A veteran should never overlook that they might be getting SMC now but that the VA might have erred in a past decision by assigning the wrong SMC level or by not even considering them for SMC when the medical evidence clearly warranted SMC consideration.
Marlowe V Brown is discussed in the VBM (NVLSP) as a successful CUE claim regarding SMC.
Marlowe received a RO decision in 1948. He was service connected for complete spastic paralysis of the right side.He also was prone to cnvulsions and had aphasia.
The RO awarded him SMC "M". he didnt appeal this but years later realised they had committed a CUE.(He filed the CUE sometime in the 1990s.
The VA agreed and paid him retro for the "0" award back to 1948.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Question
Berta
A veteran should never overlook that they might be getting SMC now but that the VA might have erred in a past decision by assigning the wrong SMC level or by not even considering them for SMC when the medical evidence clearly warranted SMC consideration.
Marlowe V Brown is discussed in the VBM (NVLSP) as a successful CUE claim regarding SMC.
Marlowe received a RO decision in 1948. He was service connected for complete spastic paralysis of the right side.He also was prone to cnvulsions and had aphasia.
The RO awarded him SMC "M". he didnt appeal this but years later realised they had committed a CUE.(He filed the CUE sometime in the 1990s.
The VA agreed and paid him retro for the "0" award back to 1948.
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
Link to comment
Share on other sites
Top Posters For This Question
3
2
2
1
Popular Days
Mar 25
7
Mar 26
1
Top Posters For This Question
Berta 3 posts
Jayg 2 posts
ultralight 2 posts
Tbird 1 post
Popular Days
Mar 25 2008
7 posts
Mar 26 2008
1 post
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now