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Was I Entitled To Smc All These Years?

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  • HadIt.com Elder

Good Luck bronco & Glider

I think a lot of veterans are missing out with SMC they either forget its there or don't know about it or entitled to it!

if your entitled to SMC please file for it.

Edited by Buck52
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Thank you everyone for your help and advice. I need to find my award letter to make sure my IU was granted for bipolar 70%. I did find the letter I wrote requesting P&T, they granted IU to me based on my letter. In the letter the only disability I referred to was bipolar.

Thanks again to all of you. I have another question. I noticed that in ebenefits the VA lists my representative as DAV, VARO. Can I request to remove them as I feel more confident to handle my claims without the middle man. It is thanks to all of you seasoned vets on this board helping out vets like me that gives me the confidence.

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  • HadIt.com Elder

Send in request to revoked the DAV, Its hard to get that done, there's another hadit member on here trying to get his VSO revoked.

if you file a cue you really need an attorney, those cues are hard / tricky sorta- speak, but you could do it yourself I suppose...ask hadit members to to help Carlie & Ms Berta are very good with cue's.& Asknod is too!

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  • Moderator

Buck posted:

" yes you are entitled to SMC,you might want to recheck your award letter, if they never mention SMC to you? ( explain the entitlement) then there's the cue!"

I think I recall reading that..something about if you are awarded a single 100% award, they are supposed to adjuticate SMC-s. But I can not find it. Does anyone know where that it says the VA is required to adjuticate SMCS when there is a single 100 percent award???

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  • HadIt.com Elder

In practice - - -

The VA does not consider SMC when a single 100% only claim is to be awarded.

The mandatory SMC-S award occurs (maybe, when people do what they are required) when 100% single and 60% additional (single or "combined") is awarded.

Last year, as a result of information here concerning a way to use the on line claims application,

I was able to see gory details concerning my claim history. Prior to that, the regular E-Benefits

information left out too many details. The detailed information showed that the VA had failed at

what I believe is a "CUE" level to consider SMC. Email correspondence using the "Bob" option

produced extremely fast results, and several years of retro.

Having said that, there is language in the law and regs that allows SMC to be considered, even when the Percentage is less than 100%.

It has to do with how an individual veteran is impacted by disability. The laws concerning SMC are both flexible and vague when it comes to such things.

Given the VA's past history, I'm curious as to how many claims have been awarded using these parts of the SMC regs and law. Not many, I'd guess!

Edited by Chuck75
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