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Opinions Wanted Please On Filing For Smc S

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glider222

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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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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 records. If and when the VA needs to see

Them I will provide them, but until then I am steering clear of the VA healthcare system. It also frees up a spot for

Another Veteran.

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  • HadIt.com Elder

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.

Good pickup Chuck, I should have caught that! Gettin' old sux! ;-)

pr

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  • HadIt.com Elder

I kinda feel the same way as glidder222, we all know how the healthcare is at the VA.

Some of us are lucky to have a good understand VA Dr. some of us are not so lucky.

as for as her not trusting the VA on opening up old claims if she files for the SMC,'s I Would question this also, the VA can do anything they want even when we have a protected rating.

I been TDIU P&T for almost 14 consecutive years and recently diagnosed with PTSD meeting 3 of the 4 parts of the criteria, and Severe Mild Depression and an Unspecific depressive disorder, however I don't want them to take my TDIU P&T away.

if I get a Rating with PTSD, IF they would look at the PTSD and just rate me for it and if that rating meets the criteria for SMC's then sure I'd file for the SMS's add the rating to my 90%combiend present rating additional rating would need to be 60% TO 70%PTSD Rating..

but with TDIU P&T that's supposed to be a 100% rating but knowing the VA will they consider that?

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

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Understand your thoughts about VA doing what VA wants to do. But when you get into the SMC-s, you're talking about a mandate for the money. If you have no use for the back pay and $300.00+ monthly increase, you can send it to me....LOL

We are not stupid VETS, unless you ask VA about us. Forums like this one helps us in keeping VA in place. Bottomline,
Just Do IT

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Update. I spoke at length with my State VSO about filing for the SMC S. His contact at the VA office tells him it is a

Sure thing and I should file it. Both of these VSOs are older and very good at what they do. Except for, they say I can only get retro from the time of intent to file which would be June of this year.

That left me feeling like I know more than they do........ Because of this wonderful forum. I would never say that to them....however,

Wouldn't I be eligible for retro at least back to Bradley vs Peake in 2008? I did ask my rep about Bradley vs Peake and he said, no

You are only edible from the date of your intent to file in June 2015.

Technically speaking, I was eligible back in 2002. Would I need a lawyer to get retro back to 2002? Does anyone think I could successfully file on my own back to 2008?

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One more thought. Why do I have to file anyway? Shouldn't this be inferred? Now that the head VSO at our Regional

VA office knows about this shouldn't he be able to walk upstairs and say this should be inferred? Why don't they know this?

These VSO guys are good ones and they help a lot of Veterans that I personally know. It concerning that they do not know

These seemingly small but very important "loopholes" or should I say rules.

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