Special Monthly Compansation Claim Change Effective Date?

[GeorgeR]

Hello,

Ive been 100% P&T for 18.5 years. My conditions have worsened and I have new claims that could provide me additional money as special monthly compensation. I’m worried that if I file now it may open me to a review even though Im 56 this month. Im worried I may open myself to the review but I must also say my conditions have worsened or stayed the same. 

I have proliferative diabetic retinopathy, have had multiple laser procedures in both eyes, reduced vision in both with distortions  in my left center visual acuity. I have had more than 7 laser surgeries in the last 7 months. Because this condition is secondary to diabetes, could they teopen that claim based on the diabetic eye condition?

 

Thanks

[GBArmy]

GeorgeR Welcome to Hadit and sorry about your s-c disabilities. First things first. No veteran should apply for any disability or increase in an already s-c disability unless they think their current conditions will meet the criteria for an increase. Example: Tinnitus is rated at 10%, either you get approved and therefore are awarded 10%, or disapproved. If your tinnitus is really bad and you have your 10% rating, don't apply for an increase because it's not available. So compare your conditions to the symptoms of the next higher rating. You are 100% P&T. You say that not only haven't you s-c disabilities stayed the same but they have gotten worse. If so, then IMHO go for the SMC's or special considerations. You have continued to seek medical treatment at the VA, at your own private doctors, or both. You have additional medical records that show it has gotten worse, correct?You would be in a good position to counter the VA if they tried something like a reduction. Just be sure you are confident your worsening conditions would get you the additional income IMHO.

[broncovet]

You indicated you are 100 percent and eye issues, and the title is the effective date on SMC.  

Lets review what you need for additional compensation, because there is little point in apply for more conditions if the result does not increase your check:

SMC is basically for these 3 main issues:

1.  Loss of use of body parts.  Do you have loss of use of eyes, feet, etc.?  Do you meet the criteria for blindness? 

2.  A and A.  Do you need assistance of others?  

3.  Are you housebound/ bed bound?

      If you dont have the loss of use of any body parts, dont need A and A, and are not housebound in fact, there is still at least one more way for you to get additional comp added to your check:  Statuatory housebound.  

To get that, you need a "single" 100 percent plus an additional 60 percent combined seperate and distinct from each other.  So, if you are already 100 percent for PTSD, and you think you meet the criteria for additional disabilities combining to 60 percent, go for it.  

    Now, to address your "worry".  If you have improved VA wants to reduce you.  This happens independently whether or not you apply for an increase.  My advice is to review these restrictions ON VA (not on you) in trying to reduce you.  

Since you are permanent and total, all of the following apply to you.  In a nutshell, since VA can not reduce you "unless you have actual improvement under ordinary conditions of life", you have nothing to worry about.  Specifically "ordinary conditions of life" means WORKING.  If you got 100 percent, then go back to work, well, something may have improved well enough for you to earn SGE, because, mostly, VA pays us for a reduction in our earning capacity due to one or more SC disabilities.  If you are unable to work AT ALL, then its hard for them to reduce you.  

     While there are exceptions, the VA does not generally "call Vets for a rexam" (with a purpose of determining if you got better and should be reduced) if you are over 55 years old.  

     They called Carlie, a hadit member who is now deceased, for a re exam.  (She was over 55 at the time).  She threw a fit and contacted the right people and the VA cancelled her c and p exam, based on her being over 55.  It makes no sense to try to reduce an 80 year old Vet in a nursing home.  He obviously has enough problems and does not need VA hassel.  AARP (retired people) is a very powerful lobby organization, and they managed to get this rule so that people over 55 are not dragged for  c and p re exams.  Of course, if you are over 55 you can still get a c and p exam for increase, but the presumption here is that over age 55 people dont just get 35 again, and go do a job like they did when they were young.  

      In a nutshell, my advice is to review your file to see if your doc has indicated you have loss of use, that your are housebound, or need A and A.   Further, check to see if you can meet statuatory hb with an increase.  If so, file for an increase and dont worry about reductions, since you stated you have not improved.  

     As far as the effective dates of SMC, its based on "when you meet the criteria, not when you file."  As an example, if you have needed A and A for 2 years, but just now filed, you should get retro for 2 years if awarded.  SMC is not limited to the date of filing like regular comp.  

      

[Mr cue]

Everything you said was right but smc is also for lose of eye sight.

I feel he could get smc l for help of other.

I really don't no how he take care of himself that what smc l is for.

Wife might help daughter son. A letter from them will get the smc l started.stating they help you.

This is where the aid and attendance exam will be ordered.

They will put it as an increase also for your condition. Also.

That what they did to my smc claim and I with draw it. I did ask for and increase on any of my condition.

I request smc it was remove by bva.

There games.

You have 18 year I would feel u should be ok with any reduction. That up to you tho.

I am not go to lie I did wait till I had the 20 years before I apply for smc benfits did want to play any reduction games. 

I appeal to us court veterans appeals.

I got my record there where 3 4 request for reduction. That were shot down before they were process.

All of them stated   protected on them.

So I feel you.

And with this new private company exam. Not goin to lie I would wait till 20 years if you can.

 

But I did get smc s now I get smc l.

I am still fighting the effective dates.

And I am fight for smc o for two different condition  smc l.

My mental and loss of use.

I have in home care plan which states socializing and to stop harm to self.

Which is mental. Help with getting dress bathing etc. Is for loss of use.

I state this because smc l and tdiu are the only thing.  I ever seen were va will use the  line this includes for all condition. 

 

Used to not break smc down in my opinion. 

I just wanted to give u the process.

 

 

 

 

 

 

 

 

Edited September 16, 2021 by Mr cue

[broncovet]

You posted:

Quote

Everything you said was right but smc is also for lose of eye sight.

Correct.  And this is consistent with what I posted, here:

Quote

SMC is basically for these 3 main issues:

1.  Loss of use of body parts.  Do you have loss of use of eyes, feet, etc.?

Loss of use of your eyes is another way of saying blindness.