Was I Entitled To Smc All These Years?

[glider222]

Update,

I received my c file last week. I determined that yes, I was granted Tdiu for bipolar from 11/15/2001. I asked for and was granted P&t from 9/24/2002. Also I was granted 50% for sleep apnea from 11/15/2001, 20% for DDD of cervical spine from 11/15/2001, 10% for hypothyroidism from 11/15/2001 and six more conditions rated SC 0% from 11/15/2001.

So I put together a letter requesting SMC-S retroactively to 9/24/2002. I sent it as an emIl to Allison Hickey. I did this because I did not want it to become a claim and have some inexperienced rater put me in for C&p exams, ect?.....

I sent the email at 2pm and received an answer from one of her staff thAt Allison personally gives attention to every email from veterans. Wow. She said they contacted the VARO in Maine to look into this INFERRED compensation. Now I just hope it does not back fire on me and they do the right thing and grAnt my SMC S back to 2002.

I will update later

[MrPain7]

glider222: You are entitled to recieive SMC from 11/15/2001 you don't have to be P&T.........

[glider222]

Thank you Mrpain7

How do I go about it? I received a reply from my VARO today stating that they did not make a mistake as my award was pre-Peake.

I never mentioned Peake. She also sent a 526ez form for me to fill out along with any pertinent privTe med records if I wanted to file for SMC-S. I specifically sent it to Ms Hickey to avoid it becoming a claim...... What do I do now? Why would I send med records?

[Buck52]

glider222,

Read up on some of these post it may shed some light for ya as for as the SMC's

f

.......................Buck

[Buck52]

Gglider222,

I don't think you need to worry about your SC Disability, you have had it untouched since 2001

they have a 10 year rule that when your disability has run concurrent for ten years or more then that exempts you from a exam, About the only way they can take your current disability away is they prove your disability has without a doubt improved to render you a lower rating or they can prove Freud.

I'll go get the regs on that and post them.

........Buck

[Buck52]

It helps to be 55...but check out these regs.....I know its some times hard to understand a lot of post and some times I get mixed up but just try to put 2 &2 together.

§3.327 Reexaminations.

(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and © of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)

(b) Compensation cases—(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

© Pension cases. In nonservice-connected cases in which the permanent total disability has been confirmed by reexamination or by the history of the case, or with obviously static disabilities, further reexaminations will not generally be requested. In other cases further examination will not be requested routinely and will be accomplished only if considered necessary based upon the particular facts of the individual case. In the cases of veterans over 55 years of age, reexamination will be requested only under unusual circumstances.

.....Buck

Edited June 24, 2015 by Buck52