HadIt.com Elder Philip Rogers Posted May 29, 2011 HadIt.com Elder Share Posted May 29, 2011 john - In 1999, when the BVA awarded my 100% schedular, for PTSD, retro to 1989, they stated that HB and/or A&A were an inferred issue and then denied me, quoting the regulation in the reason and bases, for my denial, stating that I did not meet the requirements. I've seen many vets who weren't advised of the inferred issue and some who were. Since my award was in 1999, my inferred issue has been under appeal, since then, and continues to be denied. pr I would like to see where VA has inferred a potential right to SMC "S" for any 100% mentally disabled vet. Do they discuss in anyone's claim here that they considered "S" for 100% vet? Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted May 30, 2011 HadIt.com Elder Share Posted May 30, 2011 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted May 30, 2011 HadIt.com Elder Share Posted May 30, 2011 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted May 30, 2011 HadIt.com Elder Share Posted May 30, 2011 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 Link to comment Share on other sites More sharing options...
HadIt.com Elder Commander Bob Posted May 30, 2011 HadIt.com Elder Share Posted May 30, 2011 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Commander Bob Posted May 30, 2011 HadIt.com Elder Share Posted May 30, 2011 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 Link to comment Share on other sites More sharing options...
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