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Need assistance got DRO Hearing Soon wirh no rep??

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I am appealing Earlier Effective Dates for SMC S...Aid and Attendance...and Female Gyn Conditions...and CUE ..I thought i had a handle on things but im starting to feel unprepared. Any assistance would be appreciated. Thnx for your assistance.

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What's the Date of the DRO Hearing? Might be time to sign a POA with a VSO located at your RO, they will provide  Rep to accompany you to the Hearing.

What New & Material Evidence have you supplied post-filing of your NOD, that supports each Appealed Issue?

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What is the level of appeals you are at?  My advice is:

1.  If you got denied by the BVA dont even think of going to the CAVC without an attorney.  

2.  If you got denied by your VARO, then you could self represent or get a VSO at a DRO hearing.  I would get a representative who had been through a few hearings already.  

    The most important thing you can do at your hearing, IMHO, is to have a copy of your cfile in hand, and compare it to the one that your hearing officer has.  If there is stuff missing, hand them a copy of the missing stuff.  

     The reason is I cant tell you how many times the VA has denied Vets for lack of evidence, when the Vet already has said evidence, but it did not make it to the decision maker for what ever reason.  

     Other than making sure the evidence is correct, mostly I would suggest saying less is better than saying more.  Its okay to show point out evidence of how you meet the criteria, but I dont recommend you tell VA how much you need the money, or for what purpose.  

     In regard to SMC S (housebound), there are 2 ways to get that:

1.  "Statuatory" housebound.  The effective date here should be the date you were 100 plus 60.  

2.  Housebound in fact.  This would be the date the doc said you were substantially confined to the premises.  

      The effective dates for SMC are different than the effective dates for "regular" service connection.  Why?  Because SMC is always inferred..so the "date of claim" should have no effect..it should be the date you met the criteria.  Example:

       Lets say I apply for SMC S in April, 2018.  But I have not worked and left the home "for work" since 2004.  Then, according to the way I interpret Howell, the effective date should be the later of the date I first applied for benefits, or the date I did not leave the home for work.  

      Read this over:

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

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1 hour ago, broncovet said:

 

      The effective dates for SMC are different than the effective dates for "regular" service connection.  Why?  Because SMC is always inferred..so the "date of claim" should have no effect..it should be the date you met the criteria.  Example:

       Lets say I apply for SMC S in April, 2018.  But I have not worked and left the home "for work" since 2004.  Then, according to the way I interpret Howell, the effective date should be the later of the date I first applied for benefits, or the date I did not leave the home for work.  

     

Factually, what you say is true, but there are many cases were the va doesn't even consider SMC S

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They are many cases where the Raters never read far enough into the claim.

broncovet is correct about bringing any evidence you have to your Hearing.

Just hope you get a veteran friendly DRO or at least a common sense one .

if the DRO says he didn't see that or read that  b/c he didn't have it or it was not available to him  you will have it and remember to have proof of record to anything to say to the DRO. (back up what you mention)

 Remember Credible Evidence is what wins claims. period.

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Thnx for the responses...The DRO hearing is June 5....not sure if there is enough time to get a VSO rep??? I do have new supporting evidence but believe that they totally disregarded evidence in the record... the rep decided to combine my gyn and mental conditions which made me unable to get SMC S...My ratings at the time were 100 Unemployable,  70 Mental, 50 Chronic Pelvic Pain, 30 Hysterectomy...i was awarded SSDI solely for Mental in 2004. Additionally, my mental was increased to 100....The 70 alone could have been used to grant SMC S...There are other issues too...i will upload my last decision letter. Im disputing denial from Arthritis and Urinary Incontinence...There were errors in my last decision letter...They claimed to have used my SSDi file but it is not listed in evidence...I have inservice treatment records that include consult to neurology for Arthritis but they say no evidence...I can upload my last decision letter so that you can better advise me...let me know where i may upload it to???

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Well, we cant say if you can get a VSO up to speed in time.  You should probably prepare to do it yourself, unless you can find one that fast.  

..Highlight your key evidnce so you know what is in your cfile.  

REMEMBER:   SMC is inferred, so dont worry about the date you applied.  Its all about when you met the criteria for SMC S.  

ASK questions, and dont try to appear smart.  Just ask them,

What would need to happen to get an earlier effective date??What evidence do you need to show an EED?

(He may just tell you just what you need.)  

Ask also why is it you dont qualify for  mm yy date.   (The effective date you think you should get). 

READ THIS:

http://www.purpleheart.org/ServiceProgram/Training2011/W-2 Common VA Effective Date ErrorsL.pdf

FOCUS on the one(s) you think apply to you.  

 

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