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2007 Vbm In Mail To Advocates


Berta

Question

The new VBM just arrived-

I am too busy to look it over but opened to a statement that I think is overlooked by many veterans.

Page 372-

Special Monthly Compensation due To CUE.

As you all know I have CUE claims filed on SMC-lack pf consideration in 2 final VA decisions.

NVLSP explains it better than I think I did here-

They cite Marlowe V Brown in which the veteran -at time of a 1948 BVA decision, could not speak nor read and also had epiletic convulsions- all service connected---- as well as

complete SC paralysis of right side.

The veteran in the 1948 decision was awarded SMC "M"- a high level of SMC.

However in 1989 the vet questioned this final BVA award with a CUE claim which denied by the BVA, went to the court.

The court agreed and reversed the BVA denial- the veteran was awarded under this CUE retro SMC to the 1114 38 USC "O" Level- from 1948 to the date of the court decision- ( in 1993 I believe-)

A veterans should NOD or CUE -if the decision is final- any decision that does not properly consider them for SMC based on medical evidence that warrants either the "s" award 100% plus 60% or higher levels of SMC.

If Marlowe is still alive today- and has no dependents- his SC comp including this SMC award is

$4,313 a month (vet with no dependents at "0" SMC)

Had he not Cued this successfully his comp would be $3,392 a month for the "M" award.

VBM-the established advocate cost is 104.00 for the 2007 edition plus tax and shipping from Lexis Nexis -I dont know what the VBM costs for others-

Edited by Berta
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  • HadIt.com Elder

I have a CUE claim for effective date because the VARO did not properly rate my 100% P&T with a VA Doc's Medical Diagnosis of Panic Disorder with Agoraphobia. Bottom line is if I prevail they will owe me retro from Dec 2006 to Nov 1993.

I find it very weird that the VA loudly declares that it is on the Veterans side and yet it is up to the Vet to know how to properly instruct the VA to handle the claim thoroughly.

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I dont understand if your schedular percentages add up to some special number you get more SMC?

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ALl SMC regs are found within 38 USC 1114. There are many levels of SMC and many types.

The "K" award is independent of the other forms of SMC.

The "S" covers Housebound or 100% SC plus separate 60 % SC disability.

Section 1151 disabilities also qualify for SMC consideration.

M21-1 clearly states that any veteran with potential for SMC will be given SMC consideration.

Usually any 100% award will (should)trigger VA to state that they considered SMC

and either awarded or they will give reason for denial of SMC which the veteran can appeal.

The criteria for the numerous types of SMC is surely all here under a search and too lengthy to type here again-

It often takes a very thorough review of medical records for a vet to determine what SMC criteria they should be in.

It can become complex. I asked VA for SMC accrued at the "M" or "R" level (forget which one)based on the clinical record of my husband and

sent the established medical evidence to support that level of SMC.

I feel a claimant should assess what level they should be at when they file the claim- and this helps them focus on the specific evidence they need.

SMC levels -the lowest is the K award- $ 89.00 per month and the highest is SMC R-2

A vet rated at SMC R-2 with one dependent spouse gets $7,209 per month in comp.

It isnt a question of how ratings add up- more a question of the level of disabilities-

This case shows a vet in the SMC "M" criteria - the higher the levels go- the more catastrophic the disabilities are-

http://www.va.gov/vetapp97/files1/9706393.txt

The RO Cued itself on one part of a decision (which only involved an additional month of EED-but the veteran failed to adequately NOD what he was claiming-and only a CUE claim could have possibly gotten him an retro award.

The vet got rid of his representation during the appeal and this might be why he did not succeed.

The decision clearly shows that the veteran (who might have had good basis for his claim) failed to NOD the proper decision and-since he rescinded his POA- the POA didn't either.

In my opinion- a lousy as some vet reps are-

a vet takes a BIG chance-unless they know 38 CFR in and out-

to pursue a claim at the RO level-or proceed to the BVA without a rep.

Edited by Berta
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I really need to look at this, I read the case and I have more percentages than he does.

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  • Community Admin/Founder

got mine today Yahoo! i really need to get out more ;)

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  • HadIt.com Elder

In my experience the VA does not always consider SMC when they should do it since every case of 100% schedular should be considered for Housebound and they don't do it. If you have DMII and have ED I don't think they consider and award SMC for loss of use automatically. It is my experience that you have to pry every penny out of these people. They thrive on vet's ignorance of the regs and their rights.

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Mine just showed up in the mail today. I did not request it but I guess that they want to insure that those who help vets stay updated.

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