Jump to content
  • 0

On-Line SMC-l claim question


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??

Link to comment
Share on other sites

Recommended Posts

  • 0

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
Link to comment
Share on other sites

  • 0
  • Moderator

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
  • Like 1
Link to comment
Share on other sites

  • 0
  • Moderator

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?  

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

  • Ads

  • Our picks

    • A few days ago, my attorney sent me this email on a PTSD claim I filed back in 2016 and have appealed to the BVA.  After getting this email, I checked eBenifits & VA.gov and they still read, "waiting to be sent to a law judge".

      "I am reaching out to give an update on your case. We are currently pending a Rating Decision in response to the Board Appeal filed 05/18/21. If you have received any recent VA correspondence, please be sure to inform our office"

      Thank You

       
      • 36 replies
    • Burn Pit Claim Assistance
      The NVLSP launched its Burn Claim Assistance program:  Details at the NVLSP website:

      https://www.nvlsp.org/what-we-do/burn-pits-claims-assistance-program/
      • 0 replies
    • I have a C&P exam scheduled for next week for sleep apnea. I completed an at home sleep study sent by VES. However, I just visited ebenefits and noticed that my claim has been closed before my scheduled exam. Anyone ever experience this?
      • 11 replies
    • I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently 
      • 20 replies
    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Like
      • 59 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News


  • veteranscrisisline-badge-chat-1.gif

  • Fund HadIt.com

    710%
    $10,656.00 of $1,500.00 Donate Now
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines