Smc S

[john999]

The agreement I signed says I am hiring Karl K. to represent me before the Veteran Court of Appeals. It is dated Septemeber 2010. My entitlement to the S award arose in 2008. The agreement also says that he has the right to retain 20% of my retro from a court decision. It also says he will get paid by EAJA.

[Berta]

That limits his representation solely to the CAVC.

Has nothing to do with your recent award for SMC.

[vaf]

I got the paperwork today on the VA's decision on my SMC "S". They called it a CUE. I guess it was a CUE since they should have granted the SMC when they became aware that I was IU plus 60%. I did not claim it as a CUE. They sent a copy to my lawyer who is doing my CUE going back to 1971. I think he might get mad that I cut him out of this, but it was my money and I did not need him since this was not an issue we were dealing with at the time I hired him. Get the CUE claims out since every IU vet plus 60% has a claim. You know before this I had IU plus 5 ten percent ratings. It was not until I got 60% for the heart that I got the SMC eligibilty according to the VA. I am way over IU plus 60%. Do you think my lawyer has legitimate gripe? He is taking my first CUE to court.

Personally, I don't think he has one. My husband's lawyer is handling the claims that reached the CAVC, but we have many others that didn't get that far -- yet. From what I understand, this situation is not all that uncommon. Many attorneys only want to handle the EAJA eligible cases (at the Court), and I guess others will take appeals at lower levels. The problem really comes when you start hiring different lawyers to handle different claims. That could also easily happen because you might find the lawyer you've already hired isn't interested in defending claims other than those that he or she agreed to handle at the time he or she was hired.

Also, I've posted previously about my husband's NOD under Bradley, and I did in fact call it a CUE, so I'm glad to know the VARO also interpreted it that way.

[navydoc2]

I put in a claim for sleep apnea, and if awarded that would put me in this category of IU+ 60 percent. My DAV rep didn't even mention Smc S to me. Do you have a copy of the fast letter, or a ling to where I can find it? I don't think that the VA will automatically award it if I'm granted 50% for sleep apnea on their own.

/doc

[Berta]

Teac posted the Fast letter on Bradley here:

[john999]

If you send in your claim mention Bradley V Peake when you request "S". IU plus 60% is the law now. It is not a debate or argument. Mine was granted as a CUE since I became eligible in 2008 and did not get "S" on schedule. I would say I am claiming SMC "S" based on the fact that as of such and such a date I became entitled due to being IU and being granted 60% as a separated rating. I would give the date I got IU and then give the date I got the 60%. You can do all this on one Support of Claim form. The VA should grant you "S" if you are entitled without you having to claim it. Your dumb VSO probably does not even know about it. Show him the Fast Letter so he does not continue to screw people due to his ignorance and the DAV's negligence.