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Smc Decisions And Cues


Berta

Question

In 1998 I didnt know what SMC really was.

When my new vet rep read my accrued death benefit award letter (it came just as I transferred POA from the DAV )

he said something that bothered me for years-

he said- that's funny-they didnt pay the vet for his disabilities under Sec 1151-but

He never mentioned filing a NOD at all-

I realised by 2004 that he meant retro SMC- and you all know I have a CUE claim on that presently.

I am convinced that the VA either fails to award SMC properly in some cases or simply says the vet isn't eligible in other cases- and the vet- if they knew as little as I did years ago or have a vet rep who also isnt on the ball- has lost SMC benefits that only a CUE can regain (if the year NOD time is over).

In Marlow V. Brown the veteran believed his SMC comp in a 1948 decision was clearly erroneous.

He did receive the "m" award. He questioned this in the 1980s, succeeding at the court in 1989 and was awarded the SMC "O" award retro to 1948. Marlow was severely disabled to begin with.

He could not speak, had convulsions, complete right side paraysis and also had lost the ability to read.

The "M" award is a high level of SMC but the veteran knew he was rated wrong and continued this appeal until the court decided it- in his favor.

SMC can often be a confusing issue-but

It sure pays to consider 38 USC 1114 and 38 CFR 3.350-352.

SMC is an inferred issue in all claims that have potential entitlement for SMC consideration proven by medical evidence.

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Guest frank
In 1998 I didnt know what SMC really was.

When my new vet rep read my accrued death benefit award letter (it came just as I transferred POA from the DAV )

he said something that bothered me for years-

he said- that's funny-they didnt pay the vet for his disabilities under Sec 1151-but

He never mentioned filing a NOD at all-

I realised by 2004 that he meant retro SMC- and you all know I have a CUE claim on that presently.

I am convinced that the VA either fails to award SMC properly in some cases or simply says the vet isn't eligible in other cases- and the vet- if they knew as little as I did years ago or have a vet rep who also isnt on the ball- has lost SMC benefits that only a CUE can regain (if the year NOD time is over).

In Marlow V. Brown the veteran believed his SMC comp in a 1948 decision was clearly erroneous.

He did receive the "m" award. He questioned this in the 1980s, succeeding at the court in 1989 and was awarded the SMC "O" award retro to 1948. Marlow was severely disabled to begin with.

He could not speak, had convulsions, complete right side paraysis and also had lost the ability to read.

The "M" award is a high level of SMC but the veteran knew he was rated wrong and continued this appeal until the court decided it- in his favor.

SMC can often be a confusing issue-but

It sure pays to consider 38 USC 1114 and 38 CFR 3.350-352.

SMC is an inferred issue in all claims that have potential entitlement for SMC consideration proven by medical evidence.

breta, what is a smc? frank
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  • HadIt.com Elder

Frank

SMC is special monthly compensation and you may be eligible. You need to check into this.

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John is right-

It is complicated to read Frank- but if you are eligible, you should get this benefit-

there are many ways a vet can get SMC.

http://72.14.207.104/search?q=cache:BsO-6X...k&cd=1&ie=UTF-8

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Guest frank
John is right-

It is complicated to read Frank- but if you are eligible, you should get this benefit-

there are many ways a vet can get SMC.

http://72.14.207.104/search?q=cache:BsO-6X...k&cd=1&ie=UTF-8

breta, john,thank you both, as soon as i found out what smc was, i took my air-force papers,and had them at va by fax in 10 mins,i just applied my medical papers,and opened a claim the i never even looked at the web i thought you guys knew what you were talking about,so away i went . thank you guys . i was only 17ys old when i went into,air force, in 1 year i made staff sergeant,then i had the accident at the pool, i dove off the diving board and hit the water hard, got a hole in my ear, was in hospital 7 months,got 3 needles every day for 7 months , my rading?0,no joke,that,s alli got,however when i got my file, in 1994,they rated me 100%, but never told me i had tried 4 times over the years to get my records va always stated no records found,i wrote a letter in 1949,not my idea,but my officer told me to write for a rading,that letter has the va stamp on it,i have copy of that letter i also stated i wanted to keep my insurance,again noy my idea,what did i know about these things, and at that point in my life who cared? thank god my offictor did. any way in records found medical records,in my name my service number but this guy is half dead,so i know they are not mine, but i did not know this until 2003,when i got my records navy records are messed up too,but i told va i will keep my 100% ptsd for navy 52-56,then i applied the guy who is half dead to my air force and sent medical proof i had from him then i applied for smc under the section 38 and the numbers that applied,i can,t thank you both enought, for taking the time to help me frank
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Frank

I see you plan to go down fighting. If you are 100% schedular there is a chance you can get SMC. If you heart condition is rated at 60% you can get SMC. This is something to look into. How old are you if you don't mind my asking? I hope I have your spunk when I am your age.

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Guest frank
Frank

I see you plan to go down fighting. If you are 100% schedular there is a chance you can get SMC. If you heart condition is rated at 60% you can get SMC. This is something to look into. How old are you if you don't mind my asking? I hope I have your spunk when I am your age.

john, i am 78 ys old, and i don,t mind you asking,i will fight va if needed to the highest court in the land, i do this for all veterans,no veteran will go what i went through and if i can help you guy,s by doing this do it i will,as i am a ww2,vrteran,i fell my voice ,will be heard,ileave this cause to every veteran.the usswasr was listed as the greatest non-war accident ti every happen in the last century, i would also like to share a true story, for you to all know about. one night our plains are out on traing flite,., when a thick fog appeard, so thice you could not see your hand,in frount of your face,plains,could not find ship we tried everything to help them find us. the plains,only had 1 hour of fule,they would crash in ocean soon,captain ask us all to pray.3000 men got down on their knees we said the OUR FATHER, and ased GOD to help SUDDENALY a hole opend in the sky.everyone made it back to ship, once all were back on ship, the HOLE CLOSED,this is a true story for i was one of the sailors,that prayer that night.this story was on a program called one step beond,i want to share this story to each of you,we are SPECIAL PEOPLE let no one put us down,AND THERE IS A GOD HE PROVED HIMSELF THAT NIGHT, i hope you all tell your children,grandchildren,this story,when i have died you will always remenber THERE IS A GOD, frank
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