100% P&T with SMC with appeal

[ShuMan]

I recently was awarded 100% P&T with SMC (100% mental health, plus many others) but I've had an unrelated appeal going since 2015.

Should I cancel the appeal now? I know I would sacrifice some back pay but I do not want to risk losing my P&T plus SMC status.

[doc25]

1 hour ago, ShuMan said:

I recently was awarded 100% P&T with SMC (100% mental health, plus many others) but I've had an unrelated appeal going since 2015.

Should I cancel the appeal now? I know I would sacrifice some back pay but I do not want to risk losing my P&T plus SMC status.

It's at your discretion. Some people would recommend not to pursue the appeal, Some would recommend to continue. 

If you were granted 100% recently, I don't think you would be penalized for it if you continue with the pending appeal. Usually, administrative review is done within 5 years of a granted claim. I'll double check though.

My suggestion would be to continue with the pending appeal, because the ratings are capped at 100% anyway, but if the appealed claim is granted, it could be added on for SMC; depending if it meets SMC criteria.

 

[broncovet]

What is the appeal for?  Would the effective date of the appealed issues precede the effective date on your P and T?  

Assuming it wont result in additional retro, as above, then it boils down to your spouse.  Let me explain:

Your wife can get DIC if you die of a SC condition, OR, if you die from any conditiion after you have been rated 10 years.  

I will give a hypothetical example: 

     Lets say you have a cancer which is not service connected, and PTSD which is SC and you have been 100 percent for PTSD since 

2017.   In this example, it could help your wife get DIC, as you could die from cancer, but PTSD is usually not fatal.   However, if DIC is off the table, with 100 percent plus SMC (S)? then I would not bother.  

In other words if there is no money in it for you or your spouse, forget it.  

[ShuMan]

3 hours ago, doc25 said:

It's at your discretion. Some people would recommend not to pursue the appeal, Some would recommend to continue. 

If you were granted 100% recently, I don't think you would be penalized for it if you continue with the pending appeal. Usually, administrative review is done within 5 years of a granted claim. I'll double check though.

My suggestion would be to continue with the pending appeal, because the ratings are capped at 100% anyway, but if the appealed claim is granted, it could be added on for SMC; depending if it meets SMC criteria.

 

Thanks!! I'm on the fence right now If I will do it or not. 

[ShuMan]

1 hour ago, broncovet said:

What is the appeal for?  Would the effective date of the appealed issues precede the effective date on your P and T?  

Assuming it wont result in additional retro, as above, then it boils down to your spouse.  Let me explain:

Your wife can get DIC if you die of a SC condition, OR, if you die from any conditiion after you have been rated 10 years.  

I will give a hypothetical example: 

     Lets say you have a cancer which is not service connected, and PTSD which is SC and you have been 100 percent for PTSD since 

2017.   In this example, it could help your wife get DIC, as you could die from cancer, but PTSD is usually not fatal.   However, if DIC is off the table, with 100 percent plus SMC (S)? then I would not bother.  

In other words if there is no money in it for you or your spouse, forget it.  

Good point, so the appeal is for physical conditions (none that will most likely kill me.. knee, flat feet, ect). 

There could be a sizable retro pay involved 20k plus, would you still do it?

Could I loss my P&T or SMC?