Smc Correction-

[Guest Berta]

I posted some where that, as an example of SMC awards, a veteran who is entitled to A & A, and has a 100% SC disabilty and also I used service connected loss of both hands and suggested this vet is entitled to the SMC "K" award for each hand-

I just realised that the SMC M award would provide a higher SMC rating-

for loss of use of both hands.I think I used my husband as example as I have CUE filed under Sec 1151 SMC as well as claim under Nehmer retro for SMC.

It looks to me like the difference is quite large-

A vet with a spouse today who gets 100% and A & A would get $2,990 per month under "L". the "K's are only worth about 84.00, so therefore a vet with spouse with both hands- loss of use of- or both feet loss of use of is looking at $3,285 per month if they get the SMC "M" award.

question- does the VA actually consider the veteran for the highest level of SMC that medical evidence in the c file will support or does the claimant have to spell it all out to them as to what level the claimant would fall into for proper SMC award ?

[Jay Johnson]

It definitely needs to be spelled out. I have never heard of the VA awarding anything more then was asked for by the veteran (I'm sure it happens, but rarely).....I would simply quote the regs to them on the matter and ask for the higher rate. Worst they can say is no.

P.S. - I got a random quality survey from the VA (federal level) asking how the wife's recent claim inquiry went...man, this was a fun survey to fill out:-) Bet I don't get another survey......

[john999]

Jay

I have never had the VA give me something I did not ask for and usually they deny what I ask for the first time. What about inferred claims? When the evidence is there of a disabiity and the VA never does a thing until you actually file a claim. If you don't know enough to file a claim you get nothing. How this affects spouses is really a shame.

[Pete53]

I got 30% for flat feet but it turned out my SO asked for it.

[Guest Berta]

Jay- you are correct- I realised how much it has to be spelled out-

If they offer me the "S" I will refuse it-I certainly intend to win my DMII claim.

my husband clearly -with all VA and SSA evidence- fits into the SMC "M" status-

Hs VA Day Treatment program records and SSA stuff shows he was A & A, had 100% SC for PTSD,

100% for stroke under 1151 and Nehmer, and I dont know how they will rate his DMII and heart disease-which has never been rated at all-yet heart is within the VACO FTCA claim stuff, as VA's misdiagnosis of heart disease was one of "multiple deviations in a usual standard of care"- never defined by the VA- which caused his death.Section 1151 award letter. They never rated it and said he was not eligible for SMC under any circumstance. They were wrong.I have CUEd that.

I have begun to see that the VA fully knew Rod had diabetes in 1992 but choose to believe that no one would ever find out. Had they properly diagnosed him for this in 1992 when the med tests were revealing DMII- we would have filed a Section 1151 claim and maybe a FTCA then.I still vividly recall a VA cardiologist in 1992 telling me that "nothing was wrong with" the veteran's heart,as this doctor was part of team treating him for a major stroke.

I had found proof of heart attack and proof of heart disease right in his med recs which proved my FTCA claim and caused the VA to settle with me.I did not know then what diabetes really was.

Also the "M" award conditions are documented.

SMC "M" under Nehmer and also under Sec 1151 for 6 years(I intend to win that CUE)- hard to figure it out.

Best I can do at this point is document the evidence for it all.