tdiu Smc An Issue

[Berta]

As you know the VA has consistently denied any SMC consideration as accrued benefit in my husband's case.I have SMC 2 CUEs pending for last 5 years that they keep sending me the same SSOC on.

But my recent award means in spite of their past errors on this-they have to resolve this issue anyhow -and now -not do to SMC 1151 but due to direct SC disabilities- totalling at least 300%.I am aggressively fighting that point with them.

I feel this is important info we should have-

NVLSP makes the point that M21-1 Mandates adjudicators to infer and consider SMC whenever the medical evidence warrants it.

A mandate is a 'have to' and yet it is more one thing the VA can fail to do properly.

I am beginning to think that since inferred SMC actually requires the VA to consider all medical evidence after they make direct or 1151 100% award or a TDIU award-

this additional review of the medical evidence for SMC purposes probably isn't even done.

Also I bet many vet reps do not realize that 1151 awards also come under the SMC criteria.

A local vet I helped got 100% under 1151 and an additional SMC award under 1151-they messed him up medically and probably shortened his life.

There are a few widows claims at BVA for accrued SMC under Nehmer-

and very few 1151 and SMC claims.

In one letter I received years ago the SMC consideration was denied because they said the veteran didnt ask for SMC.

He couldnt -he was dead already and besides that-SMC consideration is Mandated when the medical evidence warrants it-so most if not all veterans should not have to request SMC at all.

Hope this all makes sense-I just get livid over the crap the VA can state in their letters to us which is often not based at all on fact or established VA case law.

And if we buy what they are selling-without challenging them- we have lost $$$$$.

[john999]

Berta

Are you saying that if a vet is TDIU he has some kind of inferred claim on SMC? I have often thought of going for housebound since my last rating decison said one of my conditions is agoraphobia and social phobia. I did not attempt going for this because I believed you had to be 100 schedular.

[Berta]

John whether TDIU or 100% the veteran-if their medical evidence warrants it- is eligible for SMC.

Bradley V Peake-2008-

CAVC "made it clear" per NVLSP VBM Page 342 2009 edition that 100% is not the only precursor to SMC.TDIU awards as well make the veteran eligible for SMC consideration.

Also they make the point that when a vet is granted TDIU or 100% there is no need for the vet to file separate claim for SMC.

If a vet gets award for TDIU or 100% and then their are separate and independent SC disabilities on the rating sheet- anything combined or separate at 60% or over for any additional disability warrants at least the SMC S award .

The VBM also states that if the evidence shows the veteran is housebound they are eligible for the S HB award. They only award S under one of these scenarios.

I am poed-yesterday the VA changed their web site around and I cannot find the BVA decisions-

when I find them perhaps I can post some SMC TDIU claims

The VBM goes into more details on this as well as the whole 9 yards on SMC- which can be a VERY complex issue.

WHenever a vet gets TDIU or 100% has has any other independent disabilities-that is when SMC consideration should kick in.

Even if they mention it but dont award SMC-they mist give fuull reasons and basis and the vet can NOD the denial of SMC.

[Pete53]

Should work for me for earlier effective date. I guess I will request a Hearing

Pete

100% Schedular for Panic Disorder with Agorophobia in 1993 and not awarded SMC until Nov 2007

[Berta]

http://www4.va.gov/vetapp09/files3/0917084.txt

Another way of obtaining SMC.

[Berta]

More info here when we discussed this issue:

http://www.hadit.com/forums/index.php?showtopic=31438

[carlie]

I am poed-yesterday the VA changed their web site around and I cannot find the BVA decisions-

when I find them perhaps I can post some SMC TDIU claims

Berta,

Yea - Happy Veterans Day - Time for VA to screw around with the web site.

I'm finding BVA Decisions OK here.

http://www.index.va.gov/search/va/bva.html