for my new ADA heated ILP 20′ X 28′ greenhouse (replete with a computer-driven hydroponics setup) and I’ll soon be growing twelve foot tall tomato trees to rival Jack’s Magic beanstalk. I reckon I’ll have to put in WiFi down there so I can grow lettuce while I litigate. “Bother” in the immortal words of Pooh.

P.S. Cupcake outdid herself this summer with 22 flavors of tomatoes and 12 of peppers. It feels like we’re the west coast distributors of ‘maters. And cukes, cauliflower and broccoli. Now, if I could just figure out how to grow a steer or a pig hydroponically…