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Maurice

Can Smc Be Retro. 2 Years Back

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I got TDIU two years ago. I didn't know anything about SMC. I Call the VA 800 line and they states that the VA put in for A&A for a claim in May2010. Can I get the VA to back pay me from 2 years old ago?

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I got TDIU two years ago. I didn't know anything about SMC. I Call the VA 800 line and they states that the VA put in for A&A for a claim in May2010. Can I get the VA to back pay me from 2 years old ago?

SMC is not a claim but an ancillary Benefit that you should get the date you became eligible.

That is the date the eligibility arose.

J

Edited by jbasser

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SMC is not a claim but an ancillary Benefit that you should get the date you became eligible.

That is the date the eligibility arose.

Thanks you, J. Should I wait still the VA contact me for the May2010 claim and then appeal the eligibility date? Thanks you again

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Read Bradley v. Peake which is highly favorable on this issue. Also read all of 38 USC 1114 since some the bottom portion of that law pertains to Special Monthly Compensation. I think you should make a written request to V.A. for copies of your C file and that you should get some help from a service officer in trying to get SMC and in getting the proper effective date.

Edited by deltaj

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