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

[ultralight]

Berta,

I'm not sure how to work this thing.

I'm trying to get info as to why I was denied a K award for L/LOU of a creative organ

HELP,

ultralight

[ultralight]

Berta,

I'm not sure how to work this thing.

I'm trying to get info as to why I was denied a K award for L/LOU of a creative organ

HELP,

ultralight

P.S. I also read about the change from 10 years to 8 years last year. I am trying to find that publication now and will post it asap.

ultralight

[frosty69]

Berta

Maybe the Y award is a K award, don't know, all I know the letter which I have right in front of me says Y, the VA must of put in the wrong letter, whatever it is, all I know is that I get 89.00 a month for it. as for the DIC, WHAT I was talking about is in the VFW Gopher Oversea'r, a publication for VFW members here in MN. I re-read the article several times for it to sink in, I think I was wrong, I believe it is still 10 years. What I made a mistake is the paragraph under additional allowances effective 12/01/2007, where it states: add 233.00, if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years. (38 U.S.C. 1311 (A)(2)) basic monthly rate 1091.00 sorry for the wrong information, so that means I have to hope I last another 2 months so it will me easier for the wife to get DIC, as with PTSD and diabetes, will be hard to prove if death was service-connected, as the va says my cancer isn't from agent orange, and it is also affecting my heart in some way, SO if I happen to die from heart disease the va will probably say the cancer did it, not the diabetes or the PTSD stress problems.I can't help but worry as when I die, my wife will lose my income, as the life insurance won't last that many years, that is why we are going to sell our house, hopefully this summer and move into a apartment.

Edited March 27, 2008 by frosty69