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Smc - How Do We Apply? Question


newbe

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Newbe- in your most recent VA decision letter they might have considered you for SMC but denied and gave a reason-

then again maybe they did not mention SMC.

If they did deny- see what it was in that decision that they denied for.

Otherwise I suggest you read over carefully the SMC criteria :

Here is A & A and House bound:

http://72.14.207.104/search?q=cache:DC0lKy...&hl=en&ie=UTF-8

I posted the 38 CFR 1114 link here the other day for the other SMC award criterias.

I suggest you study them and see what criteria you fit into by medical evidence-

and just send them a letter as a claim for SMC. You can state why you feel you are eligible for consideration of this benefit and attach copies of any medical evidence that would help.

Sometimes I think it is easier to do their job for them than wait for them to figure this stuff out.

SMC can be complex. This might help someone.

I have two CUES on SMC accrued that VA never awarded my husband posthumously,when they awarded

PTSD 100% SC.

I assumed (like an ass) in 1997 that 1151 disability is not an SMC issue but it is. (he was over 200% Sec 1151 SCand eligible for SMC consideration and award.)My new vet rep never questioned this because he got the award letter copy 2 weeks after I signed his POA and was not familiar with the whole claim.I was so tired of the 3 year long battle that I didnt even think much about it for many years.

What I did- is I supported the recent CUEs with evidence from the VA itself-OGC opinion and a CHAMPVA letter-

so they know he should have been considered and awarded SMC.

I looked over his whole disability picture aside from his PTSD and determined that he feel into the SMC R-1 level. I told them the "S" award criteria was obvious but that award is unacceptable to me- to stave that off-

I supported my request for SMR r-1 with VA medical evidence (the R-1)as he was documented at over 200% Sec 1151 and also referred them to the veteran's SSA awards- he had two separate 100 % SSA awards and SSA records are more extensive on a few SMC conditions than the VA med records.

My long point here is- if you can- request the specific SMC level of award that you feel your medical evidence will support.

Some awards take into consideration family member statements- stuff like that -but they

also depend on bonafide documented medical evidence of the SMC criteria.

I would file the claim even if you dont have all the med evidence or are unable to determine the level you want but then I would sure attempt to send them ,in separate submissions, anything at all that will support the claim.

Edited by Berta (see edit history)
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