hypertension I Just Found Out Have Additional Disabilities That Should Qualify Me For Smc "s" Award

[broncovet]

Phillip

Perhaps the 2 PTSD 100% awards could be used to your advantage, Philip. Remember, that after a decision is one year old, it becomes "final" independent of whether that decision is right or wrong. The VA would have to appeal it as a CUE. However, the VA can not appeal BVA decisions and cant appeal their own decisions either. ONLY the Veteran can appeal RO or BVA decisions.

The courts were set up for Veterans to appeal adverse decisions, not for the VA to "fix" their mistakes.

I really dont know how (or if) the VA can "fix" its own errors in decisions that are favorable to the Veteran. I realize there is "CUE" but the cases I have seen are always the Veteran initiating the CUE and never the VA trying to say, "Gee, I awarded you too many benefits in error". However, if there is "something fishy" then I know the VA can reverse Veteran favorable decisions, such as maybe that guy was not a Veteran at all, or if his discharge meant he was not eligible for benefits, such as a dishonorable discharge. But I am not sure the VA can easily "unaward" 100% even if they think he should only get 30% later, without going through the "reduction" process. In the "reduction" process, the VA has to show that the Veterans condition improved...it is not enough that another VA decision maker thinks that the Veterans condition never warranted 100% in the first place.

[john999]

Go for it, Phil, you will get it. This gives you a goal.

[Philip Rogers]

I received a phone call from my VARO to discuss my SMC "S" claim. I was advised that altho I have ratings of 100+100+20+10+10+10+10, it doesn't equal the 100+60 required, for SMC. I thought once you were over the 100% the remaining 60% is totaled using regular math and not VA math. I guess I'm wrong. They also explained that I don't have two 100% ratings, because they converted my (1989)100% for PTSD to 100% for PTSD and alcoholism, in 1999. When I inquired about my 20 yr protection he couldn't answer my questions. It was kinda sad cuz I generally know more than he does.

pr

[Pete53]

PR

It is kinda sad cause a lot of people know more than some of these so called experts. At least he admitted it.

[Philip Rogers]

bump

[Berta]

The way I understand 1114 (s) 38 CFR is that

the 60% must be the rating for one single independent SC disability, plus 100%SC or TDIU for separate disabilities.I have never seen the 10s combined (although those 10s could possibly warrant some K awards.

I think this is a way vets get screwed if their TDIU might well possibly be 100% with other disabilities all lumped together.

What I mean is this-

say the VA awarded a vet 30% PTSD and 60% IHD but say the award is a TDIU award.

What if the PTSD itself might have raised to a 100% SC level in time ? Could VA say the claim for 100% PTSD is moot issue because they already get TDIU or would VA then award 100% for PTSD plus the 60% IHD as the SMC "S" award?

I think many vets with TDIU never attempt to challenge what the actual TDIU ratings were even if they get worse.