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taylor88be8

SMC-S Question.

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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Ok.  Both SMC S (housebound) and SMC L (Aid and Attendance) are both lower ratings than your SMC L 1/2.  So, if you are SMC L 1/2, you can not get SMC S, because you are already getting more than that.  

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10 minutes ago, broncovet said:

Ok.  Both SMC S (housebound) and SMC L (Aid and Attendance) are both lower ratings than your SMC L 1/2.  So, if you are SMC L 1/2, you can not get SMC S, because you are already getting more than that.  

Thanks for the reply.   My question would be, if I’m TDIU P&T, for a disability that was the cause of me being medically retired from service permanently, since (2012),

the day after my medical retirement with a 70% TDIU P&T and increased to 100% P&T scheduler, for same disability that I was put on TDIU P&T for, would 2018 or 2012 be the effective date of increase,

to 100% P&T? 

 

Thanks. 

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I couldn't read your decision letter very well, but since your pay is the same as TDIU or 100% scheduler I don't see the increase as being meaningful.  You got your SMC  L 1/2 so are you asking about the EED for the SMC or your 100% P&T.   You can't get HB and L 1/2 at the same time.  Just refresh what you said about the date you got 100% scheduler?  Was it 2012 or 2018?  I understand about getting "S" when you have a total rating and then another 60% regardless if you are TDIU or Scheduler.  When I did try and read your decision I could not make heads or tails out of it.

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I think you have a great case for either filing a cue for an eed, or appealing, if you are still within a year.  Here is why:

See this: https://www.law.cornell.edu/uscode/text/38/5110

Especially this (pertinent) part:

Quote

(b)

(1)
The effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.

It sounds like you applied within a year of service.  Also see the portion on INCREASE.  

 

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