Special Monthly Comp

[Berta]

I am going over all of my VAOLA crapola here-

and I bet many vets are denied SMC consideration.

In looking at my evidence for my SMC CUE claim-

the regs clearly state that

"if the evidence demonstrates disability meeting the criteria for A & A or Housebound benefits, enitlement must be established; failure to do so would constitute clear and unmistakable error."

The regs in M21- have the last part underlined as to clear and unmistakable error.

This is but one piece of my evidence for my CUEs but I bet that many vets could NOD a retro for SMC , get an SMC award, yet years down the road find that they were eligible sooner under these regs and then file a CUE claim.

SMC is often an inferred issue explained here:

http://64.233.169.104/custom?q=cache:abj4I...326217334650925

[donews]

Berta,

I do not want to lead your post of topic, but I do have a question about SMC.

Is SMC due to any veteran who meets the qualifications for any particular SMC level?

Doy ou have to have served any particular amount of time or any other odd stipulation like that?

I might be confusing this with combat related disability or something, but it keeps running through my head SMC was for retiree's or something like that.

[Berta]

I forgot to give citation for that first reg:

if VA fails to consider A&A, or HB when evidence merits it they commit clear and unmistakable error as within:

http://64.233.169.104/custom?q=cache:DC0lK...326217334650925

[Pete53]

Thank you Berta I am going to use this for Appeal of Earlier effective date for SMC that was awarded Oct 2007 when I was Service Connected 100% for Panic Disorder effective date of November 1994. Or thirteen yeas of no back pay. that I still feel is owed.

[Berta]

GREAT Pete -I hope it helps you!

[frosty69]

if VA fails to consider A&A, or HB when evidence merits it they commit clear and unmistakable error as within

this statement is true, but my VA where I go don't follow their own rules, when I got my 100% P&T plus a Y award, the VA didn't even tell me about A&A/Housebound, I found out about it on this board, so, I filed a claim for A&A/Housebound in early 2004, so after 2 denials and 2 appeals, my claim went to the BVA 3 months ago, and I still didn't get a C&P exam, I feel it is just a stalling factor, as the VA knows I in-operative cancer of the liver, and won't last to much longer anyway, then my wife will have to refile all my claims over again, but thank goodness they changed the 10 year rule to 8 years, even though I will have my 10 years in on June 1, so hopefully it will be easier for the wife to get her D.I.C.

[Pete53]

Frosty you are in my prayers. On CBS tonight they showed a woman aged 63 who had inoperable cancer and the Doc in Miami with a big team took all her organs out and than got the cancer out of aorta and arteries and put her back together and she is going home after 3 weeks and a good prognosis.

I wish you the best you have been here quite a while. I am glad that you will make it past the deadline.