tdiu Opinions Wanted Please On Filing For Smc S

[glider222]

Hi all,

Back in June I emailed Allison Hickey for inferred SMC S back to 2002. Well what happened was the director from my RO office sent me an email telling me to fill out the 525? And submit it for my SMC S.

This is what I was trying to avoid. I do not want the VA to open up my old claims.

Fast forward my State VSO called me and asked if I wanted to file for SMC S and I said no. Because I have a daughter going into her Sophomore year of college. My disabilities are as followed; bipolar 70%, c spine 20% back to Nov 15, 2001. I submitted VA form 21-8940 back in Feb of 2002. In block 6 it asks what disability is responsible for not being able to sustain gainful employment. I answered my Bipolar (which is why I was med boarded out of active duty). I was granted TDIU eff 15 Nov 2001. P&T effective in 2002. Then I was rated for sleep apnea 50%, hypothyroidism at 10% and 5 issues at 0%. All rated back to 15 Nov 2001. Which puts me at bipolar 100% (cause of TDIU) and the rest ad up to 60%.

So I submitted the form to withdraw claim for SMC S. Today the secretary from my State VSO office called me to say the top VSO of the state called her to encourage me not to withdraw the claim because it was a slam dunk. I told her I still want to withdraw because I do not trust the VA to order c&p exams and open up all my old claims. She emailed the top VSO and told him my concerns. She also told me he is not the type to imply anything is a slam dunk. His reply was; they would not open up old claims because I am P&t. I still do not trust that the VA would not order C&p 's and open up old claims.

I am asking you smart experienced Veterans how you would respond.

[Buck52]

I never put to much stock in a VSO,listen to these guys here on hadit they know what there talking about & they are the experienced experts.

However with a lot of retro at stake you may want to seek a good attorney

one comes to my mind if I were in your shoes would be Attorney John Walsh.

jno

................Buck