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

[Berta]

Frosty -you have to hang in there veteran-

nothing is over until it is over-

I am confused as to what you said-

I am unaware of any 8 year DIC rule except this one:

"26.13.1 DIC REFORM--PUBLIC LAW 101-568

The Veterans' Benefits Act of 1992, Pub. L. 102-568, reformed the DIC program effective January l, l993.

a. Veteran Died Prior to January l, l993. If the veteran died prior to January l, l993, DIC shall be paid to a surviving spouse based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the table under 38 U.S.C. 1311a(3) OR payment as determined under 38 U.S.C. 1311a(1) and (2), whichever provides the greater benefit.

b. Veteran Died On or After January l, l993. If the veteran died on or after January l, l993, DIC shall be paid to a surviving spouse at the basic monthly rate as provided under 38 U.S.C. 1311a(1). An additional monthly allowance shall be paid as established under 38 U.S.C. 1311a(2) 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. Both requirements must be met in order to establish entitlement to this supplemental allowance. Determinations will be made based on evidence in file, or deemed in file, at the time of the veteran’s death. See Part VI, paragraph 5.06c"

from:http://64.233.169.104/custom?q=cache:D7Gi83muhfwJ:www.warms.vba.va.gov/admin21/m21_1/part4/chg222.doc+M21-1+DIC+change+8+year+rule&hl=en&ct=clnk&cd=2&gl=us&lr=lang_en|lang_es&ie=UTF-8&client=pub-7326217334650925

Thus rule is only regarding the prior 1993 way DIC was decided-it was based on the veteran's military pay-

these days it is a set rate for all widows and widowers.

What is a "Y" award?

[Berta]

Don asked:

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

yes if they meet the service connected qualifications,medical evidence requirements, and SC percentages--

SMC has been discussed here at length and it is all available under the search feature-

as well as within 38 USC 1114 and 38 CFR 3.350.

[donews]

Don asked:

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

yes if they meet the service connected qualifications,medical evidence requirements, and SC percentages--

SMC has been discussed here at length and it is all available under the search feature-

as well as within 38 USC 1114 and 38 CFR 3.350.

Berta,

Thank you for the answer.

Thats what I needed to know.

[frosty69]

Berta

I read about it in a veteran magazine, if I remember right it was the legion overseer, in Jan. unless I misinterpret what I read, it said DIC was changed from the 10 year rule to 8 years, effective in Jan of 08, I saved the article for the wife, she put it away, and now can't find it, if I find it, I will type what it says. As for the Y award, I get a extra 89.00 a month for erectile dysfunction secondary to my service-connected diabetes from agent orange

[ultralight]

Don asked:

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

yes if they meet the service connected qualifications,medical evidence requirements, and SC percentages--

SMC has been discussed here at length and it is all available under the search feature-

as well as within 38 USC 1114 and 38 CFR 3.350.

I was denied a K award for erectile dysfunction due to antidepreddant meds. Do I need to have diabetes?

[Berta]

I think you get the "K" award.There is no Y award.

It would be good to find that AL article. This is -as far as I know- not a new regulation at all.

There is nothing in the recent Gold Star Wives newsletters I get about this-and I have not seen this even as a proposed reg at the Federal Register web site.