Jump to content

Sponsored Ads

  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Sign in to follow this  

Smc As An Accrued


When I filed my SMC CUE claim in 2004 (presently being considered under Nehmer)

I realized there were very few similar claims like it at the BVA.

Even my former vet rep questioned the 1998 decision I cued but never advised me to NOD it and it took years for me to read the decision again and realize it was wrong.

Due to the new AO presumptives it is very possible that some surviving spouses of AO vets whose claims were decided long ago could have a potential basis now for an accrued SMC claim.That depends on many other factors but this case makes some good legal points that survivors cannot overlook.

This is not a Nehmer claim but this widow did receive SMC accrued yet questioned other periods of time she felt she was eligible for.This claim was denied but gives a good review of what these claims can involve.

“The appellant is seeking an earlier effective date for grants

of SMC for accrued benefits purposes. By law, the proper

effective date of a grant of SMC for accrued benefits

purposes is the date of claim or the date entitlement arose,

whichever is later. 38 U.S.C.A. § 5110; 38 C.F.R. § 3.400.

As discussed below, the Board finds in this case that

entitlement to SMC for accrued benefits purposes did not

arise prior to December 5, 2000, the date assigned by the RO.”


“Periodic monetary benefits (other than insurance and

servicemen's indemnity) under laws administered by VA to

which an individual was entitled at death under existing

ratings or decisions, or those based on evidence in the file

at the date of death (referred to as "accrued benefits")

and due and unpaid for a period not to exceed two years,

shall, upon the death of such individual, be paid to the

veteran's spouse. 38 U.S.C.A. § 5121(a) (West 2002);

38 C.F.R. § 3.1000 (2003).”


( For AO surviving spouse Nehmer covers payment of ALL accrued arising from the deceased veteran's Agent Orange disabilities as explained here:

http://cfr.vlex.com/vid/816-nehmer-caused-presumptively-herbicide-19775958 and the 2 year accrued reg in this claim does not apply to AO survivors.)

Maybe this will help someone.

Share this post

Link to post
Share on other sites

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:


      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.


      • 10 replies

Important Information

{terms] and Guidelines