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Was I Entitled To Smc All These Years?

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The regulation you mean is not only a regulation but SMC is a statutory mandate, and I used that reg for my SMC CUE.

and a direct quote and copy of how NVLSP explains the mandate in the VBM.

Chuck is right .In my case my husband had been rated 100% P & T for SC PTSD EED to 1991, but they failed to consider SMC due to his 1151 1992 stroke, 80% NSC on the 1998 rating sheet.

Their lack of consideration and application of the SMC regulations was the first CUE,

Their ratings on a NSC stroke (which was actually 1151) became the next CUE,

And their diagnostic codes were wrong, 3rd CUE

I also enclosed the rating sheet that contained 4 CUEs.

The 4th CUE I raised in a separate CUE claim, as to no diagnostic code or rating at all for an 1151 IHD condition,which ultimately became an AO IHD condition.

100% PTSD, & 100% 1151 CVA equaled the SMC S award.

As jbasser said, treat this as a CUE.

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Also you need to read Bradley V Peake and the Buie decision, all available here at hadit under a search.,regarding TDIU and then either the 60% additional or HB status.

This is what Chuck means.I think , as I misunderstood his post at first.

I dont know how far Bradley and Buie go back to.

If the C & P was for a MH issue, the C & P examiner made a statement as to your competency.

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  • HadIt.com Elder

Technically, SMC is a statutory award, in that if you meet the requirements they are required to award it to you. I don't know that I'd call it a CUE, tho, as it may still be an open, undecided issue/claim, from your TDIU award. jmo

pr

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Berta, Phillip, Chuck, Broncovet, CRlie, Buck, Jbasser and Navy

Thank you all for your advice and attention. You guys are the best.

I need to see my c file. I will start with that to make sure I have all the info before I call attention to myself.

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  • HadIt.com Elder

Your welcome glider222

You do what you feel is best for you and your family.

I wish you the best buddy.

Buck!

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