On-Line SMC-l claim question - Page 3 - SMC L and L 1/2 - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com
  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

On-Line SMC-l claim question

Rate this 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
12 hours ago, broncovet said:

The law is the VA is to maximize the Veterans benefits!  

The law gives no instructions to any Government employee that they should lie. With out a proper explanation, and a documentation to justify the work they do based on the law, then the C&P exam is improper.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Due to my mental and physical I really do forget to take my blood pressure meds since I have five of them and take some 3 times a day.   Do I need to file for SMC since I forget to take DMII and HBP meds?  I really get what Asknod is saying he is the expert on SMC.  I got two SMC's already but in order to pay bills I need more.

Link to comment
Share on other sites

  • 0
On 11/10/2021 at 10:39 AM, Mr cue said:

They did the same thing to me.

But I put in a statement withdrawing the increases before they even started all the games.

And put that I am only applying for smc benfits.

I mail it cretifed and fax it.

Don't let them play that game good luck

Did that work for you? I sent them a letter via va.gov attached to my claim stating that I am only applying for SMC, period. Why would I apply for increases of most of my rated disabilities when I'm 100% already. 

Now they are scheduling C&P exams for the items I am already rated permanent on. Perhaps they are trying to tie it in to my aid/attendance request but I don't want to be examined for items I'm already satisfied with. 

This is so frustrating, like I opened a can of worms and put my ratings at risk. I thought thay could only request new exams if they have reason to believe that your condition has improved. I should only bee required to attend a 21-2680 aid/attendance exam, right?

Link to comment
Share on other sites

  • 0
14 minutes ago, 8th&IMarine said:

Did that work for you? I sent them a letter via va.gov attached to my claim stating that I am only applying for SMC, period. Why would I apply for increases of most of my rated disabilities when I'm 100% already. 

Now they are scheduling C&P exams for the items I am already rated permanent on. Perhaps they are trying to tie it in to my aid/attendance request but I don't want to be examined for items I'm already satisfied with. 

This is so frustrating, like I opened a can of worms and put my ratings at risk. I thought thay could only request new exams if they have reason to believe that your condition has improved. I should only bee required to attend a 21-2680 aid/attendance exam, right?

I guess what most concerns me is attending exams for my rated disabilities which are already "permanent" and static. I could not only be reduced but lose my permanent status as well. I am going to sned another letter withdrawing any inferred claims and asking them to solely consider SMC based on what they have. Don't know if it will work though and the exam scheduling has already been set in motion.

What if I don't attend the C&P's they are scheduling? Can they reduce my existing percentages and remove my permanent status?

I want to thank all the responses and advice I have received on here so far!

Link to comment
Share on other sites

  • 0

I found this in the M21 manual. Not sure if it's good or bad, but it looks like they shouldn't be including my s/c's in the claim because there is no evidence that they have worsened?

VA Forms 21-2680, 21-4502, and 26-4555 are not specific claims for increased evaluation of an SC disability.  However, the issue of increased evaluation can be considered within the scope of the claim for SMC, auto, or adapted housing benefits and should be addressed in the rating decision when evidence on the form or in
  • the evidence associated with the claim indicates the presence of a disability that is within the scope of an SC disability (such as a complication of diabetes), or
  • other lay or medical evidence associated with the claim indicates the SC disability may have worsened.  
Important:  If the medical evidence is insufficient to evaluate the disability, request examination of the condition as a part of the claim for SMC, auto, or adapted housing benefits.  Do not routinely request examinations without first assessing the medical evidence for sufficiencyOnly address the condition in the rating decision when examination or other medical evidence confirms a change in the disability evaluation of the SC issue is warranted or confirms the presence of the condition that is within the scope of another SC condition.

 

Link to comment
Share on other sites

  • 0

If they order the exam I would believe they would denied it if you don't go to exam.

Make sure you put those letters in.

So even if they try anything it part of your record.

I am going threw something similar right now.

I just withdraw the remand for loss of use.

Because they are try to tie it to my smc o and r which was remand by the court.

They have been shopping for a unfavorable exam for 6 month for loss of use.

I just withdraw it.

I don't have the patience for the games ain't more

Good luck 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use