Smc

[windy city]

Got call today from the DAV informing me that the VA had made an error by not awarding me the L1/2 rate, so he is going to addressed it to them in which I should get back some retro. But what amased me was the conversation I had with him in which he told me that to be careful placing new claims because the VA uses to see if you have had any improvement with yoy health. Just to hear this makes me upset so in other words if my health continues to go down hill, what am I suppossecd to do leave it like that or take any chances. What should I do?

[Philip Rogers]

Got call today from the DAV informing me that the VA had made an error by not awarding me the L1/2 rate, so he is going to addressed it to them in which I should get back some retro. But what amased me was the conversation I had with him in which he told me that to be careful placing new claims because the VA uses to see if you have had any improvement with yoy health. Just to hear this makes me upset so in other words if my health continues to go down hill, what am I suppossecd to do leave it like that or take any chances. What should I do?

He's just trying to scare you, so you won't make any more work for him. Why would you worry about being reviewed if your health is deteriorating. It could only mean additional income. They've been using that threat for years and if your faking don't file any other claims but if your claims are valid why would you worry? jmo

pr

[windy city]

He's just trying to scare you, so you won't make any more work for him. Why would you worry about being reviewed if your health is deteriorating. It could only mean additional income. They've been using that threat for years and if your faking don't file any other claims but if your claims are valid why would you worry? jmo

pr

Thanks for your reply. I do not understand why would they that since when you join there agency you are paying to be a member of there organization. All my claims are legit and are related to my military service. I guess you are right I should not get worried maybe they just do not want to do the work that they get paid to do.

[spike]

i am sorry i dont understand it shows your 100% why would you make any more claims...you recieve no copay treatment, etc....im confused

[Berta]

Windy City- Philip is correct-

the VA can look over a vets stuff any time they want-and additional claims can trigger a new look but 99.9% vets should not have to worry at all--

the VA has to prove that there has been substantial improvement in a SC disability before they attempt to mess with the comp.

Something bothers me here - the DAV NSO was apparently on the ball-as he saw the wrong SMC rating-

and this is great rep work on his part- but he is asddressing that issue? and not you?

Is he sending you copies of whatever he is doing on that?

Best thing would be if he sends tham the specific rating criteria for the higher SMC level and also your med recs that show -as he noticed-that the SMC level is incorrect.

Is this on a recent decision?

Is he filing this as a reconsideration of part of that decision?

Spike- a veteran with 100% and additional disabiliies due to service can receive additional compensation known as SMC-Special Monthly Compensation-

We had a vet at the local VAMC who was getting over $4,000 a month- long story-

He had catastrophic service disabilities.and he had a large family of dependents-

The SMC criteria is found in 38 USC 1114 and has been discussed at hadit many times- available under search feature.

Edited March 20, 2007 by Berta (see edit history)

[windy city]

Windy City- Philip is correct-

the VA can look over a vets stuff any time they want-and additional claims can trigger a new look but 99.9% vets should not have to worry at all--

the VA has to prove that there has been substantial improvement in a SC disability before they attempt to mess with the comp.

Something bothers me here - the DAV NSO was apparently on the ball-as he saw the wrong SMC rating-

and this is great rep work on his part- but he is asddressing that issue? and not you?

Is he sending you copies of whatever he is doing on that?

Best thing would be if he sends tham the specific rating criteria for the higher SMC level and also your med recs that show -as he noticed-that the SMC level is incorrect.

Is this on a recent decision?

Is he filing this as a reconsideration of part of that decision?

Spike- a veteran with 100% and additional disabiliies due to service can receive additional compensation known as SMC-Special Monthly Compensation-

We had a vet at the local VAMC who was getting over $4,000 a month- long story-

He had catastrophic service disabilities.and he had a large family of dependents-

The SMC criteria is found in 38 USC 1114 and has been discussed at hadit many times- available under search feature.

Berta,

It was me who noticed the error and brought it up to the DAV attention and finally after two weeks they informed me that the VA had made a mistake. bringing about new claims every one that I plan to put as been diagnosed by VA doctors I was just trying to get some advice on wether to place them or not.

[Berta]

Oh- GOOD FOR YOU! I stand corrected-

I feel you should make a formal claim for any potential SC disability you have.

You should consider direct service connetion as well as secondary due to the ones you already get SC for- or even to the SC meds-

SC medications can sometimes cause further disability.

A vet can present to the VA many reasons for service connection of a disability.

It only takes VA to pick one reason with medical evidence to make the award.

The VA will only snoop around their past awarded decision when a vet claims more-if the vet shows substantial improvement in what they already awarded for.

The chances of VA finding that are usually nil-

I would not give it a second thought veteran- ask them for whatever you feel they should pay you under SC comp or SMC.

WHat I have seen a few times is somehing vets should avoid- this does not apply to you at all-

I have seen claims at the BVA with 20 or more claimed disabilities- the BVA has to study the evidence for each one-

usually the BVA denies them all-with a good medical rationale.

It pays to keep a focus on the main disability and then consider anything else as possibly secondary as well as direct SC.

Nothing wrong with more than one disability being claimed-

but a lot is lost when a vet lists considerable problems and some or all have no factual or medical chance to succeed for SC.

Edited March 20, 2007 by Berta (see edit history)