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Q691: VA got this one wrong. I’m an Army veteran with two Purple Hearts. I am 100% service connected for a bunch of things, like PTSD, like anxiety, depression, arthritis, COPD, and like TBI. My left leg has been amputated below the left knee from an IED in Iraq. We recently put in for SMC and we got denied. Are they serious? Does the VA think I did this myself? What do I need to do to get SMC? My VSO is not much help, he’s with DAV.
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A1: Chisholm Chisholm and Kirkpatrick were great help to me!
no payouts no fees. (TC) 4/1/21
A2: If you want quick and accurate action contact a V.A. approved Lawyer. He will get a small percentage of any back pay but well worth it. VSO's were never a help for me nor did they show any interest. I am 100% Total & Permanent. (RR) 4/1/21
A3: You need 100% plus and other one stand alone of 60% go to va.gov SMH. (PM) 4/1/21
A4: Best you can do is get an attorney it's difficult to do it on your own it sad that you were denied after went u went through rember the get who lost two legs he was denied can you believed that thank u for your service. (RT) 4/1/21
A5: Keep appealing and ask for a video conference. That's what I did and the judge awarded me my smc. (RN) 4/1/21
A6: Normally the VA will provide SMCs when they do a rating. If you want to ask for a SMC for homebound or A&A due to your SC disabilities, have your doctor complete a VA Form 21-2680 and submit it to the VA for consideration. Anytime you are not happy with your VA rating, you can ask for a Higher Level Review on a VA Form 20-0996. If you have additional evidence, then submit a VA Form 20-0995 for a supplemental claim. As long as these are done w/in the year of your RD you should be able to keep the same effective date, rules permitting. If you are just not happy and want it to go to the Board of Veterans Appeals, then complete the Notice of Disagreement, VA Form 10-182. If you are not happy with your VSO, then get a different one. You have that option. Thank you for your service! (DS) 4/1/21
A7: It is disability lawyer time. (TP) 4/1/21
A8: I used a VA accredited attorney to get my SMC. It was fast and easy. (GF) 4/1/21
A9: Thanks for Serving! I know what your going through. (GD) 4/1/21
A10: I don't know how your disability has been rated.according to 38cfr 3.350 you must have a loss of both feet or one foot and one arm. or you must be completely housebound with a 100% disability with an additional disability of 60%. I did not make up the rules, the va abides by the CFR., unless someone changes the regulations. (LD) 4/1/21
A11: See if you have a good VA rep, or even a VVA rep. I got messed up in Nam. The DAV when I seen them, did not do anything. The VVA Rep was great. Us guys from Nam had a hell of a time until we had our own Rep. If you have a VA rep, who actually wants to do his job then start with him. Also immediately if you can get ahold of your State Representative, Senator, Congressmen and so on. Do not hold back. If possible show up at there offices. Take pictures, record phone calls, how many times ect: If all else fails. The VVA has good lawyers and such. It is sad we have to fight for what we fought for even when we come home. Also they have hired some private company that are in the business of denying our claims. (PG) 4/14/21