Berta Posted February 13, 2011 Share Posted February 13, 2011 No problem Rich- and thanks for making the point about "L" and the steps needed to higher SMC awards. My biggest problem with my claim is that because my husband's AO disabilities were all misdiagnosed- it will be difficult for them to rate him properly. But I laid out the medical evidence to make it as easy as possible for them. Another problem is that it appears maybe the VA did not have the OGC FTCA info when they made their past decision that didn't consider him for SMC in 1998. That medical information might still have been in Wasington DC with the General COunsel. Still this critical evidence was in VA's possession at time of decision that I alleged SMC CUE on ( pending under Nehmer) so think I covered that one. You are our SMC GURU Rich and I appreciate all the posts you have made here over the years on this issue. The VBM by NVLSP also has examples of combos for higher levels of SMC. It is an interesting mandate as a statutory benefit and yet often very confusing. Some of the VA's responses to my SMC CUE claim have been ridiculous.Since filing it in 2004-they have yet to read and consider ANY of the legal evidence I sent them to support it.The medical evidence has supported the SMC since 1991. Link to comment Share on other sites More sharing options...
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