Can I File for SMC M instead of SMC L

[Oli Mac]

Thank you everyone for sharing your  knowledge of va disability claims process.   Postings on this  website have answered most of my questions on how to submit claims and also on how file appeals.  However, I could not find an answer to the following question.

Background:  I filed a claim for SMC L based on aid and attendance due service-connected cardiomyopathy with coronary artery disease, s/p myocardial infarction.  My Regional VA denied my claim, so I was forced to appeal the denial to BVA.  The BVA remanded my SMC L claim back to my Regional VA with instruction to give me another C&P exam.  My Regional VA was also instructed to decide my case anew and to support the new decision with a Supplemental Statement of the Case.  And that if I was still not satisfied with the new decision, my Regional VA was instructed to forward my case back to BVA for adjudication.  

As instructed by BVA, my Regional VA got me scheduled for another aid and attendance C&P exam early this month. Yesterday, however, I received a letter from my Regional VA finally granting 100% disability rating for my service connected Menieres Disease (Note:  My Menieres Disease disability claim was filed more than a year ago  and I had undergone C&P exam for this claim in Dec 2019).  I still have not heard from my Regional VA regarding the result of the BVA-directed aid and attendance C&P exam on account of my service connected cardiomyopathy with coronary artery disease, s/p myocardial infarction. 

Question:  Since I’ve been granted 100% for my service connected Menieres Disease, can I submit a request to my Regional VA to ask them to grant me SMC M instead of SMC L?   (SMC L for service connected cardiomyopathy with coronary artery disease, s/p myocardial infarction PLUS an entitlement to a higher rate of (M) for having a service connected Menieres Disease rated 100%).

Thank you all in advance for your help. 

 

 

 

[broncovet]

Yes.  Its possible they may already award it, but, like most times you have to force the issue.  Go for it.  With SMC, you should get it "from the first date you became eligible", regardless of when your claim date (the date you applied) is.  So you may need to appeal the effective date if VA gets that one wrong.  

[Oli Mac]

Broncovet, I will follow your suggestion.  Thank you very much for your quick response.  I really appreciate it.