Maurice Posted February 24, 2011 Share Posted February 24, 2011 I got TDIU two years ago. I didn't know anything about SMC. I Call the VA 800 line and they states that the VA put in for A&A for a claim in May2010. Can I get the VA to back pay me from 2 years old ago? Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted February 24, 2011 HadIt.com Elder Share Posted February 24, 2011 (edited) I got TDIU two years ago. I didn't know anything about SMC. I Call the VA 800 line and they states that the VA put in for A&A for a claim in May2010. Can I get the VA to back pay me from 2 years old ago? SMC is not a claim but an ancillary Benefit that you should get the date you became eligible. That is the date the eligibility arose. J Edited February 24, 2011 by jbasser Link to comment Share on other sites More sharing options...
Maurice Posted February 24, 2011 Author Share Posted February 24, 2011 SMC is not a claim but an ancillary Benefit that you should get the date you became eligible. That is the date the eligibility arose. Thanks you, J. Should I wait still the VA contact me for the May2010 claim and then appeal the eligibility date? Thanks you again Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted February 24, 2011 HadIt.com Elder Share Posted February 24, 2011 Yes, I did it. Link to comment Share on other sites More sharing options...
HadIt.com Elder deltaj Posted February 27, 2011 HadIt.com Elder Share Posted February 27, 2011 (edited) Read Bradley v. Peake which is highly favorable on this issue. Also read all of 38 USC 1114 since some the bottom portion of that law pertains to Special Monthly Compensation. I think you should make a written request to V.A. for copies of your C file and that you should get some help from a service officer in trying to get SMC and in getting the proper effective date. Edited February 27, 2011 by deltaj Link to comment Share on other sites More sharing options...
Berta Posted February 27, 2011 Share Posted February 27, 2011 "they states that the VA put in for A&A for a claim in May2010" Do you mean the VA inferred this claim or you filed A & A claim. Did you get a VCAA letter on this? The A & A regulations do not require that all of the criteria have to be met. It helps if you have a caretaker statement from the spouse or any witness statement that shows you meet some of the criteria. Link to comment Share on other sites More sharing options...
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