Special Monthly Compensation At The Statutory Housebound Rate

[VetlawUS]

Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision?

SMC is an inferred issue in EVERY 100% rating - there is a section in the M21-1MR that discusses this requirement.

So, if you have a 100% rating, and the VA fails to consider SMC , this can be a valid basis for CUE (if you have no more time to appeal the Ratings Decision that failed to consider the SMC.

Just make sure that you can PROVE you are entitled to the specific SMC you seek - in a CUE claim, if you can't show that the "outcome would have been different" (even if the VA did make a clear and unmistakeable error) than you will not win.

[Berta]

Thanks Chris, I posted here in the CUE forum how I won a SMC CUE in 2012. (4 cues in 2 CUE claims)

I had to file a CUE yourself claim within the appellate period on one part of the 2012 CUE award.This was one of my 1151 issues.

No reg for that I made it up and it has sure been working for me many times.

I got my award letter yesterday for the pending CUE on the CUE of 2010 from the CUEs of 2003 and 2004, but they forgot to pay me 20 months of 100% P & T , plus Smc, one wife, one child and the deceased veteran....

I did get the 6 months retro in 2012 but the evidence VA had at time of the cued decision warranted 26 months.

Thank for bringing CUE to our attention...It cannot be repeated enough....

The worst CUE of all is the one that is never filed.

And it is not a one shot deal like the vet reps want us to believe.

If the BVA dismisses a CUE without prejudice, that means the claimant can re shape it and file it again.

Thanks for your info you post here.

.

I filed another CUE yourself claim with the director of my RO,via email , on the decision this AM. for the award letter I got yesterday.

She is probably quite frazzed because I filed Sunday, a CUE on their 1151 denial.

I also sent Ms. Hickey a copy of her email to me , sent on Sunday, from her blackberry, telling me both of my claims had been denied.,which I relayed to Ms. Hickey, and here I find in the mail yesterday that the CUE was awarded and "granted"

(But still buggered up.)

I got a bogus medical 'opinion' but they have a VACO opinion ordered by GC when I won FTCA, that fully supports the 1151 claim.It was an additional malpractice issue that GC didnt not resolve.

They did not extend me BOD per M21-1MR quidelines.....never mentioned it at all.

I sent them the healthgrades credentials of this top VA doctor at VACO.

The CUE I filed was unusual. It attacks the BOD regs via their M21-1MR version, I posted it here somewhere.

Ms Hickey the Under Secretary got this moving in the first place.

Buffalo VARO had not even acknowledged these claims by mail in over 2 and 1.2 years.

They sent me the 5103 2 weeks ago.along with the " we are working on your claim" BS letter

I need to clarify that I not only won FTCA and 1151 DIC,for wrongful death , I also won 2 separate AO direct SC death awards.( AO IHD and AO DMII.) FTCA offset had to be refunded to me.in 2010

Since my husband had a posthumous award of 100% P & T for SC PTSD, also , this is why they have to pay me the additional 1151 100% benefits.

I posted those 1151 regs here some time ago.

NOTHING IS IMPOSSIBLE with the VA.

Edited March 10, 2015 by Berta

[free_spirit_etc]

"I sent them the healthgrades credentials of this top VA doctor at VACO."

It is amazing that you would even have to do that. They deny claims all of the time based on VA doctors' opinions. They should be able to grant claims on them too.

[Berta]

It is amazing and also ridiculous.

She was and still is , as far as I know ,the chief cardio expert at VACO. She has done multiple FTCA opinions over the years for the OGC.

I had that documented in the evidence I sent to them.

I wonder if they will ask her to go against her own original opinion!

I have never seen a VA medical person ( I requested copy of the opinion but the director told me, she couldnt send it to me because they had already shipped off my stuff to VACO)

written they way the one I got was presented in the decision.I dont even know if they were a MD,PA, or nurse.

In every single VA opinion in an SOC, or SSOC i have gotten before, the doctors were named ,or at least identified as a doctor, nurse or PA.

For all I know, the opiner might have been the same 'specialist' they said was working ion my CUE claim for many months last year....

It was a lie .......no one was working on it at all...

if they were

I think the "specialist" is the same person who fills the paper cups for their water dispensers.

This is funny.

I have been putting off getting a new PC...I am tired as a claimant and as an advocate here.....

just completely burned out......that isnt anyone's fault.

I started thinking about doing something else this year, with my time, that would not require a new PC, and all the extra

stuff I have on it,primarly to do research for stuff I see here at hadit.

But Saturday when I got the 1151 decision, I ordered a brand new PC and printer with all the Bells and whistles I need!!!!!!

yesterday my PC man said it will be ready in about a week.or two.

I told him no rush because I still have so much ice and snow in my driveway that maybe by next week he can get in the driveway.

I cannot open my car doors more than about 6 inches on each side due to the way it has been plowed, and we had temps at wind chill 37 below 2 weeks ago.

whatever melts freezes right back up.

Yesterday my USPS man had to navigate over a large 2 foot clump of ice at the foot of my deck...I hollered down (I have long deck staircase) that I didnt order anything at amazon for a month so he wouldnt have to come here.

But It was an express mail letter from the OGC, on another matter I have pending...that he had to hand deliver to me.

And then he said he saw a ROBIN in Arkport NY. That is the best news I have heard in a long time!

Spring is really getting here and maybe our snow will melt by June.!

I live on top of the beautiful Appalachian Mountain Plateau and sure wouldn't want to be anywhere else!

I cant wait to get that new PC and printer all in one..

My scanner seems to be broke too so I cant even scan my decisions here.

Edited March 11, 2015 by Berta

[FormerMember]

I hate that when that happens Berta. (The broken scanner).

[Chuck75]

I've had several scanners, and retired them all in favor of a series of inkjet multifunction printers.

There is one I keep, but very seldom use, since it's optimized for scanning 35mm Slides.

A decent small office multifunction printer has as good a scanner as most of the stand alones,

Is arguably more convenient, has a better chance of getting software drivers updated, and so forth.

The major drawback is that the scanner function may not work if the printer ink is depleted.

(A way for the Mfrs to make more money.)

Figuring out the "real" resolution of a scanner or printer can be a complicated thing to do.

The specs can be misleading.