About to fight for a new effective date for smc

[kidva]

So I have been looking to get a new effective date for my smc benefits. I ran across this case. Does this mean the effective date should be the effective date of the condition.

If, after such an assessment, VA determines that the claimant is entitled to special monthly compensation, the effective date of the award of special monthly compensation will be the effective date assigned for the award of benefits for the final disability that forms the relevant combination of disabilities. Buie v. Shinseki, 24 Vet. App. 242, 250-51 (2010), as amended (Apr. 21, 2011.

The thing is all the decisions I have search on bva site are all granted the date of claim. Am I missing something.

[kidva]

There is a lot of case that seem to point to that the effective date for smc benefits isn't the date of claim.

Here is another case.

Perciavalle broadly states that VA treats SMC 

as an "ancillary benefit" or "inferred issue" that may be raised by the record even when not 

specifically raised by the claimant. 32 Vet.App. at 1

22

[ShrekTheTank]

I am 10 going on 11 years and I am at the part where I have them at changing the percentage and going back that whole time.  I hope this is the only time I have to do it, because it does suck.  

At the end of the day it is worth it.  I was able to pay off our home and cars and are debt free.  

With this I for sure will go get a truck I want and pay cash for it.  Crossing my fingers they do not try some old BS.

I had the last exam 3 months ago and it is a BVA x3 and CAVC x2, 

The CAVC and Bergmann and Moore both agreed they were both not correct.  So now I wait on the regional office to make a decision.  

I hope they follow what was laid out for them, but we will see.  

 

Keep fighting and never give up!!!

[relatively happy camper]

13 hours ago, kidva said:

There is a lot of case that seem to point to that the effective date for smc benefits isn't the date of claim.

Here is another case.

Perciavalle broadly states that VA treats SMC 

as an "ancillary benefit" or "inferred issue" that may be raised by the record even when not 

specifically raised by the claimant. 32 Vet.App. at 1

22

SMC "s" (HB and/or A&A) if failure to mention in decision, used to be an inferred issue when 100% or TDIU were awarded.  Failure to do so leaves that claim open and I believe is a CUE.  I'm fairly sure the rule still exists.  I believe that was the case in my claim.