SMC S...Dont make this mistake!

[broncovet]

I went down a rabbit hole to nowhere.  I reasoned, that, if I got SC for sleep apnea secondary to depression, that I would make the "100 plus 60" for statuatory SMC S.  

Big mistake.  If you read the regulation, it says you have to have 100 plus an additional 60 percent seperate from each other.  So, if depression is primary, and sleep apnea is secondary to depression, then its not seperate, and I wont ever get to 100 plus 60, no matter whether service connected for sleep apnea or not.  The "secondary" provides a link that they are NOT seperate.  

I found this out recently.  

You MIGHT be able to get away with this, if you have an uninformed decision maker, but it wont fly on appeal.  

I will be dropping my sleep apnea claim for this reason.   

[ArNG11]

On 8/8/2016 at 11:53 AM, Gastone said:

ArNG. 61.73% (60%) gets the GOLD Ring with SMC S (1).If you haven't already done so, file an FDC for Increase/SMC S (1). At least establish the Retro Clock Date, right.

Just by filing the FDC Increase, causes the Rating Dept to look at your current rating and make a Decision, right or wrong. All your SC & VA Med records are in their hot hands already, should be able to get an FDC Decision in under 4 months, no real need for a C & P.

If they deny the Increase, quite possibly a VA Phantom Quality Control Sr. Rater will catch their mistake and reverse it, as they did in my 12/15 Award.

Semper Fi

I am planning on filing for the earlier effective date.  Even further I am also accounting for the fact that my possible future appeals will get me the numbers I need as well. Also trying to do this without going the CUE route.

 I want a copy of the  decision and those C&P's though,  those items will be important in my defense.  

When I spring the fact that my "back" claim should have considered, my neck, left hip, left radiculapathy, right radiculopathy, from the very beginning,  each having there own separate ratings that will play heavily on my numbers.  

All the pieces they have been approving along my claims history should have been considered from the get go, DUTY TO ASSIST.  The VA failed miserably with records they had all along.  The LOD that I found for the CSPINE injury and back injury, was there all along.  C-spine should have been developed by the VA, along when I claimed the Hips as part of the HMMV accident.  Those numbers will go back to 2012& 2013 and will make a difference for the higher ratings and earlier effective dates, which in turn will also change the relevance of SMC.

There are a lot of " if's "  & "and's" but I'm not the one who has been lying and breaking regulations and laws.  To quote  John Rambo" they drew first blood", and I am ticked!

In any case it is a pipe dream but I intend to see it through. Evidence is what wins claims.   But research is what informs you of your true entitlement and what you have earned.

Might as well say this to, I acknowledge I'm on heavy pain meds and probably am not thinking straight but laws and regulations don't lie.

 

Edited August 11, 2016 by ArNG11
Verbage

[ArNG11]

On 8/8/2016 at 11:53 AM, Gastone said:

ArNG. 61.73% (60%) gets the GOLD Ring with SMC S (1).If you haven't already done so, file an FDC for Increase/SMC S (1). At least establish the Retro Clock Date, right.

Just by filing the FDC Increase, causes the Rating Dept to look at your current rating and make a Decision, right or wrong. All your SC & VA Med records are in their hot hands already, should be able to get an FDC Decision in under 4 months, no real need for a C & P.

If they deny the Increase, quite possibly a VA Phantom Quality Control Sr. Rater will catch their mistake and reverse it, as they did in my 12/15 Award.

Semper Fi

I thought to do this before my records went to the BVA but they have already been sent according to VA.  Washington did confirm receipt as well. I had also signed a waiver of review along with my claim, however, other than receipt of my file, I can't seem to get any real answers from the VA.  IRIS and 800 for BVA have yet to confirm any dates or receipts of anything else.  

I think I am too eager to beat the VA in their twisted little game.  

SMC should have been on the table this last decision but I yet to get my hands on the paper copy.