Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

100% Permanent N Total

Rate this topic


Recommended Posts

  • Replies 12
  • Created
  • Last Reply

Top Posters In This Topic

Entitlement to SMC-S (HB or A&A) runs from the date of documented proof -but only after you file and win for the predicate. It is not a claim you file for. It is an entitlement that is awarded based on the facts. If you suffered that which would provoke the SMC S in 2008, that would be the entitlement date. An entitlement can only be awarded secondary to a claim when all the facts prove you qualify for it. It is not necessary to CUE a failure to award SMC. You simply have to prove by a preponderance of the existing evidence that you were entitled to it at the time you filed for the conditions you won on.

SMC S is one of the least understood compensation items in VA's ratings arena. Read the following and it will really open your eyes to what SMC-S is.... and is not. Most Vets have no idea what SMC-S was designed for and the intent of Congress when it was enacted.

https://asknod.wordpress.com/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

a

Link to comment
Share on other sites

You don't have to thank me. Tbird is the one you wish to direct that to. We're just the hired help. Besides, you'd do it for me if the tables were turned. We don't ever leave them behind. Never again.

Clear Prop

Link to comment
Share on other sites

We had another similar question today......

I won a SMC CUE claim.

I think VA buggers up the SMC issue a lot.

SMC is an inferred issue whenever the circumstances warrant it to be considered.

It is also a Statutory Mandate.If they fail to consider it, based on estabnlished medical evidence,that is a CUE.

This is how I did it:

BTW I am still poed that VA tried to tell me they denied SMC consideration because "the veteran did not request SMC consideration in his lifetime".

There is absolutely no regulation or requirement at all to support their manipulation of the facts ( the SMC Mandate)

They tried to do all they could to piss away my NOD time as well, by responding to me with letters that borfer on the ludicrous, as they tried to wriggle out of the CUE.

They knew it involved a five figure award and , as a survivimng spouse , I was still eligible for accrued benefits.

If you have 100% for one SC and 60 or more for another independent disability (whether 1151 or direct SC) dont allow them to try to pull that BS on you.

If you are eligible for it, you do not have to request it.

Edited by Berta
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use