tdiu Can Smc Be Retro. 2 Years Back

[Maurice]

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?

[jbasser]

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 February 24, 2011 by jbasser

[Maurice]

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

[john999]

Yes, I did it.

[deltaj]

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 February 27, 2011 by deltaj

[Berta]

"they states that the VA put in for A&A for a claim in May2010"

Do you mean the VA inferred this claim or you filed A & A claim.

Did you get a VCAA letter on this?

The A & A regulations do not require that all of the criteria have to be met.

It helps if you have a caretaker statement from the spouse or any witness statement that shows you meet some of the criteria.