kidva

There is a lot of case that seem to point to that the effective date for smc benefits isn't the date of claim. Here is another case. Perciavalle broadly states that VA treats SMC as an "ancillary benefit" or "inferred issue" that may be raised by the record even when not specifically raised by the claimant. 32 Vet.App. at 1 22

I think I am going to try. There is also this cases. I think will be helpful. SMC benefits are to be accorded when a veteran becomes eligible without need for a separate claim and appeals Bradley v. Peake, 22 Vet. App. 280, 294 (2008). SMC may also be considered part of a claim for increased compensation. Akles v. Derwinski, 1 Vet. App. 118, 121 (1991) (concluding that the Regional Office “should have inferred from the veteran’s request for an increase in benefits . . . a request for [SMC] whether or not it was placed in issue by the veteran”); see also Hassan v. McDonough, No. 20-2556 Vet. App. LEXIS 460 *5 (March 19, 2021) (“The Secretary further concedes that because SMC is an issue within an increased rating claim, the Board should have considered whether the appellant filed a claim for an increased disabilities.

So I have been looking to get a new effective date for my smc benefits. I ran across this case. Does this mean the effective date should be the effective date of the condition. If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011. The thing is all the decisions I have search on bva site are all granted the date of claim. Am I missing something.