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tdiu Opinions Wanted Please On Filing For Smc S
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glider222
Hi all,
Back in June I emailed Allison Hickey for inferred SMC S back to 2002. Well what happened was the director from my RO office sent me an email telling me to fill out the 525? And submit it for my SMC S.
This is what I was trying to avoid. I do not want the VA to open up my old claims.
Fast forward my State VSO called me and asked if I wanted to file for SMC S and I said no. Because I have a daughter going into her Sophomore year of college. My disabilities are as followed; bipolar 70%, c spine 20% back to Nov 15, 2001. I submitted VA form 21-8940 back in Feb of 2002. In block 6 it asks what disability is responsible for not being able to sustain gainful employment. I answered my Bipolar (which is why I was med boarded out of active duty). I was granted TDIU eff 15 Nov 2001. P&T effective in 2002. Then I was rated for sleep apnea 50%, hypothyroidism at 10% and 5 issues at 0%. All rated back to 15 Nov 2001. Which puts me at bipolar 100% (cause of TDIU) and the rest ad up to 60%.
So I submitted the form to withdraw claim for SMC S. Today the secretary from my State VSO office called me to say the top VSO of the state called her to encourage me not to withdraw the claim because it was a slam dunk. I told her I still want to withdraw because I do not trust the VA to order c&p exams and open up all my old claims. She emailed the top VSO and told him my concerns. She also told me he is not the type to imply anything is a slam dunk. His reply was; they would not open up old claims because I am P&t. I still do not trust that the VA would not order C&p 's and open up old claims.
I am asking you smart experienced Veterans how you would respond.
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glider222
John, I realize a lot of vets go to the VA for care and most of you get good care. I cannot go. I have major distrust issues And it triggers me. I have mountains of evidence in my private med re
Philip Rogers
Personally, I think you're fairly safe and I would pursue the SMC, which should have been awarded when you were awarded the ratings for sleep apnea(SA) & hypothyroidism, totaling 60% and dated 15N
Chuck75
The argument is that SMC, by current law, should have been considered in 2001. It was not, and the VA failed in it's duty as required by law and regulation (nothing new!). That should be a CUE, not a
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