Smc Pay

[Greenironfist]

Hello I am 100% s/c p/t. My original claim began in 2001. I filed for aid and attendance in 2011. My questions are how far retro will the va pay and how long do appeals take. Thank you in advance

[Philip Rogers]

They pay back to the date you filed(2011) the claim. It takes whatever it takes, especially with the backlog, but a few yrs is probably normal these days. You should check on your claim, just to be sure "it actually was filed," in 2011. Did they consider HB/A&A when you were awarded 100% in 2001?? They should have. If they didn't you may have an open claim back to 2001. jmo

pr

[Buck52]

Roger Phillips,

Are you saying this veteran (greenironfist) should have got A/A automatic? back in 2001?

He filed his first claim back in 2001 and was awarded 100% P&T Service Connected, and then filed for AA back in 2011...does the VA the have the ''duty to assist? and he should have been awarded the SMC A/A back in2001? If this is correct he should be reto back to 2001 with smc?

For some reason or another I always thought the Veteran had to file a claim for each disability?

[FormerMember]

Special Monthly Compensation is an award separate from a rating and is applicable at the first time it can be ascertained it is due and payable. If G I Fist can prove entitlement to A/A in 2001, VA would be obligated to pay that. AB v. Brown (1994) assumes Vets are applying for the highest and best rating they can get and should not have to pester VA for each and every entitlement. Moody v. Principi furthered this concept in that VA is obligated to ferret out any and all issues that a Vet might be entitled to to include informal claims. This certainly would include an investigation as to the applicability of any SMC in 2001. It never hurts to try but if you feel you were not that disabled in 2001, it would be a moral matter. Do the mirror test. Go to the mirror and look yourself in the face and say "I am entitled before 2011" and see if it sticks. That's the problem with your conscience.

clear prop

[Philip Rogers]

britton - I agree w/asknod. When a claimant is awarded 100% scheduler or TDIU the VA must consider HB/A&A as an inferred claim. If they fail to consider HB/A&A, then that claim remains open and if awarded later, would go back to the original claim/award date. In his case 2001.

pr

[Buck52]

Okay but he filed for the A/A in 2011....How would the VA Know without a claim for B/H A/A?

has I understand he filed his original claim back in 2001 I'm not sure what disability the VA decision was awarded the 100%SC with P&T...could it be when the VA rated the P&T and should have awarded the A/A BACK IN 2001? Or would they go back to 2011?

Would it be CUE? for this veteran?

I'm getting confused with this?