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SMC S awarded never paid

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Msgt Ret

Question

I was awarded SMC S and have not been paid. I submitted a claim for compensation and was told to submit VA Form 21-2680 my problem is I was awarded this in 2012 back dated to 2010. I received a increase in compensation but did not know of the monetary benefits of SMC S. I am afraid that the “VA” is attempting to award in 2018 and not pay retroactive. I was also told when I called the 800 number that it was a mistake and I did not rate SMC S.

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  • HadIt.com Elder

ok I got his ratings figured out  he does have a 100% combined rating for

TBI =10% EFFECTIVE DATE MAY 21ST 2010

DEPRESSIVE DISORDER =50%  EFFECTIVE DATE  MAY 21ST 2010

Lumbar DISK SYNDROME  =10%         EFFECTIVE DATE MAY 21ST 2010

                 (Back Condition)

BLADDER DYSFUNCTION   20%         EFFECTIVE DATE MAY 21ST 2010

PERIPHERAL NEUROPATHY RIGHT LOWER EXTREMITY  =10% EFFECTIVE DATE MAY 21ST 2010

These ratings would be a 100% total rating and he don't need the extra scheduler 4.16 (b) regs to get hi to the IU.  However he still needs an addition 60% rating to meet the criteria for SMS S...but does the TDIU P/T   MEAN TOTAL??  AND SHOULD BE INFERRED  TO THE SMC S  H.B.AS A  Statutory  Rating?  

 

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The only claim at BVA I found remotely close was this:

https://www.va.gov/vetapp15/files4/1532664.txt

But the Docket # is 11-08-983---------still it is from Georgia, and from a retiree.

"THE ISSUES

1.  Entitlement to a disability rating greater than 10 percent for status post anterior cruciate ligament repair and degenerative joint disease of the right knee (previously, right knee injury and surgery) to include entitlement to a separate compensable rating for right knee instability prior to August 25, 2010.

2.  Entitlement to a disability rating greater than 10 percent for left knee strain (previously, left knee injury and surgery) to include entitlement to a separate compensable rating for left knee instability prior to August 25, 2010 and entitlement to a temporary total evaluation due to June 2013 left knee surgery pursuant to 38 C.F.R. § 4.30.

3.  Entitlement to a total disability rating based on individual unemployability (TDIU), to include on an extra-schedular basis pursuant to 38 C.F.R. § 4.16(b) prior to May 21, 2010.

I live at a high elevation and the wind is causing me some problems today ( PC  Satelitte dish) - maybe someone else would be willing to do a BVA search.

I did not get the pop up to post as a text.

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M, locating your BVA Decision shouldn't be this difficult. What VSO oeVA Attorney Represented you on Appeal? Don't you have the Complete RO or BVA Decision AWARD Letter? 

You've posted select pages but seem to be dragging your feet regarding the Rater's/BVA Judges explanation regarding the Final Decision, why would that be?

Without further supporting evidentiary information, we are left to believe you were never eligible for SMC S Housebound, nor did you ever receive it.  No proposed Reduction Letter addressing SMC S?  

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  • HadIt.com Elder

Gastone is right there should be more informative information on the grant and/or reduction of the SMC?

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1. I had no attorney.

2. What I posted was everything that was sent to me.

3. I am that person from Georgia and a MSgt. Retired Marine.

4. Gaston Miss Bertha pulled up the BVA letter and that is me. I have not posted select pages I posted the pages that I was provided no other pages were provided to me and I’m not seasoned enough to know what I should’ve received and what I should not of received. I am being completely honest and I Thank all of you for you time and help. I asked for assistance just because of everything that I posted.

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