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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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I found this from my remand.

In  a January  2020  decision,  the Board  granted  SMC  housebound  from  May  9, 2018 to  July  16, 2018  and  SMC based on  the  need for aid and attendance  since  July  17, 2018 and found that  increased rating claims for cervical  spine and  left  elbow disabilities have been  withdrawn.

See when I apply for smc they try to do the increase thing and I withdraw it.

And this show they can grant smc without the increase rating stuff.

 

 

 

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So I uploaded a letter stating that I did not want all my disabilities increased that they added to my SMC claim, and asked them to be withdrawn. In the meantime, VES (the C&P exam folks) was sending me e-mails which I answered by saying that I would be willing to go but was waiting on a response from the VA. I also withdrew their claims via a letter to ask va.gov (the new IRIS system) It's been 2 weeks and I have heard nothing from VA or anymore from the exam schedulers.  All the additional increase claims they added are still showing up on VA.gov and ebennies. Waiting  for some kind of communication from someone now and that, as you know, is the hardest part. I'm assuming that the C&P schedulers would have to snail-mail me an actual appointment date before the VA could say I refused to go to the exam.

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I think that was the best route to go.

Now the ball is in there court to address  The smc.

They will probably order exams but they will be for smc.

Not the increase rating.

An now you have a record of withdraw them if they try any fun stuff.

Good luck and never give up

 

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I foresee VA will let the claim continue as is. They'll send you a c&p date. When you go, they'll ignore your contention about not wanting to file for increase. They will probably increase something small upwards about 10 % and call it good. Maybe they'll grant a&A. Maybe not. Can't see your Code sheet. 

One thing I've learned in this is they do not pay any attention to what you want. In this case, you're asking to enter the higher SMCs. That entails an in-depth examination of all your disabilities and the inferred responsibility to try to grant you the highest and best rating they can. The problem is they tend to try to find something to reduce you if you are not p&t.

Seems a lot of Vets think VA is on a constant mission to reduce you. VA gets this idea from records produced at VAMCs. So if you use the VA for your medical, you leave yourself wide open to getting whacked. Once you are p&t, you can apply for SSA/SSD and get your medical outside VA. Then they cannot see your purported "improvement". VA doctors always report wrongly most times or fail to convey the level of a disability. I have a gal with MS who came in to Hampton VAMC for her monthly infusion for multiple sclerosis. The nurse writes "pt. is ambulatory". Yep. She sure was. Her husband was holding her left arm and her right leg was riding on a knee scooter. Somehow that didn't get into the record. Only the VA would record something like that-never a civvie nurse. Did you know if you go to their lab for blood work and they do a urine on you that the urinalysis includes a drug test? 

Shoot. Some things get better. Granted, most do not. If you live in a sub-TDIU rating world or are not p&t yet, you are always a sitting duck. Don't give them the ammo to reduce you by saying stupid things at c&ps. No smiling. No Happy chat. Never diagnose yourself or they'll use it against you. 

At a Vet's c&p for status post encephalitis symtoms, his spouse said he had "anger management issues." The c&p guy immediately accepted her nonexistent psychology degree and used her testimony to say the guy's anger wasn't due to TBI symptoms . Boom TBI gets reduced to 0%. 

Learn VA's tricks before they use them against you.

Happy Thanksgiving.

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Yes the va does have a problem reading veterans statements.

But I look at this way yes they will still try to order increase rating exam.  

they should change them to smc exams 

when I did the withdraw they what they did.

And if they try the funny stuff.

He all ready has the withdraw in his record.

So he has evidence in his record.

To dispute it all.

Like you said you must be 2 3 step a head of the va. 

I think the evidence of the withdraw will help down the road.

If they act like they can't read

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Last I think the va is volating the rules on smc.

We're does it state if a veterans apply for smc it is to be treated as a increase rating claim.

Smc is effective by the record and granted by the record.

So my?  the va  are treated  smc benfits claim as a increase rating claims. How is this legal

My smc benfits claim I have 4 different decision on each smc r o s l. Treated each one as a claim and increase rating.

Smc should be granted by a veterans record. By law Why are they ordering exam for veterans

It's effective by the record.

Why aren't they make decisions based on veterans records

 

The law is the va is to inffer smc when a veteran has a claim for increase rating. I believe 

I could be wrong but this is the way I see it 

So I don't see were a veteran applying for smc benfits. Turn it's into and increase rating claim.

I will be using this in my next cavc appeal for smc benfits

 

Good luck and do your homework.

 

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