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-
Question
Berta
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 BertaLink to comment
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