tdiu Opinions Wanted Please On Filing For Smc S

[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.

[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 15NOV2001. To my way of figuring, they owe you between $40k-$50k retro to 15NOV2001. Members like Asknod, Broncovet, Berta, $ others, will probably chime in and add their opinions, in case I've missed something.

pr

[Vync]

With your P&T effective date being greater than 10 years old, you are afforded some extra protection

[Chuck75]

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.

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 simple NOD.

I'd not withdraw any statutory claim to SMC if I were in your position.

Within the last year, I used the secretary email option to get the VA to correct a similar situation.

The secretary (personally) and his minions have the statutory responsibility and authority to correct obvious administrative errors.

Edited August 5, 2015 by Chuck75

[FormerMember]

Unless P&T is determined to be CUE or the claim was granted on a false premise, it is protected once it is P&T. In claims rated less than P&T, the five year mark with no substantive changes for the better is protected. The ten year mark is a benchmark for your spouse to receive DIC benefits and has no bearing on a rating. The 20 year mark makes it bulletproof and immune to the Big Bad Wolf.

We can readily understand why everyone wants you to get the SMC. It's a sweet pot. I just got it in May back to 1994 and it was almost $71 K. Push print and send it in. You were substantially protected by 2007 and will be 20 year immune by 2021. Unless you committed fraud, you are good to go.

[glider222]

Thanks everyone! I certainly am not afraid of fraud as it is not in my nature. I'm am still treated for each and every disability plus some. I do not go to the VA as I am blessed with great healthcare. Again, thank you for all of your responses. I will update after I talk with VSO on Friday.

[john999]

If I were you I would probably at least get my SC disabilities treated at the VA even if it is just a few times a year. Every time you get treated for a SC condition at the VA they document it and this builds up a mound of evidence for continuity of symptoms. I got TDIU P&T in 2002-3. I got "S" in 2008. I got the extra 60% I needed due to using the VA since the VA discovered the condition that led to my increase above and beyond the TDIU. I actually have Total plus 80% that includes one 60% rating, one 20% and four 10% ratings. I think that is 80%.

Like others I would file for the Housebound.

John