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jfrei

Never formally applied

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I never actually formally applies the woman in charge don’t waste my time a year ago I’ll deny you can drive to your appointments. Fast forward one year I’ve been going to treatment for two years for my TBI I was put on SSdI and made 100 p and t. Just recently I’ve been seeking care for myself, along with my two children 1 and 4 so I may attend my 2 to 3 appointments a week for cognitive therapy. Now my wife has to continue working a part time job so we don’t lose our home. I was denied SMC they said because I can swallow a pill on my own and they never addressed actually remembering to take my meds. But I’m tired of the appeal game and I am already talking to a vso who is reviewing my case. I have two letters from my doctors saying I’m in treatment for my serious injuries and another one suggesting 2 to 3 appointments are needed weekly to regain the highest level of functioning again. But then says I need my spouse for my medication management. Should I actually formally apply to the caregiver program on Monday? 

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If you think you meet the criteria, by all means apply.  No apply = no benefits.  This said, SMC is inferred when you meet the criteria, so, if you can show you met the criteria earlier, you should get that date for your effective date.  

Edited by broncovet

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I know if I wanted to I could fight for an EED for 100% P and T I didn’t magically go from 90 to IU then P and T all in one year like the paper trail they have shows. I should have had it back dated to July 2010 not Nov. 2016. But that’s a discussion worth having with the VSO whenever he finishes reading my claim issues. I will email him on Monday since it’s been almost a week with no word...

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Of course, you can "fight" VA for an eed, the issue is whether or not you can win that fight.  To find out, it would require a thorough read and invesigation of your claims file by someone skilled at VA law.  Your VSO is likely "out of his league" on effective dates.  You probably need a professional, that is, an attorney.  

One reason is that GS7 raters dont have the authority to approve a document which will result in 100,000 or more retro.  That takes a judge.  The VA wont tell you this..they would rather you give up.  

You can send your most recent bva decision to a law firm, and they can evaluate whether or not you have a good shot at an eed.  If they offer representation, then you know you have a good claim, and high likeliness of winning.  

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so being that they said my EED was June of this year and not when I filed from 2010 can be appealed? If that’s correct that would make my so called 90% over the 100 hump backdating my. 100 to 2010 and not 2016. This game gets so confusing..

 

Edited by jfrei

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Finally officially applied and the  CG manager said it would take 30-60 days for a decision?Really my Poly trauma manager laughed when I suggested I also send a copy to the address on the application see who gets done first.

Edited by jfrei

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