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On-Line SMC-l claim question

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8th&IMarine

Question

I filed my 21-2680 aid/attendance form filled out by my PCP at the VA.I also submitted parts of my VA records that I thought would apply to my claim for aid/attendance. I just noticed that under  "What You've Claimed" on-line it says the following:

What you’ve claimed
  • SMC - L Aid and Attendance (New)
  • degenerative arthritis
  • left hip (Increase)
  • lumbar spine degenerative disease (Increase)
  • plantar fasciitis
  • right foot (Increase)
  • right lower extremity radiculopathy (claimed as neuritis or radiculopathy bilateral legs/toes) (Increase)

All I claimed is the SMC. It is listing most of my s/c disabilities and looks like I am filing for increases. All of those are already adjudicated nd I am at 100% schedular/permaent and have been for a few years.  Are they trying to redo all my settled disabilities because I am claiming aid and attendance??

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Sometimes I get to thinking that these guys were trained by the same person. They all make the same mistakes. The new C&Ps they said YOU requested are not necessary for A&A. The key to this may be that they have to figure out if any of these conditions worsened to justify the increase/addition to A&A.

The RO has no right to say you requested increases on all of your rated conditions. I would raise a stink about that. The IG dinged the VBA about unnecessary C&P exams. VA IG said bogus C&P exams would cost the VA $100 million over 5 years. Start tossing in the VA IG report from 2018 and screaming about wasted tax dollars and see how fast they respond. I did this by getting a supervisor on the 800 line. It worked. If the C&P is to determine which of your conditions are severe enough to cause the necessity for A&A, then you will have your answer. If not, they will cancel them.
 
Alternatively, if the increase is documented in VA medical records, the C&P exams truly are unnecessary. The VA should use acceptable clinical evidence (ACE) already at hand to make this decision if it exists.
 
 
Edited by pwrslm (see edit history)
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Im gonna dissent here.  I dont think so. 

You see, if the VEteran applies for benefits, the VA abides by regulations, even when those regs are in conflict with what the Veteran says. 

If you want 100 percent for your toenail, the VA isnt gonna give that to you, because regulations do not support your position.   The regulations have priority over the Veterans wants.  

Time after time, in the past, Vets have made mistakes such as filing for TDIU and "NOT" filing for the underlying conditions which make up TDIU.  

The VA is required to maximize your benefits.  

In the above example, it could make you eligible for SMC S, if you were awarded PTSD (100 percent) and some of the other stuff was increased to combine for 60 percent, making you eligible for SMC S.  So, the result was, by the VA changing your application for tdiu to increase of everything, you wind up with SMC 

S in addition to 100 percent.  

Its my opinion, that this is a "problem" with the defination of "claim".  Does a "claim" mean you applied for SMC L, or a "claim" for an increase?  

If you apply for 3 things, do you have 3 claims, or one claim with 3 issues?  

No one seems to know if a "claim" means "one or more issues", or if it means "a separate claim".  

The VA is supposed to interpet it "in your favor".  In other words, did you apply for SMC L, or did you apply for an increase to include SMC L?  

Since you obviously have problems with your legs and feet, maybe you are actually eligible for "higher" level of SMC than L, because you  COULD also have loss of use of your foot (feet).  

I would not worry about it, and dont recommend whining that VA is trying to give you more than you asked for.  If you are not eligible for loss of use of your feet..well thats okay.  

You wont be complaining if VA awards you SMC L plus more SMC for Loss of use of one or more feet.  

Dont limit your own benefits and be your own adversary.  

 

 

Edited by broncovet (see edit history)
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I have a family member who did just that:  

Quote

He limited his benefits and was his own adversary.

He was an Afghanstan Vet, and got a purple heart when a bomb went off near him and he took shrapnel in his head and feet.  But, he refused to apply for PTSD or TBI, reasoning that his guns could be taken away from him if the VA ruled he had a mental health disorder.  (Its not true, by the way).  

So he gets 80 percent (when he should be 100 percent), and gets about 1700 per month instead of about 3200.  I say he does this BECAUSE of his PTSD.  He is paranoid and thinks the government is out to get him.  

Someone said, "is it paranoia" if you think the government is out to get you and they really are out to get you?  

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There is a difference between advocating against your own benefits and holding the VA's feet to the fire. They should be able to articulate why they want these exams. The fact that they said the Veteran requested them is a lie. Lies should not be tolerated from any government employee. Period.


Like I said from the start, the key to this may be that they have to figure out if any of these conditions worsened to justify the increase/addition to A&A. But initiating exams on every condition that the Vet has SC is a waste of both time and tax dollars and should be stopped in its tracks. If we get along to go along, it will never change. If we hold their feet to the fire, they will eventually comply with IG recommendations and federal law.

Edited by pwrslm (see edit history)
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I have to disagree the va is to follow the law.

Many times they don't and if you sit there they will play games.

Applying for smc is not a increase rating..

Smc is effective by your and granted by the record.

There are two different laws for smc and increase rating.

 

Why would a veteran allow them to play with all his rating when they never apply for a increase.

We all no what is coming a reduction.

Like I said I would write a statement withdrawing all the increases.

And stated you are only applying for smc benfits.

Mail and upload it.

Before they start all those exams.

 

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