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ValpoVet

Does the Disabled Vet have to ASK for Special Monthly Compensation

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FIRST...."THANK YOU" all for your service to this grateful nation!  I am the wife of a Vietnam Vet, Navy.  

I "FINALLY"  got him to apply for benefits, (Intent to file 8-26-16), and he is to see the VA doctor tomorrow, Chicago.  (Ischemic Heart Disease). (METs 1-3) I have YEARS of private doctors records of when he had his heart attack 2004.  He had to stop working in 2007.  He had to wait one year, (NO INCOME) for one year until he could take early retirement.  

While I am doing all the research I can I am unsure as to 'how' or 'if' he/(me) is to ask for Special Monthly Compensation if, in fact, they deem his disability worthy.  

Please help me....help him!!  

Thank you all.  

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Thanks for the answers to my questions.

You did some great VA homework! You know his ship is on the AO ship's list!!! 

Make sure the VA knows that.

I bet not a single incountry or Blue Water AO vet had any heart disease in service.

Reason I ask is because they denied my AO IHD death claim (I am a Nehmer claimant) stating my dead husband's  SMRS did not reveal any IHD in service.(1st MARDIV Amphibious Tractor Battalion, Danang Vietnam ,1965-1966.)

I filed a CUE on them , probably the very same day, making the point that most incountry Nam vets were kids,still in their teens, when they were sent to Vietnam and the regulations did not specific that IHD had to be in their SMRs under Nehmer, and I Cued them under 38 CFR 4.6. The award was here not long after that...in mere weeks...I filed the CUE also as a complaint with IRIS.

The rating schedule, when applied to the C & P exam results will give you an idea of what his rating will be.

Buck is right. I had to file CUE on a 1998 decision which clearly revealed the veteran ,my deceased husband,was clearly eligible for SMC. I filed in 2003, another CUE in 2004 specifically on the IHD, and the Nehmer VARO , after  the denial snafued, awarded those CUEs and the IHD claim.

His EED was 1988 for the IHD, which the VA never diagnosed or treated.

Although it was a malpractice issue ( 1151 and FTCA award )they awarded it as presumptive.

The most recent AO Ships list ( and this includes the C 123 exposures) is here:

http://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp

 

 

 

 

 

 

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SMC is explained well in the link to asknod's wordpress explanation , and in other posts  below the unanswered questions in this forum.

SMC is mandated that, whenever the veteran's service connected disabilities warrant SMC consideration, then the VA must consider and award SMC or give a full rationale as to why they denied it.

No veteran should need to apply for SMC.

This link ( Matt Hill is a member here) includes the IHD schedule of ratings when AO IHD regulations came out.

https://www.hillandponton.com/va-disability-ratings-for-heart-disease/

I assume he is scheduled for a C & P exam tomorrow.

If this exam is done at a VAMC he can get a copy of it via ebenefits ( If he has signed up there)

or with a brief request under the Privacy Act 5, USC 552, to their Records access officer, but if the VA farmed the exam out to a contracting doctor, the VA will not release the C & P exam results until they have made a decision.

Is he claiming his IHD is due  to service in Vietnam, or does he meet the criteria for the Thailand, or Korea Agent Orange regulations?

If not does he claim  AO exposure elsewhere?If so where?

Veterans have won AO exposure claims who were  exposed in CONUS,

Okinawa, and other locales by proving the AO was used where they served and that their MOS exposed them to it.

If he is claiming AO IHD due to serving aboard a ship in the 7th fleet during the  Vietnam war we can find out if his ship is on the AO ship's list, and this list by VA recognizes exposure of Navy veterans to AO on certain ships, vessels, landing crafts, etc etc long list.

 

Do his SMRs reflect treatment for heart disease?

(SMR Service Medical Records)

Does he receive SSDI ( Social Security Disability Insurance payments?

I

 

 

 

Edited by Berta
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Sit back and try to relax. Wait for the Award Letter, then we can talk Turkey.

If you haven't already done so, set up your VA Direct Deposit Bank/CU account to Txt & Email you regarding all Financial Transaction in real-time. VA Retro usually hits well in advance (up to 3 mos) before you receive the actual Award/Denial Letter.    Semper Fi

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@ValpoVet

Basically a Veteran that is  100% S.C or  combined rating for TDIU P&T. and has another S.C. disability separate from his Current Disability's and that separate S.C. disability is 60% rating or higher , that qualify the Veteran for SMC S  and any other S.C. Disability's more server the SMC  Special Rating table claimes up in the SMC Pay rate chart.

VA is suppose to award the SMC  When this happens as a mandatory  Award but they don't always do that..The Veteran can request the SMC if he needs to.

jmo.

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ValpoVet

I think what Gastone  is referring to is that if your hubby is awarded rerto compensation, have your Direct Deposit in order  ( Bank routing ## ) if he is on Direct Deposit & has his disability comp sent via Direct Deposit and you confirm this   ..then nothing to worry about, Usually the retro hits the Bank Account before you get the award letter/Notice sometimes 3 or 4 months before.

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