Maurice Posted February 24, 2011 Share Posted February 24, 2011 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? DAV IU 100% Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted February 24, 2011 HadIt.com Elder Share Posted February 24, 2011 (edited) 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 A Veteran is a person who served this country. Treat them with respect. A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served. Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with. Link to comment Share on other sites More sharing options...
Maurice Posted February 24, 2011 Author Share Posted February 24, 2011 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 DAV IU 100% Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted February 24, 2011 HadIt.com Elder Share Posted February 24, 2011 Yes, I did it. Link to comment Share on other sites More sharing options...
HadIt.com Elder deltaj Posted February 27, 2011 HadIt.com Elder Share Posted February 27, 2011 (edited) 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 Link to comment Share on other sites More sharing options...
Berta Posted February 27, 2011 Share Posted February 27, 2011 "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. 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. Link to comment Share on other sites More sharing options...
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