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SMC K backpay



I filed a claim for loss of creative organ and was award the claim with SMC-K. The VA payed me back to the intent to file date. Should have I received back pay from the date loss of creative organ was documented in medical record.

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I would say you should fight the EED.  If the medical records are showing this, then they should be looking at this to give the correct date.  

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In my opinion, you've not provided enough information so it depends. When did you leave service? and has it been over a year? It is my understanding that for direct service connection, the effective date is based upon whichever came last between when you submitted your claim or the first date of your injury or illness. The opposite is true for presumptive service connection within a year, in this situation the effective date is the date in which your injury or illness occurred. Based upon the limited information provided it appears the VA may have got it right. 

I am rated for SMC-K as well, it's been many years now but mine went back to when I submitted the original claim. 

Edited by MilvetHD
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Usually after many years since military discharge.  The effective date of the award is date of claim or intent to file or date the medical condition was diagnosed or noted whichever is later and not earlier according to the 38 CFRs.  

However just for possible chance if you have time on your hands you can file for the earlier effective date you desire as you may get lucky????   No harm no foul for you.

Others will provide you with the proper 38 CFR regulation pertaining to EED dates or correct me.

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

Edited by Dustoff 11
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SMC's are in a class by themselves, but my understanding is that a  SMC is ALWAYS inferred, meaning you don't have to apply for it.  You should get paid BACK TO THE DATE YOU FIRST became eligible for SMC S. If it is in your records, that should be the effective date. Submit a HLR.

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GB Army is exactly correct as I was recently awarded SMC-S automatically when the BVA approved my appeal for 50% OSA Sleep Apnea secondary to long term Nam PTSD.  The additional 50% for OSA qualified me for SMC-S and both SMC and Sleep Apnea were backdated for about 5 years.

Additionally, and separately, I was most recently upgraded from 22-year P&T TDIU to a 100% P&T rating due to recent 20-day VARO claim approvals of 60% for GERD due to LT PTSD and direct SC for 10% Tinnitus due to 1970 Army Nam service.   This upgrade was also done automatically.  The years 2021 and 22 have been very good for me. Payback is very sweet.

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

Edited by Dustoff 11
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