*** should va have filed**

[david dupe]

in 2005 I was granted tdiu 100% sc p/t. cad 60% sc, and five others rated at 10% sc. when I was awarded this (1) should they have filed for smc etc. at this time? (2) if they should have filed, can I go back and request for them to back date it?

Thanks!!!

[Buck52]

No,I think you missed the boat like I did my TDIU P&T Award date was 2002,

ok  in 2010 they change it up so the veteran can get the SMC S House Bound with Howell , because the veteran can't leave home for work making him actually House Bound

if you get a good VA Experienced Attorney  he could possibly fight this for you for an EED on the SMC?

I  choose to leave it alone , in 2015 I  filed another claim and a 70% S.C. Rating got the SMC S.H.B. with another separate and distinct S.C. Rating of over 60% that met the SMC S Criteria.

OTHERS CAN CHIME IN .

[FormerMember]

Actually, no. SMC is due and payable the moment you prove entitlement to it. It doesn't even require filing a claim by law (Buie v Shinseki).  Once your medical records show you have loss of use of an extremity(ies), VA will pay you back to that day. It's dicier to prove A&A but you get the idea. If your records show you had ED and were entitled to LOU of Creative Organ in 2008, you'd be entitled to that date. This only works for SMC.

SMC is supposed to be deduced from the evidence of record when you are rated. If they miss it, the entitlement doesn't go away.

[david dupe]

A&A smc all of this is hard for me to grasp since my Stroke.

i guess I'm going to have a MD go through all my med records, exam me and research what I do or do not qualify for pertaining to A&A Smc etc. fill out form 21-2680 then submit it...

is this a beneficial way to do this??

[broncovet]

The short answer:  We dont know, but, if you do meet the criteria, I agree with Alex that you get smc back to the time you DID meet the criteria.  There are 2 roads to SMC S, and you could meet either or both.  One is statuatory smc s, the other is housebound in fact.  If you meet the crieteria either way, you should get smc s.  

What we dont know are your ratings "seperate and distinct" from each other.  Its not enough to get  "just' tdiu or 100 percent and an additional 60 percent, but those have to be seperate and distinct from each other.  This is complicated because we dont know what disabilities the Va rated you tdiu FOR.   For example, were you tdiu for CAD, for PTSD, for both, or from something else?  We dont know that.  

I suggest you simply apply for SMC S..that should be an easier route to get it than filing a CUE that they didnt give it to you, even tho both of these could work.  You may have to fight for an earlier effective date..because VA pretty much wants you to fight your entire life to get/keep your benefits by doing stuff like chopping claims up into little pieces and giving you only one piece at a time, then taking 5 to 20 years to give you each piece.  

Finally, we dont know for sure if you meet the criteria for SMC S under "housebound in fact", but I suspect that, under Howell, you do, since you are apparently not working due to sc conditions.  We also dont know when you became unable to maintain SGE due to sc conditions, so we dont know what your effective date would be.  

Edited February 5, 2019 by broncovet

[david dupe]

Reasons for decision of I:u

C&p md stated after his exam, that I have significant limitation of standing,walking, and activities of daily living and are unable to pursue gainful physical or sedentary employment.  (Would this statement automatically qualify me for A/A smc and file for back pay to 2005 the effective date, since they didn't automatically file it????)

according to the decision paperwork, I was granted I/u on a combination of all my ratings listed below, I also have a letter from my pc md stating I was unable to maintain full time employment because of all these1. 7005 cad associated with hypertension 60% sc. 2. 5212 residuals,fracture,right elbow,radial head (major)   10% sc 3. 6600  copd 10% sc 4. 7101 Hypertension 10% sc. 5. 5242 Mech low back pain with degenerative disc disease, residuals of fusion at L5-S1 10% sc. 6. 9440 anxiety disorder 10% sc. they made this effective 2005. I last worked in 2004.

 

 

 

Edited February 5, 2019 by david dupe
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