Why am I still getting SMC S1?

[dmen68]

In February 2020 in eBenefits under the benefits tab the following was awarded to me after hernia surgery in Dec 2019 (hernia was a va comp disability; I file d for temp total disability  for the convalescence time of the surgery; convalescence time was 30 days-Dr. Order). I began receiving the extra pay for the SMC- S1 in  February 2021. My VA letter showed the showed the I had now been rated at 80% but with the inclusion of the SMC- S1 it is a lot more money than 80%.  In May 2020 I called the VA 800 number and asked if I am still supposing to be receiving this amount of money with the SMC-S1? The guy said what's your latest letter say? I told him the amount (including the SMC -S1 amount) and he said that's what you're supposed to be getting.  I received another award letter dated June 28, 2020 which showed still 80 % disability but still had the much more amount of money due to the SMC - S1. 

In November 2020 I requested an audit of my account and the guy on the phone this time  said you shouldn't be being paid the amount you're getting with the SMC s1 anymore; you should only getting the 80% amount due to you. He said he was going to notify Veteran Services Center about it. I received a letter Nov 23rd with my audit and it said they couldn't address my entitlement issue of continued convalescence pay and have sent my inquiry to the Veterans Service Center.  

It is now April 20201 and I am still receving the SMC -S1. What gives? This isn't a permanent is it? Even my DAV rep and his supervisor said I shouldn't still be getting the SMC -S1 but, there are records of me notifying the VA of this, they said. 

Does anyone have any thoughts on this? Please. Thank you.

SMC (S-1)Effective Date : 12/12/2019

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of inguinal hernia rated 100 percent and additional service-connected disabilities of right shoulder impingement syndrome, status/post rotator cuff tear, radiculopathy, left lower extremity, sciatic nerve, right shoulder impingement syndrome, status/post rotator cuff tear with traumatic arthritis(previously rated DC 5201-5019), post traumatic stress disorder, independently ratable at 60 percent or more from 12/12/2019 to 01/31/2020.

Rating Date : 02/21/2020

 

[broncovet]

So, do I have it right that you think you are being overpaid?  Have you looked in the "letters" section of ebenefits?  (Assuming you are missing some VARO decision(s) which awarded benefits you may not have been aware of.  

If you go to your VSO, you should be able to get him to look at your VBMS file, and it should show the disabilities you are rated for.  Perhaps you have been increased, such as tdiu, and you were unaware.  

This sounds like a temporary 100 percent rating while you are recovering from surgery.  A temp 100 percent, plus your 80 percent qualifies you for SMC S 1, yes.  Generally that is for a year to recover from surgury.  

[dmen68]

Thanks broncovet. 

 

Yes, I do think I'm being overpaid. I too believe the SMC S1 was only supposed to be for the surgery recover as it stated form 12/12/2019 -01/31/2021; but, I am still receiving it. I have been receiving it for over a year. My VSO and his supervisor both told me I am being overpaid and it should have stopped. I haven't received anything stating I have had a TDIU designation. I do work full-time   My benefits letter states the following:

VA Benefit Information You have one or more service-connected disabilities: Yes

Your combined service-connected evaluation is: 80% Your current monthly award amount is: $3697.28

The effective date of the last change to your current award was: December 01, 2020

You are considered to be totally and permanently disabled due solely to your service connected disabilities: No

[broncovet]

Something somewhat similar happend to me.  Here is how it went down:

I got married and had been on va pension.  I got pension because the wait on compensation was forever.  

Well, after I married a nurse I was no longer eligible for pension because my household income was too high.  I knew this, and reported it the month I got married.  

So, in typical VA style, they kept sending me pension (overpaying me) for about 2 years.  They FINALLY took me off pension, and sent me a letter that I owed them $6000.  

I filed a "waiver" on the repayment, arguing that:

1.  I told them about it, and its not my fault VA takes 2 years to process this.  

2.  Taking the money back would be a hardship, as I do not have access to my wife's money.  Its hers, not mine.  

      In about a few months, they approved my waiver, and I did not have to pay the money back.  However, when I eventually got my full 100 percent plus SMC S, retro, they took back the money in retro, so there was no free money.  

My advice is to document the overpayment AND probably tuck the extra away and expect to have to return it.  

      If you had lied to VA, you may be in trouble.  I did not.  Again, VA inefficiency in processing claims is hardly our fault.  

      Other Vets have reported they got temporary (SMC) from something similar, and VA NEVER stopped it, even tho they reported it.  Our highly inefficient VA actually works to our benefit sometimes, tho it usually goes the other way.  

     My advice is to heed the above, and, if applicable, apply for an increase or additional disabilities.  If you are still working you are not likely eligible for TDIU, but, if conditions have worsened since your c and p that got you your rating, you still may be eligible for an increase.  

Edited April 24, 2021 by broncovet

[dmen68]

Copy broncovet, 

My VSO did say, if the VA says it's my fault they overpaid me to file a "disagreement" and request for it be brought before a VA law judge . Because there's proof noting I have told them about this issue. He said they should find that the VA made a clerical error and, the debt should be waived. Yeah, no lies from me to the VA, I have always been very up front with them.  Never want to get in debt situation, defeats the purpose of having a nice life in retirement someday.

I agree with you about the VA inefficiency in handling these issues.