Not precedent but here it is Inferred SMC by record after filing for TDIU

[pacmanx1]

The Board notes that VA's duty to maximize a claimant's benefits includes consideration of whether his or her disabilities establish entitlement to SMC under 38 U.S.C. § 1114. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. at 280, 294 (2008). Thus, when the Veteran filed his claim for a TDIU in August 1998, VA had a duty to not only consider whether he was entitled to a TDIU, but also whether a grant of TDIU also entitled him to SMC at the housebound rate.

https://www.va.gov/vetapp21/Files11/A21017756.txt

 

[Dustoff1970]

In my recent award of 50% OSA Sleep Apnea due to PTSD and Meds the BVA did everything correct and FAST.  They also awarded me automatically SMC-S with 5 years back pay to 2017.  And very recently the VARO adjudicators actually fast within 20 day of my filing awarded me 60% for GERD and 10% for Tinnitus based upon my VA medical records since 1985 to present day and Army 1970 STRs plus my own statements. 

Both friendly common sense QTC exams were only about an hour with a few questions and review of my records.  GERD was due to PTSD and meds and Tinnitus was direct service connected due to Vietnam repeated combat incidents resulting in the PH and CMB.

I did not need nor did I request any precious doctor's nexus medical opinion for these clear cut claims based upon hard VA and Army medical evidence.

As usual I did everything on my own pro se.

In 2005 the CAVC court ruled on my CUE claims that the VARO and BVA committed due process error in failing to adjudicate me for an implied TDIU claim before 1998.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

Edited May 19, 2022 by Dustoff 11

[Whodat]

Maybe the VA system is trying to make improvements

[pacmanx1]

20 minutes ago, Whodat said:

Maybe the VA system is trying to make improvements

Nope, the reason I am doing my research is because I am looking for a lawyer. I am 100% scheduler P & T and the BVA/RO recently awarded me a separated rating that could have been TDIU P & T alone, but they combined this separate rating to some of my ratings in my 100% scheduler P & T and awarded me a few early years of TDIU P & T but no mention of SMC-S. Of course, this would be a really nice retro pay if awarded, so they are trying their best to act dumb and move slow. 

 

[Whodat]

Wishful thinking on my part. Lol. Of course VA will try any trick bag to either delay and or deny. The budget must be running low. 

But when we owe them money, they are quick about getting it back. I am so disappointed how things are going in this day world. 

[broncovet]

Pacman...the experts at SMC is undoubtedly CCK law.