On-Line SMC-l claim question

[8th&IMarine]

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??

[Mr cue]

This veteran isn't apply for increase rating.

He apply for smc benfits

Now the va has put in exams for increase rating on all his disability.

Like you said they should be just ordering the a@a comp exam.

So I see no reason to let the va put any medical opinion in his disability

The a@a exam will address everything.

Just my opinion.

 

 

 

[FormerMember]

I have to side with BroncoVet on this one. I just filed a Parkinson's Vet for LOU of upper and lower. It was a sketchy chance but it puts a lot of pressure on them to review the whole file. Sure enough, they threw in an increase c&p for his MDD anxiety due to the Parkinson's that I did not ask for. The exam was Friday morning. He was at 30%. The shrink said he was totally bugf--ky and gave him 100%. He went to the c&p at 1000 hrs. By 1330 Hrs, the DBQ was posted in VBMS. You can see what's coming. They're trying to head off the R 1 by munificently granting the a&a for bent brain instead of granting two LOUs and R 1. 

Of course, in this case, I'll just use it to get R 1 anyway. His current TDIU has been in effect for over 5 years. If anything, the a&a should be granted for the sum of the Parkinson's ratings alone -not the bent brain. So, the takeaway discussion that you shouldn't entertain VA shopping an increase solely because you fear a reduction is a product of too many VSOs telling you not to be greedy. 

This is VA poker. Never be afraid to seek what you are due. After 30 years of this, I think I've seen everything. VA is not your friend but never take a glass-half-empty approach. Go big or go home. If they reduce, 9 times out of ten they do it illegally and you just win with §3.344 and say it's a single c&p. To reduce, they need two c&ps  in order to prove you can sustain the improvement forever. I do not know of many disease/injury processes that improve with time-if any. 

Best of luck. 

Edited November 29, 2021 by asknod

[broncovet]

Yep.  Its about "fear of reduction"..and its unsound reasoning.  

The hypothesis consists of "well if I JUST apply for SMC", they wont review other issues and I wont get reduced.  

Nope.  The VA is required to maximize your benefits.  So, if there is a chance a C and p exam can result in additional benefits, then go for the exam.  Dont withdraw your claims because you fear a reduction that wont happen, based on a hypothesis that VA will "seperate" the issue claimed and not look at other issues where there is a chance of increase.  

Yea, they may try to reduce you..just like they try to lowball you.  If you stand for them lowballing or denying you, the VA will gladly take it.  In a similar manner, if the VA reduces you, even in non compliance with the regulations..and you dont dispute it, yea, you will get reduced.  

Bottom line:  Get all the benefits available to you under the law.  Dont withdraw claims except under special circumstances, which I mentioned above.  

Withdrawing is sort of like NOT filing, except worse.  You can file later, but its difficult to "un withdraw" a withdrawn claim.  

[pwrslm]

In all of this issue, the only time that it really impacts a Vet is if the additional C&P's result is a decreased rating.

The VARO can order C&P exams on a claim for A&A. If they find an increase in necessary, they must increase a rating. The claim itself does not require the Vet to claim increases, but the VA should never post that a Veteran requested increases. I think AskNod said when the Vet objects to those they are null from the inception. But processed correctly, the RO does not even need to say the Vet requested an increase. If the rating/exam is wrapped up in the A&A evaluation, shouldn't it be a basic step in the Eval and trigger any residuals discovered by maximizing the benefits?

 

[Mr cue]

Why would someone let the va play with there rating. I will just tell u In my case of apply for smc.

 

I got my record and there were three  letters asking for a reduction. And it came back that I was 25 year protected

He didn't  claim an increase he file smc.

There is no need to send him to comp exam for all of his disability.

Well I wouldn't do it for what to hope they don't play games and they process it right yea ok

Than have to fight to get your rating  back. Naw I pass on play that game even tho I was protected

He didn't file for an increase ratings

When they try that with me I withdraw the increase rating and they order only the a@a exam. 

And I wouldn't call it scared I would call it been smart.

Last so u really think the va would order exams to increase a rating that he never put in a increase for. Lol yea right.

And with there new comp exam buddy I would take the chance.

Just my Hubble opinion.

 

[pwrslm]

VA OIG’s report found that during the 6 month period under review, “VBA spent $10.1 million on unwarranted examinations – $5.3 million involving Veterans Health Administration (VHA) clinicians and $4.8 million involving VBA contractors.” Based on their review, OIG estimates that VBA is on track to spend $100.6 million on unwarranted reexaminations over the course of the next 5 years.

 

Maybe it would be wise to submit a copy of he VA OIG report into the claim record.