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Alex And P&t

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john999

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john999 Grand Master

john999

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Alex

Do you still advocate taking the money and running if you are P&T. I have a couple of SMC type claims I am thinking about but they don't amount to that much money, but I hate to see the VA get away with something where I could possibly get paid.

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Berta

Berta

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John- I dont know how Alex will reply-

I for one sure believe strongly that if a veteran is eligible for SMC, they should claim it, and have VA rate it and compensate them.

I actually believe too- that if many of you look at some of your older decisions, where VA stated they considered you for SMC but denied due to whatever- that in fact-some of you might have met at least the HB or A & A criteria, by medical evidence, when they stated that-

If it was not Nodded within that year, then only a re-open or a CUE can recover it.

I had a new POA when I got my 1997 decision as to Rod's accrued. They said he was not eligible for SMC.

Then VARO stated twice 'he was not eligible under any circumstance'.

Yeah right- when I got a little smarter on SMC and the fact that he was declared 100% due to 1151 disabilities as well as 100% SC PTSD-it hit me that they snookered me big time-and my new POA rep never picked up on this either.

My SMC CUE claim is in progress supported by medical evidence and VA case laws and regs on that.

I do not believe that the ROs go out of their way to really try to determine SMC eligibility in most cases- when they might award 100% P & T yet state that SMC was considered but denied.

I have never seen any follow up reasons and bases in many claims like that- as to how they did deny the SMC.

Say a vet has PTSD and the evidence reveals, he is danger to himself and others, has also agoraphobia,

paranoia and suicidal ideation. Family statements indicate he cannt be left alone.

The VA would grant the TDIU or 100% probably, say they consider SMC and denied, and yet the vet might well be Housebound based on the evidence they already have- the VA is supposed to consider you for any benefit that you are eligible for.

see what I mean?

I think the SMC denials tacked onto sc awards are rubber stamped in most cases.

After a long ordeal to even get the proper SC award, I think many vets accept the denial of SMC without questioning how they arrived at the denial.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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