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SMC-S Question.

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taylor88be8

Question

If I was awarded 70% TDIU P&T in 2012,  for solely based on PTSD/Post Concussion Syndrome, should I have been awarded SMC-S based on that?  

Does being medically retired for PTSD/Post concussion syndrome on  (June 27, 2012) do anything for effective dates, that I might be awarded now, Like aid and attendance effective dates or when my TDIU P&T Of 70% PTSD was increased in 2018 from 70% to 100% PTSD with a effective date of 2018 not back to my original claim date of medical retirement? 

I’m SMC- L 1/2 by the way   

Thanks!!

 

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  • HadIt.com Elder

I don't really understand your question if you are at SMC  L 1/2  ??

Unless its the EED your after  ...if they never gave you the SMC S back is 2012  when you got the IU? at 70% because you could not work. 

Then you must have Appeal that decision ? to get the IU?

One of the main parts here is your NOD 

If you Appeal in a timely manner after you recieved the decision back then and kept your Appeal on going? 

if not you can request a reopen or Possibly file CUE but you really need to be exactly correct to file the CUE...

If you were Awarded the PTSD at 70% and now your 100% with SMC L 1/2

Make sure they didn't include your EED when the awarded the 100%for PTSD? and granted the SMC L 1/2

You possible can get the EED on the SMC S H.B....If they awarded the IU to you back then and did not grant the SMC S H.B.  I believe CFR 38 3.50 (I) (3). Will need an additional sc separate and distinct from a another s,c, disability rated at 60% or higher   from a 100% sc disability.

In other words you need to be 100 % or IU  and then have another separate sc disability rated at 60%

If your award letter states that your sc disability is  NOT expected to not improve in your life time and you have no exmanations scheduled that will help with the SMC S H.B.  from 2012 to the now current SMC L 1/2

They will fight you tooth and nail on this EED so be prepared for a tough fight.

* (you may need to hire a good attorney for this)

Check with Elder member and Moderator broncovet   he is in a dog fight with them about EED & IU for the grant of SMC S H.B.  dating back to 2002/2003?he knows the better regulation on this than I do.

Edited by Buck52
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1 hour ago, Buck52 said:

I don't really understand your question if you are at SMC  L 1/2  ??

Unless its the EED your after  ...if they never gave you the SMC S back is 2012  when you got the IU? at 70% because you could not work. 

Then you must have Appeal that decision ? to get the IU?

One of the main parts here is your NOD 

If you Appeal in a timely manner after you recieved the decision back then and kept your Appeal on going? 

if not you can request a reopen or Possibly file CUE but you really need to be exactly correct to file the CUE...

If you were Awarded the PTSD at 70% and now your 100% with SMC L 1/2

Make sure they didn't include your EED when the awarded the 100%for PTSD? and granted the SMC L 1/2

You possible can get the EED on the SMC S H.B....If they awarded the IU to you back then and did not grant the SMC S H.B.  I believe CFR 38 3.50 (I) (3). Will need an additional sc separate and distinct from a another s,c, disability rated at 60% or higher   from a 100% sc disability.

In other words you need to be 100 % or IU  and then have another separate sc disability rated at 60%

If your award letter states that your sc disability is  NOT expected to not improve in your life time and you have no exmanations scheduled that will help with the SMC S H.B.  from 2012 to the now current SMC L 1/2

They will fight you tooth and nail on this EED so be prepared for a tough fight.

* (you may need to hire a good attorney for this)

Check with Elder member and Moderator broncovet   he is in a dog fight with them about EED & IU for the grant of SMC S H.B.  dating back to 2002/2003?he knows the better regulation on this than I do.

 

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