SMC K CUE back to day after discharge 1976

[Berta]

I posted this in reply to another forum here and felt best to put it into the CUE forum.

I read this case fast....it might well be More than 28 years

Only SMC K (10%)but still a very nice chunk of change..... for 28 years retro!!!!!

 

 

"An effective date earlier than November 1, 1976, the day

 

following service discharge, is not warranted, since the

 

veteran was on active duty.  See 38 C.F.R.

 

§ 3.400.  Moreover, the veteran does not contend that an

 

effective date prior to November 1, 1976 should be granted. 

 

Therefore, an effective date of November 1, 1976 for the

 

grant of SMC for loss of a creative organ, is awarded.

 

 

 

 

 

 

ORDER

 

An effective date of November 1, 1976, for the grant of SMC

for loss of use of a creative organ, is granted, subject to

controlling regulations applicable to the payment of monetary

benefits."

 

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp04/Files3/0423933.txt

Absolutely Nothing at all is impossible. As within the criteria for CUE this veteran had established medical evidence in his service records upon discharge , established in the SMRs the VA had obtained,and were in VA's possession at time of denial,  and that evidence garnered the CUE award.