John and Jerrel have invited me back again to finish the “Refile for SMC or CUE it” show from last week. We managed to delve through a simpler explanation of SMC and reduce it down to a more manageable concept to digest. Truth be told, after playing VA poker on this subject (SMC) now for about 5 years, there isn’t much for me to glean. Notwithstanding that, I know that the majority of Vets who discover this entitlement for the first time are stupefied to find out it’s been here all this time without so much as a peep from their VSO service officer. Boy howdy you don’t think that’s a little queer? It really isn’t. The Poohbahs don’t teach it. Remember who they all work for. Every Congressional charter issued to the 158 VSOs across our fruity plains clearly states
“We promise to help the VA adjudicate the Veteran’s claim(s).”
That’s like a guy t-boning you in an intersection after he runs a red light and saying he can get a red hot twofer from his attorney if both of you use him.
SMC is an “ancillary” or inferred entitlement. If you qualify, VA is required to take a gander. If they don’t- which is most often- you get screwed out of it. The best news is you qualify for it the day your medical records say so. No CUEs. No lost earlier effective dates. No “Shit oh dear! I was estoppeled.” You just go in and fix it with the correct evidence to prove your point and get your correct effective date. Well, that’s the way it’s supposed to work. Sometimes I buy a retrospective IMO to guarantee a win. All’s fair in VA War- as long as you don’t commit fraud of course.
Here’s the Mr. Potatohead beginner’s manual:
But we’ll talk about that tomorrow. Pull up a sofa or a comfy office chair and set a spell. Pop a cold one or pour a good three-finger single malt with a TNT back. Take a listen and enjoy life for an hour. We’re not selling anything. Or at least I’m not.
Here’s the computer link:
Or, you can call in to listen at
P.S. See attached CUE filing for forgetting to award all the entitlements. I’ll be discussing this tonight.
P.S. Here’s a link to the show in case you missed it.
Hi Alex, I know you told me that you are way too slammed to take on another case at the moment, so I was wondering if there is someone you recommend as an agent. I believe I have a slam dunk of a case but I’m not versed in all the case citing that you and your compadres are. Also like you mentioned last night on the radio show (which I made it on and listened to last night) as a layperson, I will be hard-pressed to get my own C-File so I am hoping to get an agent that can get my C-File (especially since I will be seeing a non-VA doc for the first time this Sunday and won’t me able to get the exam records via my “Blue Button Report” on MyHealtheVet website.
Try Nicholas Simpson.
Phone: (314) 279-8341
CUE prelim a thing of beauty! Where did you get your law degree???
I do listen to archived shows & appreciate the effort that goes into them. Tremendous service & info.
I would like to know if vets have the legal right to request dental staging apt. w/VA dentist who has access to medical records. The VA PCs either are or act clueless. https://www.va.gov/healthbenefits/resources/publications/IB10-442_dental_benefits_for_veterans.pdf
This is the 2019 fact sheet. There might be another more recent one.
If your VA PC declines to give you a referral for a staging apt., how does one appeal? Write to head dentist at your VISN? Does any VA law apply to dental staging requests by the vet?
(VADIP is private insurance and does not apply.)