tdiu Fastest Way To Get The Varo To Apply Smc_S To Win

[steve&pat]

Last friday I got another WHITE envelope.I am already 100 % with TDIU> So now I want the fastest way for the VARO to to follow the law as in FAST LETTER 09-33 and rate SMC -S , The latest were for

tinnitus 10% and DEPRESSIVE DISORDER 70%.My legion rep isnt as smart as he thinks he is. (he even told me not to send signature and delivery conf. info to the va.)

Who would be the right place without calling it a new claim. also got another white envelope about a month ago service connecting the HEART10% because IHD was caused by being FAT...So a week

ago sunday I got out of the hospital after 4 days because of bad valves and 155 pulse rate.Its still at the 120s yet and put on warfhrin (rat poision) So any way to get them to pay the smc the fastest.This is done by the St.Paul VARO

PAT & STEVE

[broncovet]

There really is no such thing as the "fastest" way at the VA. There are slow ways, very slow ways, extremely slow ways, painfully slow ways, and much worse. I wont be the one to "hype" you into beleiveing the VA will fix this pronto. VA is not Burger King, and you dont get your way.

There are 2 ways to "get" SMC S:

1. The famous statuatory SMC s which is 100% plus an additional 60%.

2. Housebound "in fact". This means you will need to provide medical evidence of housebound. The VA may schedule a C and P exam for this.

If you have TDIU plus another 60% then SMC S is clear as MUD, under Bradley vs Peake. I think the NVLSP "reviews" potential Bradley Vets to determine eligiblity for SMC S, especially if you have another 60%, for free. Its not fast..none of them are.

I hate to suggest you "apply" for SMC S, because you may be eligible for retro pay, and you dont want VA to thinking you deserve it now, when you think you should have gotten it 4 years ago. (or your effective date of TDIU plus 60). The VA loves to hornswaggle Vets on their effective date, hoping they wont notice or wont appeal. VSO's often also like to say...gee you got your 100% now shut up about the effective date. I say, if the VSO's want to throw away bushels of money then they can feel free to give away as much of their own money as they see fit....but please dont give any of my money away. I am quite capable of giving away any money that I think needs to be given away, and I dont need a VSO who advises me to give it away to the VA, by forgetting about the effective date.

[jbasser]

That also depends on your ejection fraction.

If it is low enough then your in. But keep an eye out. These folks don't care about you.

There is nothing fast about the VA and the more hell you raise the slower they get.

Keep on trying Vet.

J

[Berta]

With TDIU and the new 70% depression award, what was the exact wording in the decision as to why the Ro didnt grant you SMC S?

If the RO failed to even mention or consider you for SMC S, then they have committed a CUE and you can request that they call a clear and unmistakable error on their decision, as they have violated the mandate of SMC, which is a statutory benefit.

Asking them to CUE themselves does not stop the NOD clock but by using this approach last year when they erroneously denied my AO IHD claim ,I got them to CUE themselves and reverse their denial and the award letter came about 3 weeks later.

Also I won a SMC CUE claim on a different matter last year and the evidence I used is within my topic under CUE here called How I did it or words to that affect.

My deceased husband was 100% P & T for PTSD. He had a Section 1151 CVA at 100% disabling.

1151ers are not exempt from any of the SMC regulations.

VA failed to consider him for SMC.in a posthumous 1998 DIC award letter to me.

I filed a CUE on that and VA awarded the CUE last year.

I have had other experiences with using the Go CUE Yourself VA tactic with the VA and presently have this same type of request in progress.

Others might disagree with my approaches but I like to use the regulations against them.

If they break a regulation in a recent decision, to the detriment of the claimant (by established medical evidence) then the VA has committed a clear and unmistakable error and the claimant should consider making a 'collateral' attack on that decision right away.

If I had filed a NOD instead of a request that they CUE themselves ,on the ludicrous AO IHD denial I had initially received,last year , I might still be spinning on my thumb, waiting for my AO IHD award letter.

BTW The VA can make some awful mistakes on SC issues:

http://www.va.gov/vetapp09/files4/0935536.txt

In this BVA decision the RO apparently changed the claimant's rating from TDIU to 100% SC,plus the veteran had independently ratable disabilities that put him at over the 60% additional SC disability mark. Then the RO absurdly denied the veteran SMC S.

The BVA uses the word 'absurd' twice in this decision and awarded entitlement to SMC S.

He had Ken Carpenter on the POA.