ptsd Smc

[Sandra Williams]

SMC

I was just wondering if my husband filed to add his heart condition in 2002 and also filed for SMC how would that affect any retro pay. At the time he filed he was gravely ill. He was rated 100% SC PTSD and he then filed his heart condition along with SMC in 2002. Scenario: Had he been granted SC for his heart and for the sake of argument he was rated 60% for the condition how would the SMC benefits be applied under Bradley vs Peake (do not know if this is cited correctly). Would they go back to the original denial apply his benefits for SC IHD and apply the SMC for the period from January 2002 to his death November 2003. And then would the DIC benefits pick up from my filing date of December 2003 when approved.

[Berta]

I have similiar claim.

All my issues were resolved by VA a few months ago but one.SMC.

In Aug 2010 I filed a formal claim for accrued benefits too under Nehmer for SMC due the veteran by medical evidence generated in his lifetime.

It regarded his IHD and CVA due to the IHD.

The VA might have lost this claim already- I have 2 Irises indicating that-but they are working on another claim I filed in 2004 ( CUE claim) which could resolve the SMC issue anyhow.

You need to formally claim the IHD under Nehmer.I assume he was incountry Vietnam.Make sure you tell them the dates of any past denied IHD and SMC claims.

"he then filed his heart condition along with SMC in 2002"

"Would they go back to the original denial apply his benefits for SC IHD and apply the SMC for the period from January 2002 to his death November 2003."

They should.

" And then would the DIC benefits pick up from my filing date of December 2003 when approved."

DIC ,when the DIC claim is filed within one year after death- is awarded back to the date of the veteran's death.

Since your DIC claim is still in progress I suggest you send them a 21-4138 and ask them to consider when the DIC decision is made, that your husband medical evidence should be considered for SMC compensation, payable to you as an accrued benefit.

You can raise Bradey V Peake in the 21-4138 and then state their past decision was a CUE on the SMC denial.(if he clearly was eligible for SMC consideration in his lifetime.

The denial should have had a NSC rating for his IHD denial.

Also please go to the NVLSP web site I posted in our AO forum and send them a brief email so you can get into their Nehmer data base.

[Berta]

Maybe I didnt say that well-----

when they award DIC (which they should if he died of IHD from AO causing or contributing to his death-the VA should make a decision as to his SMC.

The DIC is retro to date of death in yopur case-but the SMC would possibly generate a separate award of an accrued amount.They should go back to the initial claim he had for SMC to determine that retro date.

They dont always do what they "should" do so it would not hurt to send them a 21-4138 pointing out the last denial and making sure they consider SMC properly as an accrued benefit.