Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

does the va give backpay for SMC aid and attendance?

does the va give backpay for SMC aid and attendance?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
how far back will it go? when you were first awarded your 100% comp or just till you applied? thank you
Answered in 39 minutes by:
12/5/2014
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,428
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,
Thank you for your question. However, I am not sure what the initials SMC stand for, can you clarify that? Also, was disability and aid and attendance filed for simultaneously or was aid and attendance applied for at a later time? Finally, was this an Agent Orange claim or non-Agent Orange VA disability claim?
Ask Your Own Military Law Question
Customer reply replied 2 years ago
the sm. stands for special monthly compensation, the smc was applied for at a later time. non-agent orange.
thank you
Customer reply replied 2 years ago
also i went to my evaluation for the special monthly compensation aid and attendance, and they recommended a psycholgical evaluation (I'm applying for it because of schizophrenia) is this a good sign or a bad one? what does it mean?
Hello again and thank you for that information, it was helpful. I apologize for the delay in getting back to you but I was away from my computer for a bit. If you are referring to the actually claim for SMC, that would date back to the effective date of the original disability determination. So, there would be back pay to that date. On the other hand, if this was an Aid and Attendance application, it will only be effective back to the first day of the month following the application for A and A.
As for whether it is a good or bad sign that they want an evaluation, that is hard to say without looking at your medical record. If you already have an evaluation in the record, then I would be a little concerned that they want to do a new one. That might indicate that they are not sure of the diagnosis. On the other hand, if there is no VA diagnosis or evaluation for this condition yet, then it is a step in the right direction that they want to do an evaluation. They might also be trying to determine if you need Aid and Attendance assistance.
Please feel free to ask for clarification. I would be glad to assist you further if I can.
Ask Your Own Military Law Question
Customer reply replied 2 years ago
I applied in june for Special Monthly Compensation Aid and Attendance. The form also mentioned something about housebound. But I am not claiming housebound. So I think it is not the aid and attendance pension, but the compensation one. Hope this makes sense ma'am . So, if I understand you rite, I would be getting back pay all the way back from the year 2000? Also, how much extra is smc (I think for aid and attendance, sm. is paid at the L level)
I just got an evaluation for my 100% in feb early this year. Any tips or anything else you think i should know? Thank you so much!
The rate for SMC L, which is what it would be, depends on the number of dependents. You can see the rates though at: http://www.benefits.va.gov/compensation/resources_comp02.asp#BM01
Yes, if your diagnosis/condition that you are applying for the SMC for was in your original disability rating, then the SMC would be backdated to that date.
Not sure what you don't know, so difficult to cover everything without specific questions. But, as always, feel free to ask one if it comes to mind. I'll do my best to address it.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,428
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
Ask your own question now
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,428
20,428 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,530 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,153 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,428 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
Needing help on what to ask jag when i go for my appointment
needing help on what to ask jag when i go for my appointment next week … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I WAS GIVEN A CLEMENCY DISCHARGE UNDER HONORABLE CONDITIONS
I WAS GIVEN A CLEMENCY DISCHARGE UNDER HONORABLE CONDITIONS I WOULD LIKE HAVE IT REVIEWED SO I CAN START MY VA BENEFITS AGAIN WHAT DO I NEED TO DO … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a friend who is divorced and was awarded 1/2 of her
I have a friend who is divorced and was awarded 1/2 of her husband‘s military retirement. He was not retired at the time but he is now. No one ever contacted her about her half and now she's wondering… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I need a lawyer to help me receive my back pay from the
I need a lawyer to help me receive my back pay from the military. I have a court order that defas is not following … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I like that your answers hold. Even bad news is still the
Greetings,I like that your answers hold. Even bad news is still the truth. My situation is I have several years of points only drilling. I am retired and trying to get the pension paperwork straight. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have been trying to an answer regarding division of
I have been trying to an answer regarding division of retired pay after divorce. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers
I was just reading my question that I previously raised with
Hello I was just reading my question that I previously raised with Marsha I now have been found 100% disabled with psychiatric issues such as Schizoid personality, depressive manifestations and persis… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
DD256 AF need DD 214, STATESIDE, I RECEIVED service connect
I RECEIVED service connect disability; never received DD 214 from AF. Received DD 214 from Army but not AF … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have a son, but I haven't claimed him as my dependent. If
I have a son, but I haven't claimed him as my dependent. If I do, am I eligible for back pay dates back to basic training which was a year ago?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I am a veteran with a VA disability. My rating was just
I am a veteran with a VA disability. My rating was just raised from 50% to 100%. It was backdated to 2011. I am now receiving a monthly deposit of approximately $2,900, which is the 100% amount. Howev… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My husband and I have been married for almost 12 years. We
Hi! My name is***** husband and I have been married for almost 12 years. We have been separated for the past 4 years. We do not have any children so we have not had any contact within the 4 years. Thi… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My daughter is in the AL army Reserve. She is in her 7th
My daughter is in the AL army Reserve. She is in her 7th year and as yet as never received her sign up bonus of 20k. She recently reupped was promised 10k and was just told she wouldn't receive it eit… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
Can CRSC lump sum payment be taken by child support
Can CRSC lump sum payment be taken by child support arrearage, or only the order amount? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have a GOMAR in my records and I was cleared of all
I have a GOMAR in my records and I was cleared of all allegations against me but the Army Board of Corrections has ruled to leave the GOMAR in my records. The GOMAR was placed in my records before the… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have a 6 year old son who I just recently added as a
I have a 6 year old son who I just recently added as a dependent to my monthly disability rating The VA approved him as a dependent but didn't mention or show anything pertaining to him being retroact… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
I have a question regarding military law: is de facto
I have a question regarding military law: is de facto retired status a proper remedy for wrongful discharge? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,530 satisfied customers
My ex is refusing to pay my portion of retirement and is
my ex is refusing to pay my portion of retirement and is behind in child support 8 months … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've got a great question: My decree awarded my expire 50%
Allen I've got a great question: My decree awarded my expire 50% of my military retirement at 13.6yrs of service and approx. 11 yrs of marriage. She applied for my retirement immediately after I retir… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x