SMC-S Question.

[taylor88be8]

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!!

 

[Buck52]

taylor88be8 =quoted

''I should have been awarded the “S” then but I did not receive the “S” until 2017 so yes even though I’m “L 1/2” now, that would be 5 years of backpay to TDIU P&T date (06/27/2012 to 11/28/2017)  for disability solely based on the reason I was unemployable''

This is true but it is rather confusing,  so If I was you I'd hire an experience law dog   some one like Chris Attig  or  Veterans Accredited  Claims Agent Alex Graham   (aka Asknod)

Or file a eed ptsd appeal and submit the paper work you have here  its in black and white  your  correct PTSD EED.  & See what happens? but make sure you was not paid back for that if you got any kind of retro back then?

However 8 grand monthly is not a bad income not bad at all.

Edited January 28, 2019 by Buck52

[Buck52]

I was granted TDIU W /P&T Disability expected to not improve in my life time with no future exams schedules from a statutory rating and I was not given the SMC S House Bound this was back in 2002 .

 I did not get SMC S House Bound until I filed for PTSD, I Kept hiding for years until I could no longer hide it...

anyway I was rated  70% for chronic PTSD ...WITH THAT RATING that is what made me meet the Criteria for SMC S  because it was a separate rating from my TDIU P&T Rating and it was above the required 60%rating to meet the SMC Criteria.

Maybe they have change that now.?..but I am ok with my 100% final degree rating with 2 SMCs...S & K

[seminoles]

54 minutes ago, Buck52 said:

I was granted TDIU W /P&T Disability expected to not improve in my life time with no future exams schedules from a statutory rating and I was not given the SMC S House Bound this was back in 2002 .

 I did not get SMC S House Bound until I filed for PTSD, I Kept hiding for years until I could no longer hide it...

anyway I was rated  70% for chronic PTSD ...WITH THAT RATING that is what made me meet the Criteria for SMC S  because it was a separate rating from my TDIU P&T Rating and it was above the required 60%rating to meet the SMC Criteria.

Maybe they have change that now.?..but I am ok with my 100% final degree rating with 2 SMCs...S & K

I had to fight HARD to get my SMC added after my TDIU  rating I held for years and then added separate sc one at 60%,  I did get it finally.........but with a HUGE fight.

 

[vetquest]

51 minutes ago, seminoles said:

I had to fight HARD to get my SMC added after my TDIU  rating I held for years and then added separate sc one at 60%,  I did get it finally.........but with a HUGE fight.

 

The VA is a strange bird.  I had to fight ten years to get my TDIU but was given SMC immediately.

[seminoles]

7 hours ago, vetquest said:

The VA is a strange bird.  I had to fight ten years to get my TDIU but was given SMC immediately.

yes they are and it varies from RO to RO and even from rater to rater!

[taylor88be8]

On 1/28/2019 at 7:20 AM, Buck52 said:

I believe he can get a 30%increase from 2012 to Jan  2919 now or the present

if he was granted 70%for PTSD in 2012 and recieved an increase in 2018  his effective date should be 2012 for the PTSD   ..Now Being he has the grant of SMC being L 1/2     I would just file for the correct effective date on the PTSD.  It would be a pretty good hunk of change.

sometimes when they can go back and check for any mistakes they made and correct them   its ok if its for the veteran  but if its in their favor  usually results in reduction.

 

 Note: John 999  On his documents just clink on them  2 or 3 times as each time you clink on them they enlarge.  I had to clink 3 times before I could read them.

Would the effective date,  go back to 2012, for PTSD, the day after I medically retired (06/27/2012) since I MEB from Army or is the effective date for increase, the  date I filed for and was given increase in 2018? 

Thanks for the advice by the way! 

Edited February 19, 2019 by taylor88be8
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