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SMC

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allansc2005

Question

My doctor's social worker video conferenced me last week before submitting a SMC request to the VA, which my doctor signed.

Does this work the same as any claim whereas I will need to go to a C&P exam?

Is there back pay associated with an approved SMC-R claim, and if so, how far back do they go?

Thanks

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

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While I totally agree with Rattler@, Bronco@ and Allen@. These tactics do not 100% always work at first (as my post stated) and the veteran should be prepared to file an appeal to the next higher level, BVA and or CAVC. The hardest parts of winning a claim/appeal is getting someone in the VA to actually do their jobs and read the claim(s) you filed for and requested including the evidence and time.

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Potentially- they may review the record on hand and rate based on that, too. As for backpay they would go from the date of claim, or from where/when in the record your symptomatology went from "SMC whatever you are" to SMC R.

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The VA employee working your case has discretion as to whether or not a C and P exam is needed.  If there is already adequate evidence, one may not be ordered.  

Yes, there is additional pay for additional levels of SMC.  

The good part of smc, is that a claim for smc is "always inferred"..VA is supposed to award SMC automatically without applying for it.  For example, when you reach 100 percent, the VA normally adjuticates whether or not you meet SMC S criteria.  

If the VA does not address SMC when you reach 100 percent, and, it later turns out you were eligible, you should get benefits "back to the date you first became eligible For SMC" regardless of the date you applied.  Its not the Veterans fault he did not apply for SMC, the VA is supposed to adjuticate it, whenever you reach the applicable criteria.  

This said, its pretty easy to see you may, for example, become housebound, and not apply.  But, if you do apply later, you should get it back to the date you became housebound, not the date you applied.  VA often gets this wrong and you have to appeal.  

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What kind of confused me was that my doctor and social worker filled out and faxed in the 21-2680 off to the VA, thus not giving me the opportunity to present any evidence.

 

We did however do an extensive video interview concerning the 21-2680, my doctor signed it and off it went.

 

Not "normal" procedure for me since I always present evidence to the VA so they don't have to look for it, but oh well..

 

Allan  2-2-0 HOOAH!

 

 

 

 

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1 hour ago, allansc2005 said:

Not "normal" procedure for me since I always present evidence to the VA so they don't have to look for it, but oh well..

 

I wish every vet that comes hear would do the above. Most of the time A VSO will only fill's out a form for you and files it with no supporting evidence.  The real trick hear is only submit the evidence that proves you claim. Not 200 pages of doc notes that doesn't address your issue.

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