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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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Yes you can  but that's just my opinion..

Member & ELDER /Moderator broncovet is the EED Expert he can shine more light about your EED Question

I always believe a veteran is entitle to his/her EED from the date first filed or facts found.

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On 1/27/2019 at 8:17 AM, taylor88be8 said:

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!!

 

No SMC S is not automatic just because you were awarded TDIU based on one condition, because  In addition to the TDIU , You must have also have  a separate rating of 60% or more for an automatic award of Housebound SMC S

You medical retirement date will have nothing to do with increased ratings, in your case from 70% to 100%.  The award date of the 100% should be the date you applied for the increase  not earlier and certainly not back to your retirement date.  

Apparently there was a need for A&A and you were awarded the  SMC L ... you then must have had a separate rating of 50% or more to get to the 1/2 Step. or  L 1/2 

 

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On 1/27/2019 at 8:17 AM, taylor88be8 said:

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!!

 

No SMC S is not automatic just because you were awarded TDIU based on one condition, because  In addition to the TDIU , You must have also have  a separate rating of 60% or more for an automatic award of Housebound SMC S

You medical retirement date will have nothing to do with increased ratings, in your case from 70% to 100%.  The award date of the 100% should be the date you applied for the increase  not earlier and certainly not back to your retirement date.  

Apparently there was a need for A&A and you were awarded the  SMC L ... you then must have had an addition   rating of 50% or more to get to the 1/2 Step. or  L 1/2 

 

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16 hours ago, Richard1954 said:

No SMC S is not automatic just because you were awarded TDIU based on one condition, because  In addition to the TDIU , You must have also have  a separate rating of 60% or more for an automatic award of Housebound SMC S

You medical retirement date will have nothing to do with increased ratings, in your case from 70% to 100%.  The award date of the 100% should be the date you applied for the increase  not earlier and certainly not back to your retirement date.  

Apparently there was a need for A&A and you were awarded the  SMC L ... you then must have had an addition   rating of 50% or more to get to the 1/2 Step. or  L 1/2 

 

Actually the EED could be 1 year prior to the intent to file date/date claimed filed for increase, as long as there are medical records showing an increase was warranted. 

38 CFR 3.400 -

Disability Compensation - Earliest date as of which it is
factually ascertainable based on all evidence of record that an increase in disability
had occurred if a complete claim or intent to file a claim is received within 1
year from such date, otherwise, date of receipt of claim.
When medical records indicate an increase in a disability, receipt of such
medical records may be used to establish effective date(s) for retroactive
benefits based on facts found of an increase in a disability only if a complete
claim or intent to file a claim for an increase is received within 1 year of the
date of the report of examination, hospitalization, or medical treatment.
The provisions of this paragraph apply only when such reports relate to examination or
treatment of a disability for which service-connection has previously been established

Edited by MrStryker
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On 2/22/2019 at 3:18 PM, Richard1954 said:

No SMC S is not automatic just because you were awarded TDIU based on one condition, because  In addition to the TDIU , You must have also have  a separate rating of 60% or more for an automatic award of Housebound SMC S

You medical retirement date will have nothing to do with increased ratings, in your case from 70% to 100%.  The award date of the 100% should be the date you applied for the increase  not earlier and certainly not back to your retirement date.  

Apparently there was a need for A&A and you were awarded the  SMC L ... you then must have had an addition   rating of 50% or more to get to the 1/2 Step. or  L 1/2 

 

When I filed a notice of disagreement,                  

in (June 2012)  for a (50%)  PTSD/Post

Concussion Syndrome was then granted a (.  

(70%)  PTSD/Post Concussion   “TDIU P&T”  

in   “August 2013”   and  received  a  

(100%)  PTSD/Post Concussion

 “P&T  scheduler.” 

Wasnt the   “TDIU”   in   “June 2012,”  considered a claim for increase?  

If I was medically retired permanently, from service for the PTSD/Post Concussion Syndrome on (June 27,2012) would that matter as far as “effective dates”  go? 

 

If if I was approved for the VA Caregiver in (2012) and didn’t know anything about special monthly compensation, to include housebound or aid and attendance in 2012!

 

Could I possibly ask for effective date on SMC(l) based on the veterans grant of the VA Family Caregiver back in 2012?

What about social security disability effective dates when they award you 

 

Edited by taylor88be8
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