degenerative arthritis SMC awarded back to original Effective Date?

[USMC EOD]

Can I get SMC awarded back to original Effective Date?

Not having been aware of the SMC at all, has anyone ever successfully been awarded SMC back to their original Effective Date?

In reading these blogs, I came across a webpage providing an overview of all SMC’s. One line stood out:

“If the VA did not give Special Monthly Compensation in a case that qualifies, the veteran can request for his case to be reviewed, and Special Monthly Compensation will then be given dating back to the original VA Rating Decision.”

I plan on filing for SMC “L”:

 – In regular need of another person to help dress, clean, feed himself, and use the restroom (aid and attendance)

My justification is that I have always needed assistance from my wife to dress and sometimes bathe as a direct result of:

Lumbar Spine degenerative disc disease with thoracolumbar strain (rheumatoid arthritis-lower back, upper back herniated discs, and thoracic spine stenosis)	40%	Service Connected
Cervical spondylosis with degenerative arthritis	20%	Service Connected
Radiculopathy, right upper extremity	20%	Service Connected
Radiculopathy, right lower extremity	10%	Service Connected

 

I’m in constant pain while the condition is getting worse, i.e. loss of feeling/strength in right arm.

 

[Buck52]

Yes I believe they go back to the date you qualified for the SMC.

http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.html

[Berta]

That is from this blog site:

http://www.militarydisabilitymadeeasy.com/specialmonthlycompensation.htmlI agree with the statement only if it refers to a CUE claim...if it means a past denied decision regarding SMC. Maybe I am reading it wrong...

Buck would know....

"ot having been aware of the SMC at all, has anyone ever successfully been awarded SMC back to their original Effective Date? "

Yes...in a 1998 decision ( my husband ,the veteran had been dead for 4 years by then) The VA had ample evidence to award SMC ( he was 100% P & T for PTSD (SC) and 100%P & T for stroke under Section 1151.

They never considered him properly for SMC S. I filed CUE and they granted the SMC as an accrued benefits back to August 1992, when the stroke occured.

That CUE is explained in our CUE forum under search for SMC CUE Berta.

4 Cues in one...maybe 5... I forget. 

I think you should definitely look over all the SMC info...for the "L" criteria.

Edited October 27, 2016 by Berta

[USMC EOD]

Buck52,

In your opinion, do I need to get a VSO, or can I simply submit a FDC via eBenefits?

I plan on submitting the following as evidence:

1. All medical records originally submitted that resulted in VBA granting a Service Connected rating

2. All medical records since my approved rating

3. Clarification on the symptoms of these conditions:

                                         

1. 1. 1. All SPINE conditions already granted as Service Connected, previously approved date of 11/25/12

Lumbar Spine degenerative disc disease with thoracolumbar strain (rheumatoid arthritis-lower back, upper back herniated discs, and thoracic spine stenosis)	40%	Service Connected
Cervical spondylosis with degenerative arthritis	20%	Service Connected
Radiculopathy, right upper extremity	20%	Service Connected
Radiculopathy, right lower extremity	10%	Service Connected

 

1. 1. 1. Thoracic / Lumbar strain is an injury to the lower back.

         1. This results in damaged tendons and muscles that can spasm and feel sore.

         2. Symptoms include back pain and stiffness that worsens with activity, bones, muscles or ligaments may place pressure on the spinal nerves or spinal cord. Resulting in numbness, weakness, and pain that travels down the leg, instability and weakness, & decreased mobility of the thoracic region

         3. Pain can be exacerbated when taking a deep breath or coughing

      2. Cervical Spondylosis is the Degeneration of the spinal column which chiefly affects the vertebral bodies, the neural foramina and the facet joints.

         1. Cause pressure on nerve roots with subsequent sensory or motor disturbances, such as pain, paresthesia, and muscle weakness in the limbs

      3. Radiculopathy refers to a set of conditions in which one or more nerves are affected and do not work properly. The location of the injury is at the level of the nerve root. This can result in pain, weakness, numbness, or difficulty controlling specific muscles

Thoughts?

[jamescripps2]

I don't see a IME, an IMO or the required nexus letter, it will be required. A really good DBQ might suffice if the writer can make a connection to your already scd conditions but they will not just take it for granted. Go ahead and file the intent to file a FDC claim for the new conditions, that will mark your EED. Then get the IME/IMO, hopefully both together and then file the FDC.

[Buck52]

You or your VSO can file, but I would file ITF (intent to file) while you gather up your evidence  and that includes what James Cripps mention about a IMO/IME .

Remember  Positive probative medical evidence is what wins our claims.  it all boils down  to a MD or specialist to give you a good rational and nexus  for what you are claiming.