SMC

[allansc2005]

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!

 

 

 

 

 

[brokensoldier244th]

FYI- While information may still be missed in federal records like VAMC, STR,OMPF- you not submitting these records is not enough to remove your claim from FDC- Reason being because we are supposed to reach out to all federal entities already as part of or job to gather records. If we don't that would be a DTA.

 

Now, is it possible that you have that piece of paper/pdf/thumb drive full of your STR, personnel jacket, whatever, that we don't? Yes. I find late following records sometimes years after your original personnel and STR transmission to us from the services (triggered by filling a claim for personnel records that are newer than early 2000s for personnel, and early mid 2000s for STR). If we gathered them at the time it's not a DTR. We are SUPPOSED to check every time a claim is filed, so eventually that stuff should end up in there but we all know how that goes.

They are time stamped/date stamped when they come to us in the system and it...is...not...editable, short of a complete deletion, and there only people that have that level of access are IT. I've got 15 yrs of IT experience as a civilian and a masters degree in IT Admin/Sec, and I've tried, with dummy records, and only succeeded at getting in trouble for testing it. Later added stuff that is uploaded is time/date stamped, and flagged as a "new upload" to your file to call attention to itself. If you have an open claim submitted new documents from you, us, NPRC, whatever, triggers that claim to go back out to get looked at. 

[allansc2005]

pacmanx1, 

 

I totally agree.

In the early days when I was depending on the VA for everything, to do everything.., which I later learned was a big mistake.

 

Over the years I have found that the LESS you depend on the VA for your claim needs, and the MORE you do to help your claim along, the better for you once all is said and done.

Last month I came across a veteran who had been waiting 3 years for a simple tinnitus claim to come to an end, only to find out the veteran was throwing away C&P exam letters, changed his phone number without telling the VA..; what a mess!

After giving him my version of an "ass chewing", he now understands the meaning of being "proactive", and is enjoying his 10% tinnitus  compensation.

I try to stick to the motto: Keep the VA informed!

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

[brokensoldier244th]

1 minute ago, allansc2005 said:

pacmanx1, 

 

I totally agree.

In the early days when I was depending on the VA for everything, to do everything.., which I later learned was a big mistake.

 

Over the years I have found that the LESS you depend on the VA for your claim needs, and the MORE you do to help your claim along, the better for you once all is said and done.

Last month I came across a veteran who had been waiting 3 years for a simple tinnitus claim to come to an end, only to find out the veteran was throwing away C&P exam letters, changed his phone number without telling the VA..; what a mess!

After giving him my version of an "ass chewing", he now understands the meaning of being "proactive", and is enjoying his 10% tinnitus  compensation.

I try to stick to the motto: Keep the VA informed!

 

Allan 2-2-0 HOOAH!

 

 

 

 

 

Followed by the 2nd, slightly less known corollary "you are your own best advocate". 

 

Okay, back to work for me, at least for a few hours. Enjoy your weekend, gents and ladies. 

Edited February 25, 2023 by brokensoldier244th

[Whodat]

2 hours ago, Rattler said:

So hears the reason why you submit VA Doc records when you submit your claim. To do a "fully developed claim."

The first vet I helped get his benefits. (This was before I ever got mine) Lets call him Ray.

Ray got out of the Army / National Guard after 32 years in 2013. When he got out he started to go to the VA for MH for PTSD. He got ratted at 30%.  He also got approved for SSDI in 2014 via a letter that his MH doc wrote for him.  I had known ray through one of his relation for about 15 years. When I ran into him again he was living in someone's barn on a mattress using propane heaters and an electric cord for lights in October. At that time he had no less than 4 VSO from 2014 to 2017 file a claim for an increases by filing only on form and no supporting paperwork. He got denied each time. We started in October 2017 I had him get all his military records.  WE went down to the local VA hospital and had them printout his VA MH records. When I reviewed his VA records I found the statement where his MH doctor stated that he was Unemployable. So I put together a fully developed packet. (MH letter and others) We submitted it on December 28,2017. On February 2, 2018 the VA upped his PTSD from 30% to 100% UI P & T. Because no one took the time to go through his MH records and pull out only the ones that related to what he was asking for. 

The way I do it is I submit only the records out of the VA file that relates to what you are seeking regardless of if the are in your VA claims file or not. I also submit any other records like your doc outside of the VA's along with the form for the claim and tell the VA its a fully developed claim.

 

That's a great story. It almost sounds like my situation. My dad served in the USAF for 20 years and after his retirement in 90s, I finally convinced him to file a claim. He didn't want to do it because of all of the paperwork which he did not have. I have did all of the leg work and on his first shot, we got him 70 which was good. The paperwork issue was a challenge because he did not have them but I must say that the VA did a good job by getting most of it.

 

Now I am filling more claims for him because we did file things like his tbi which happened in service. Now it's hard for us.  

[Rattler]

11 hours ago, broncovet said:

Exactly, Rattler.   Sometimes Veterans sabatoge their own claims.   "In sufficient evidence" is pretty much a guaranteed denial.  

This term (insufficent evidence, or no evidence) when used in a decision is Veteran's advocatespeak for:

"You need to provide the evidence and claim 38 CFR 3.156 (new evidence)" to fix the denial OR, even better, provide all the evidence the first time.  

If you dont have time to provide all the evidence the first time, when are you gonna have time to do it all over on appeal?

The Brother who got me going with my PTSD /MST has been fighting them as long as I have. He started getting his VA Medical and had his hearing checked and found he had loss so they gave him hearing aids. So I had him file for SC for his hearing. Well they tried to send him to an exam 120 miles one way so I had him cancel it and tell them that he need to seen some one closer because he cant travel that far because of blockages in his legs.  I will post the letter in a new post for everyone to comment on. But when I had him file it we included all the tests. (3 of them in 2 Mo.) The VA Denied him SC because he didn't go to the test 120 miles one way. The crazy thing in the latter they admitted the 1. he had hearing loss. 2. It was related to his MOS. But they couldn't make a decision because they didn't have the exam. Now I and you all know that the VA is screwing with him because he challenged where they were sending him to the exam. It makes you go what the ?????????

[Rattler]

9 hours ago, Whodat said:

That's a great story. It almost sounds like my situation. My dad served in the USAF for 20 years and after his retirement in 90s, I finally convinced him to file a claim. He didn't want to do it because of all of the paperwork which he did not have. I have did all of the leg work and on his first shot, we got him 70 which was good. The paperwork issue was a challenge because he did not have them but I must say that the VA did a good job by getting most of it.

 

Now I am filling more claims for him because we did file things like his tbi which happened in service. Now it's hard for us.  

Good for you.  That's how it works Veterans to Veterans helping the ones who can't or don't know how to help themselves'