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      How to get your questions answered. A few observations, and requests of all members. All folks who come here are volunteers who do this on their own time and their own dime.To avoid burning out our best contributors please follow these guidelinesf you are reading a post and it reminds you of a question you want to ask, start a new topic, if you place your question in someone thread it will be difficult to distinguish your question from the original poster, you will get better results posting a new topic with your question. 1. Before Posting please do a search and see if your question has already been answered. If you find the answer print it out and put it in a file to use as a reference file, I find this helpful myself. 2. If you can not find the answer and you do post a question, please print out those answers and refer to them to avoid duplicate questions. 3. Refer to the Frequently Asked Questions4. Duplicate questions will come up from time to time but the keeping them to the minimum will lighten the load on the regular volunteers.5. Respect folks privacy do not request their personal phone numbers for claims help, it is inappropriate and not why they are here.6. Keep the topics focused on veterans issues, in closing Search first Search ... Ask second.it may save a lot of time or at the very least enlighten you.
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    • A bit about Tbird and HadIt.com for those who've asked...

      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. So I found out about the Code of Federal Regulations, United States Code, Veterans Affairs Manuals and so on and so forth. Of course this was 1991/1992 I was living in a tiny studio apartment in a particularly bad neighborhood, working in a sheltered workshop making a nickel per envelope I stuffed throw in PTSD and you will see that it was a difficult task for me to get somewhere where they had copies of these, let alone that they would let me look at. And there was so much knowledge around me, it was like the gold rush in those days, I could just sit on a bench a veteran would sit down next to me a little conversation later I had another nugget, I made copious notes. Phone numbers to call, ask for this guy or that guy he'll give you the straight scoop and they'd slip me a piece of paper with a number on it. You want to read this regulation or that one and another slip of paper into my hand. I spent a lot of time on those benches watching the squirrels they gathered their nuts and I gathered mine :) So I'm thinking I could put a little handbook together print it out and hand it out at the VA. Or perhaps fliers. Still formulating, time goes by, 1994/1995 I am being treated for PTSD regularly and doing and feeling much better and I go to work for a company as a marketing systems analyst and I discover the internet. Well let me tell you that was perhaps one of the most significant life changing events I have ever experienced. And I might add finally a positive one :) It seemed only natural to me that surely there must be a website that contained all the knowledge I wanted, well as it turned out not so much, lots of stuff but I wanted to get straight to the claims information and there was a lot of stuff to wade through to get to it. So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
    • HadIt.com Pass It On Cards

      Hi I've updated our HadIt.com Pass It On Cards. They are in a PDF format you can print them out cut them there are 12 to a page. If you have found HadIt.com helpful and would like to pass it on to other veterans this is an easy way to do it.I hope you find them helpful, feel free to leave a few anywhere veterans gather, veterans centers, veterans hospitals, public libraries, be creative. Please make sure though, that if you want to leave some at any business you ask permission first.Here you go http://www.hadit.com...it_on_cards.pdf
    • VA Training and Fast Letter Forum Index

      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ http://www.hadit.com/forums/index.php?/topic/40963-va-fl-10-34/ http://www.hadit.com/forums/index.php?/topic/40964-va-fl-10-32/ http://www.hadit.com/forums/index.php?/topic/40966-va-fl-10-30/ http://www.hadit.com/forums/index.php?/topic/40967-va-fl-10-26/ http://www.hadit.com/forums/index.php?/topic/40968-va-fl-10-25/ http://www.hadit.com/forums/index.php?/topic/40819-va-fl-10-24e1/ http://www.hadit.com/forums/index.php?/topic/40818-va-fl-10-24/ http://www.hadit.com/forums/index.php?/topic/40817-va-fl-10-22/ http://www.hadit.com/forums/index.php?/topic/40814-va-fl-10-04/ http://www.hadit.com/forums/index.php?/topic/40969-va-fl-10-03/ http://www.hadit.com/forums/index.php?/topic/40812-va-fl-10-02/ http://www.hadit.com/forums/index.php?/topic/40808-va-fl-09-52/ http://www.hadit.com/forums/index.php?/topic/40806-va-fl-09-50/ http://www.hadit.com/forums/index.php?/topic/40970-va-fl-09-41/ http://www.hadit.com/forums/index.php?/topic/40971-va-fl-09-38/ 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Special Monthly Compensation At The Statutory Housebound Rate

55 posts in this topic

Posted

Sqmdae

There is nothing to develop in your SMC claim. You are either entitled to it or not. I think the VA is trying to BS you around on this. I got mine back in a month. I just quoted Bradley V Peake and pointed out my ratings and dates. They called it a CUE since I should have got it in 2008. If I had not claimed it (which I am not supposed to have to do) I never would have gotten it.

Phil

When you finally get the inferred S that will pay for your travel trailor and trips to Florida.

WAC

The VA are pros at cheating vets on these things especially effective dates.

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Posted

Thanks, John, it will!!!! I think my RO likes to mess w/me cuz they know I'm right. I just need to live long enough!

pr

Sqmdae

There is nothing to develop in your SMC claim. You are either entitled to it or not. I think the VA is trying to BS you around on this. I got mine back in a month. I just quoted Bradley V Peake and pointed out my ratings and dates. They called it a CUE since I should have got it in 2008. If I had not claimed it (which I am not supposed to have to do) I never would have gotten it.

Phil

When you finally get the inferred S that will pay for your travel trailor and trips to Florida.

WAC

The VA are pros at cheating vets on these things especially effective dates.

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Posted

I've just finished reviewing the VBM writings, on SMC, looking for additional ways to approach my "s" claim, for the 100+60 aspect, and see that they also use the combined ratings statement in their advice. I would have thought, by now, someone would have corrected this, but alas, they have not. Once I settle in, and can wait for their return call, I'll try again to contact the NVLSP for a better interpretation.

pr

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Posted

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

July 22, 2009

Director (00/21)

All VA Regional Offices and CentersIn Reply Refer To: 211B

Fast Letter 09-33 SUBJ: Special Monthly Compensation at the Statutory Housebound Rate

This letter provides guidance for adjudicating claims involving entitlement to special monthly compensation (SMC) at the housebound rate based on a decision by the U.S. Court of Appeals for Veterans Claims (CAVC or Court) in Bradley v Peake.

Background

38 U.S.C.

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Posted

Sqmdae

There is nothing to develop in your SMC claim. You are either entitled to it or not. I think the VA is trying to BS you around on this. I got mine back in a month. I just quoted Bradley V Peake and pointed out my ratings and dates. They called it a CUE since I should have got it in 2008. If I had not claimed it (which I am not supposed to have to do) I never would have gotten it.

Phil

When you finally get the inferred S that will pay for your travel trailor and trips to Florida.

WAC

The VA are pros at cheating vets on these things especially effective dates.

Thanks John, I hear you...

Bob

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Posted

"Accordingly, a determination for entitlement to SMC at the (s) rate must be made in all TDIU cases where potential entitlement to SMC (s) is reasonably raised by the evidence." This is most interesting..... now, the questions are, would it be retro to the date the TDIU was granted, but should have been SMC(s-2)? Should the Veteran be penalized because the VA did not interpret the law/regulation correctly? Is the VA notifying previous TDIU Veterans of the possibility of being eligible for SMC?

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Posted

I've just finished reviewing the VBM writings, on SMC, looking for additional ways to approach my "s" claim, for the 100+60 aspect, and see that they also use the combined ratings statement in their advice. I would have thought, by now, someone would have corrected this, but alas, they have not. Once I settle in, and can wait for their return call, I'll try again to contact the NVLSP for a better interpretation.

pr

I sent NVLSP my statement concerning the VA's use of combined evaluation rating concerning SMC. As soon as I get a response, I'll let you know. I did ask that they give me what argument against my contentions, less the "VA always did it that way", they could. I did some "tweeking" to it and can't seem to find any argument against it, so I'm hoping if there are, someone at NVLSP will find it.

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Posted

Citation Nr: 1105608

Decision Date: 02/10/11 Archive Date: 02/18/11

DOCKET NO. 07-14 752

During the pendency of the Veteran's appeal, a100 percent schedular rating was assigned for his service-connected anxietyreaction with depressive features, effective December 4, 2009. Nevertheless, TDIU is for considerationthroughout the entire period regardless of the total schedular rating. In Bradley v. Peake, 22 Vet. App. 280, 294(2008), the United States Court of Appeals for Veterans Claims("Court") determined that a separate TDIU rating predicated on onedisability (although perhaps not ratable at the schedular 100 percent level)when considered together with another disability separately rated at 60 percentor more could warrant special monthly compensation under 38 U.S.C.A.

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Posted (edited)

"I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks!"

I totally agree Philip-

whenever the medical evidence clearly warrants SMC consideration for S or anything else-they are supposed to award SMC.They might award the wrong level of SMC but at least at that point the veteran has a decision they can appeal.

If they should consider the SMC (by medical evidence they have) and don't even consider it enough to deny it, they have f---ed the veteran.

Most Appeals are over what they did wrong- not what they didn't do.

If they ignore the SMC issue and dont even consider it -even to deny it- then they have comitted a CUE.

I need to stress here- the medical evidence must be in VA's possession and on it's face would warrant SMC consideration.

The VA told me that my husband ( over 300 % SC) didn't "ask" for SMC so that is why they didnt consider it.

I asked them to produce the specific regulation in 38 USC that says 1114,38 USC applies, as written, to all disabled American veterans except Rodney F Simmons.

This is bull sh-t

SMC as I stated here before many times -with citations- is a Statutory and MANDATED inferred issue whenever the medical evidence warrants it.

That is established VA case law 101.

Even though they made a CUE on his IHD and CVA rating-the CVA rating alone -although wrong (80% but should have been 100%)would have warranted at least an SMC "S" Award.

I am glad you are asking NVLSP to clarify the question on combined ,bilateral etc.

I am completely confused by all that at this point.

But I have never been confused as to the statutory mandate of SMC.

In my opinion the VA snookers veterans by manipulating the SMC regs and I bet they are trying to snooker them under the AO regs as well as the new regs definitely ,in some cases,should warrant a proper SMC award.

I hold myself responsible for what led up to my SMC CUE claim because I believed what a vet rep told me in 1998 and he was wrong.That was my fault - I let it go- thinking he knew better then me.

When I re opened for direct SC death,then I realized they had snookered me and so I filed the CUE claims.

The 1998 1151 award clearly states their admission of causing additional disabilities (CVA 100% and IHD 100%)and the veterans death- totally up along with his 100% P & T PTSD award to 300% (not including some other issues they never rated )

Even an overlooked "K" award should definitely be appealed by a veteran.

SMC costs the VA big bucks.

So in my opinion, it is as likely as not that VA will try to get out of making proper SMC awards whenever they can and probably have done that to thousands of veterans in the past.

Many of our well paid vet reps are only to happy to see that you have gotten an award and reluctant to pursue it further in many cases-if the award is wrong- even though they know (sometimes they know) it should be appealed.

Besides it took them over 3 years after his death and 6 years after he filed his 1151 claim for them to adjudicate the claims I re opened in his behalf so how could he ask for SMC years after the VA put him on ice?

Edited by Berta

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Posted

I had to ask for it. In fact I believe that you have to ask for just about everything from the VA. That is why years after I was 100% Hadit and John999 helped me bet SMC-S

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Posted

PR, did you ever get a call back from NVLSP? I sent them an email, applicable regs with responses, but have not heard a thing from them so far.

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Posted

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.

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Posted

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.

They never considered SMC s when I got my 100% (TDIU, one disability), back in 1993..... I directly "inferred" housebound in the letter submitted to the VARO, the letter which I was told was what actually got me rated TDIU. Oh wait, I was able to make VA appointments, even though I had to have someone go with me, as I couldn't leave my house alone. Hell, I even wrote how I would hide when someone came to my door! Nope, SMC was never even mentioned........

Well, my A&A and Lupus claims are now in notification, as of this afternoon. Once I learn the outcome, I will be able to file for SMC using my statement against them using combined ratings! I tried calling the 800# to see if I could glean any information, but I guess it was just too soon. I did learn that something went on June 7th, I just don't know what, but it has to be reviewed now. Either way, I will be submitting my statement for SMC, using addition, not combined evaluation rating.

The fight begins again!!!.

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Posted (edited)

Hey guys....I don't know if this pertains to me or not, since it

is hard for me to wrap my brain around a lot of legal jargon at

the moment. I have filed form 21-2680 completed by my VA Psy requesting

A&A. Now you guys got me wondering if I qualify for Housebound.

Here is the statement from my award letter:

We determined that the following service connected condition(s) has/have

worsened, so we granted an increase in your assigned percentage:

Old % Assigned = 10%....New % Assigned= 70%......Effective Date= Aug 30,2005

Old % Assigned = 70%....New % Assigned= 100%.....Effective Date= Aug 26,2010

Entitlement to individual unemployability is granted effective August 30,2005.

Basic eligibility to Dependents' Educational Assistance is established from August 30,2005.

A finding of incompetency is proposed.

No examination will be scheduled in the future for your permanent and total disability/disabilities.

This is a grant of benefits sought on your appeal. Therefore, your appeal is considered satisfied and

has been closed.

The overall or combined evaluation is 70% effective August 30, 2005, however, you will be paid at

the 100% rate based on your entitlement to individual unemployability, it becomes 100% effective

August 26, 2010. We do not add the individual percentages of each condition to determine your combined rating.

Instead, we use a combined tating table that considers the effect from the most serious to the least serious

condition.

Am I eligible for SMC, or am I interpreting you guys statements wrong?

My VSO is of no help. He thinks that I should be "grateful for what I got

and don't open a can of worms with the VA". What bulls***!

Edited by Sidney56

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Posted

You need to be actually housebound or have total plus 60% to get housebound.

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Posted

WAC-Vet75, nope never heard back, yet. Next wk I'll be home all week and will try daily to get in touch w/them. I bet they'll call me back if I say I'm interested in leaving my estate to them!

pr

PR, did you ever get a call back from NVLSP? I sent them an email, applicable regs with responses, but have not heard a thing from them so far.

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Posted

John - mine was inferred in '99 when they awarded me, statuatory 100% but they denied it. It's been under appeal since'99 and is now headed back to the BVA, before returning to the court. In the meantime I have 20+10+10+10+10, which should total 60% and entitle me to the "s" award but they denied that, using the combined ratings chart/table, which is a clear error. At least it'll be awarded eventually to August, 2010, when I win that part.

pr

Pete

I think both you and Phil are owed retro on "S" since it should have been inferred when you got 100%. I would not give up on that. If there is nothing in your records that say they considered it and rejected it then you know they did not even think about it. 10+ years of S retro would be some big dollars.

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Posted

Sydney

If you did not notice this, the VA is proposing incompetency, according to what you posted. You need to address this, if you have not already.

Also, according to the way I interpret what you posted, you are 100 + 70, and eligible for SMC S under Bradley vs Peake. You would want to deal with both issues, but it is unlikely to matter whether you get SMC S or not if some crooked VA attorney winds up stealing all your money anyway as your fiduciary. If your wife or someone like this is your fiduciary, however, and you are comfortable with this, then leave it alone. But, unless there is a compelling reason, you do not ever want the VA to pick out your fiduciary for you...YOU want to do the picking. Probably a family member or trusted friend.

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Posted

I am in the same boat I am a 100% P&T but have a 50% 4 40% 2 30% 4 20% 3 10% they gave me the first level SMC my Dr. Put in for house bound twice.

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Posted

when i went thru my PEB/MEB the VA rep suggested that i be considered for housebound do to my PTSD, depression, anxiety. My son has to bring to my appoinments as well as my wife, My question is, I get 100% TDIU as with 40% for Degenerative Disk to the lumbar area and 20% to the cervicle area of my neck, 10% for left shoulder 10% for right knee Now this was all done for this Pilot Program called DES (disabitly evaluation system) the Army medically retired on June 9 2011 at 100% the VA rep is recommending SMC (s) Im just waiting on the decision letter. If im denied SMC how do i Appeal it.

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when i went thru my PEB/MEB the VA rep suggested that i be considered for housebound do to my PTSD, depression, anxiety. My son has to bring to my appoinments as well as my wife, My question is, I get 100% TDIU as with 40% for Degenerative Disk to the lumbar area and 20% to the cervicle area of my neck, 10% for left shoulder 10% for right knee Now this was all done for this Pilot Program called DES (disabitly evaluation system) the Army medically retired on June 9 2011 at 100% the VA rep is recommending SMC (s) Im just waiting on the decision letter. If im denied SMC how do i Appeal it.

patriot,

Welcome.

Please repost your info and questions by starting it as a new topic in the

corresponding Forum.

Thanks

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Wondering if my being rated at 90% and awarded TDIU... 60% BACK CONDITION 50 MOOD DISORDER 10%PPARALYSIS OF THE SCIATIC NERVE...Do i qualify for SMC?

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Posted

ammawa, start a new topic as this one is 3 years old and has lost its pazazz.

J

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Posted

Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision?

SMC is an inferred issue in EVERY 100% rating - there is a section in the M21-1MR that discusses this requirement.

So, if you have a 100% rating, and the VA fails to consider SMC , this can be a valid basis for CUE (if you have no more time to appeal the Ratings Decision that failed to consider the SMC.

Just make sure that you can PROVE you are entitled to the specific SMC you seek - in a CUE claim, if you can't show that the "outcome would have been different" (even if the VA did make a clear and unmistakeable error) than you will not win.

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Posted (edited)

Thanks Chris, I posted here in the CUE forum how I won a SMC CUE in 2012. (4 cues in 2 CUE claims)

I had to file a CUE yourself claim within the appellate period on one part of the 2012 CUE award.This was one of my 1151 issues.

No reg for that I made it up and it has sure been working for me many times.

I got my award letter yesterday for the pending CUE on the CUE of 2010 from the CUEs of 2003 and 2004, but they forgot to pay me 20 months of 100% P & T , plus Smc, one wife, one child and the deceased veteran....

I did get the 6 months retro in 2012 but the evidence VA had at time of the cued decision warranted 26 months.

Thank for bringing CUE to our attention...It cannot be repeated enough....

The worst CUE of all is the one that is never filed.

And it is not a one shot deal like the vet reps want us to believe.

If the BVA dismisses a CUE without prejudice, that means the claimant can re shape it and file it again.

Thanks for your info you post here.

.

I filed another CUE yourself claim with the director of my RO,via email , on the decision this AM. for the award letter I got yesterday.

She is probably quite frazzed because I filed Sunday, a CUE on their 1151 denial.

I also sent Ms. Hickey a copy of her email to me , sent on Sunday, from her blackberry, telling me both of my claims had been denied.,which I relayed to Ms. Hickey, and here I find in the mail yesterday that the CUE was awarded and "granted"

(But still buggered up.)

I got a bogus medical 'opinion' but they have a VACO opinion ordered by GC when I won FTCA, that fully supports the 1151 claim.It was an additional malpractice issue that GC didnt not resolve.

They did not extend me BOD per M21-1MR quidelines.....never mentioned it at all.

I sent them the healthgrades credentials of this top VA doctor at VACO.

The CUE I filed was unusual. It attacks the BOD regs via their M21-1MR version, I posted it here somewhere.

Ms Hickey the Under Secretary got this moving in the first place.

Buffalo VARO had not even acknowledged these claims by mail in over 2 and 1.2 years.

They sent me the 5103 2 weeks ago.along with the " we are working on your claim" BS letter

I need to clarify that I not only won FTCA and 1151 DIC,for wrongful death , I also won 2 separate AO direct SC death awards.( AO IHD and AO DMII.) FTCA offset had to be refunded to me.in 2010

Since my husband had a posthumous award of 100% P & T for SC PTSD, also , this is why they have to pay me the additional 1151 100% benefits.

I posted those 1151 regs here some time ago.

NOTHING IS IMPOSSIBLE with the VA.

Edited by Berta

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