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ollie100

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  1. Thanks for the advice Chuck...I've tried to resolve this with IRIS too...the response from that, which took 3 months, was even less helpful than the 800 operator...I've done some research and see that every varo has a finance department..I'll forward an audit request to those folks and see what happens, im thinking it will open an administrative review.
  2. hi all..so I have what I believe is an underpayment of my va comp..called the 800 help line, the person noticed the discrepancy but could offer no further help except to say I should request an audit and contact a VSO on how to get that done.....I called the vso office, they require an appointment, and none are available until the end of february. I'm on my own with this. I tried Google but couldn't find anything....Has anyone ever requested an audit?..or has an idea of what I should do?...thanks in advance.
  3. hello all..have an update, received the claim decision. The level of SMC is confirmed and continued. Your compensation payment will continue unchanged. The current level of entitlement to smc is confirmed and continued based on the evidence reviewed. Pleas note the following determination was noted on your rating decision dated January 26, 2013. P1 is considered a higher level of SMC aid and attendance. (That's not true..the only thing the award letter mentioned was entitlement to aid and attendance) SMC (P-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. . Ok...so there we have it...I have official confirmation that Im entitled to SMC p-1 (L 1/2) With Children, SMC-L through SMC-N Dependent Status L L 1/2 M Veteran with Spouse and One Child $3,897.79 $4,084.77 $4,272.51 However, Im still being paid at the L rate, I was hoping this claim would fix that but my payment will continue unchanged. So far Ive trying using IRIS, va 800 line and a VSO to resolve this. Could anyone suggest what to do next....thanks all!!
  4. Thanks for your response Buck, I generally don't complain about the VA and am grateful for what I have...but this has been a frustrating experience. this should be a no-brainer, e-Bennies clearly states that I'm entitled to SMC P-1...I called the 800 number...they were clueless on smc and suggested IRIS so the issue could be researched, I sent all my info thru IRIS....I went to the county VSO who admitted he knew very little about SMC and suggested I file a claim, which I did...been sitting there "under review", could be another 6 months to a year. but the real slap in the face was the IRIS response, which took almost 3 months, telling me that I need to apply for an entitlement that I'm qualified for...shouldn't that be inferred....arggg..end of rant. thank you all for this site, it has been the only place for competent information, makes me wonder how many Vets are out there that are being short changed due to the tangled web the VBA is.
  5. I sent the above information to IRIS..Got a response: A review of our electronic records indicates that even though you may be entitled to a specific SMC, this still needs to be applied for. So, let me get this straight...even though it says I am entitled to SMC P-1 (L 1/2)...I need to apply for it....wow, really?
  6. Thanks asknod...I very much respect your opinion...in order to get this rectified I filed a claim: Status of Your Claim Under Review Submitted: 07/20/2015 (Compensation) Estimated Completion: 04/03/2016 - 09/30/2016 Disabilities Claimed: SMC P-1 (New) Representative for VA Claims: Current Status: Under Review Ill post what happens when the time comes...next year or so..lol
  7. Zeelarry....A&A does not stand on its own..all depends on what is stated in the exam for A&A 21-2680...let's say you're 100% for one disability and another 100% for something completely different..if both of these disabilities are used to determine A&A you will get smc L..if only one of these disabilities is used to grant A&A, the other 100% will be used to get you to SMC M (a full step for 100%...half for 50% and up)...as I said..no disability can be used twice to grant additional benefits. I have a hard time reading legalese...it took an expert on smc to explain this to me in a layperson way...the VSO nor the folks on the va 800 line had a clue.
  8. So, an update...apparently a mistake was made by ebenefits..in determining my A&A, all of my disabilities were used to grant A&A..therefore no half step can be granted as no disability can be used twice to grant additional benefits.
  9. Thank you for the info..looks like a mistake was made..Im gonna take my paper work to a VSO.
  10. • .Benefits Special Monthly Compensation Benefits You are receiving the following compensations SMC (L-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 12/06/2011.Rating Date : 01/26/2013 SMC (P-1) Effective Date : 12/06/2011 Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of schizophrenia, paranoid type with depression with additional disability, tardive dyskinesia, independently ratable at 50 percent or more from 12/06/2011. . ..My wife was looking thru ebenefits and noticed this feature.. .Should I be getting paid at SMC L or L 1/2. .....Im confused....Im getting paid at the SMC L level......Im rated at 100% P&T and the A&A is probably for all of my disabilities.....Thank you for your responses and your service!!!!!
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