Form 526Ez To File For Smc-S?

[retroman]

Hi, Just got off the phone with VA and asked if I am qualified for SMC-S under Bradley V Peake and the lady told me to file EZ form 526. I told her it’s the statutory and I don’t need to file the form and she told me that’s the only way for rater to look at. What do you think? Below is my disabilities and I need you to tell me if it’s a shot or not.

Thoracic 40%

Right lower extremity(secondary) 10%

Left lower extremity(secondary) 10%

Cervical spine 20%

Right dominant upper(secondary) 20%

Headaches 30%

Scares on face 30%

Allergic rhinitis 10%

ED(secondary) 0%

IU approved on all above affective date of 1 Jun 2011

Depression (secondary)70% affective date of 2 Apr 2012.

So is this what Bradley V Peake calles 100%+60%?

[glider222]

So I have to ask, what is the best way to let VA know they owe you SMC back to 2001? CUE, 526e.....

[Mike_S]

Leanne

I think we all do that. We keep helping our own. Nobody (almost) is helping. We did it for each other in our bad times. We are the only ones that can understand what we feel and what we have been asked to do for and did for our country.

Only we care and I don't think the country gives a shit or cares. They just want to forget about it. We can't.

Welcome home.

Where is our parade?

We get a great big F U for your service. The thank you is hollow.

I've had a few beers so take it with a grain of beer or something.

[lotzaspotz]

Retroman, have you already filed for Social Security disability? Assuming you have, then if the SSA focuses on one specific condition and grants benefits based on that condition, and if that same condition is already service connected, that would be the condition I would cite as the basis for TDIU.

Maybe I haven't had enough coffee reading this over, but i didn't see where that was addressed,

Fighting this exact same battle for my husband now at the Board of Veterans Appeals, and highly recommend attorney assistance if you press the issue.

Funny how the VA asks you to perform your own occupational functioning assessment to answer a question on the EZ form when they don't take your word or accept buddy statements as credible for much of anything else.

Edited May 16, 2015 by lotzaspotz

[Chuck75]

What I don't like about SMC "S", which is an increase of around 11% above the 100% rate.

Married with Spouse example 100% $3068.90 SMC S $3415.74

(Statutory SMC 100% + 60% )

60% $1156.09

And the total still does not equal the bottom US average Family Income, unless the 100% and the 60% rates were added!

(~47-57k a year)

[FormerMember]

Throw in SSD or SSI and see what it is. Mine hits $59 K a year.

[retroman]

First, my late apology stating that I will  give up the SMC S.  As much as Asknod, Berta and all you were encouraging me to pursue the claim, I wanted to give it up.  But…actually I didn’t.  On 1 Nov 2015 I sent out the 526EZ for SMC S.  On 25 Jan 2016, I received the denial letter from VA stating “no indication of confined to his/her dwelling due to his disability nor  a single service connected rated as total disable…….. entitlement to statutory housebound benefits under Bradley v. Peake is not warranted”.  OK.  So this time I gave it up ……  till I pick up the mail on 2 Nov 2017 from VA and the letter stated that I have a RFE exam on 3 Nov 2017 for my MH.  That’s correct.  I only had one day notice on my exam date but I made it too.   On 20 Nov 2017 I received the BBE from VA stating that I am T&P and top of it, the VA is awarding me the SMC S effective date of 3 Nov 2017.   Yapee!  After 7 years finally!  So thank you all! Too many names to mention here.   Now that was one exciting few days, but as it started to wears out, I am just wondering .  Why is my SMC S effective date is 3 Nov 2017?   Sorry I feel I am getting greedy now.  My initially MH award started on 2 April 2012, so shouldn’t it be the effective date?  Can anyone explain that to me? Does SMC S and T&P related to one another somehow?  My MH RFE remains the same 70% as the initial award and whole bunch of additional disabilities was awarded since 2015.   Thanks you all for your input and advice.

Edited November 23, 2017 by retroman