I Guess I Won Something!

[john999]

Phil

Why did it take them almost ten years to award "K"? How high did you have to go in the appeals process? I know "K" is less than $100 a month but ten years worth is OK. Your VA savings plan. Now you get "S" and what will be the next challange?

[Philip Rogers]

carlie - it is probably the "k" award, based on the amount. The 100+60 shouldn't take long tho, cuz I brought the info WAC-Vet75 gave me, down to the RO, while they were working on my claim/CUE, for that. Shouldn't be long, unless they deny.

pr

pr,

I would agree it's most likely the "K" award.

I don't think the VBA has burnt up enough time yet (lol)

for it to be a decision on the 100 & 60, SMC yet.

Edited March 9, 2011 by Philip Rogers

[WAC-Vet75]

carlie - it is probably the "k" award, based on the amount. The 100+60 shouldn't take long tho, cuz I brought the info WAC-Vet75 gave me, down to the RO, while they were working on my claim/CUE, for that. Shouldn't be long, unless they deny.

pr

PR, just in case, concerning the 100% plus 60%, I'm making some records for my children AND Grandchildren... knowing how long the system works, all of us fighting for the 100% plus 60% may be LONG gone, if it goes through the whole system, RO-BVA-CAVC!

[Philip Rogers]

john999 - because my testosterone levels were low, they used a hypogonadism diagnosis to shoot down the "k" award. I got a "fair" but not great IMO, from my civilian urologist and submitted it, but kinda forgot about it since then, as I had a SMC case at the CAVC, I was more concerned about. I had been wondering what had happened to it and I guess that's what I just won. At least, the money is right, for that. Should know, tomorrow, for sure.

pr

Phil

Why did it take them almost ten years to award "K"? How high did you have to go in the appeals process? I know "K" is less than $100 a month but ten years worth is OK. Your VA savings plan. Now you get "S" and what will be the next challange?

[Philip Rogers]

Okay, finally received the decision letter and a SSOC dated two days later. They called a CUE on the ED and hypertension decisions and awarded the SMC "k" award retro to 2001. As for the 100+60 SMC "s" claim they still denied it, explaining that the additional 60% must be determined using the combined ratings chart. They also denied my 20 yr old claim for HB/A&A. It looks as tho I'll need to go to the BVA, on the 100+60 denial. Fun, fun, fun!!!

pr

[Berta]

Yippee, sounds like they had to go CUE themselves!!!!!!

I have been looking for this all week and just found it .It might help someone here if they have similar past denied SMC issue they want to file CUE claim on.

"M21-1, Part VI  March 18, 2003

Change 102

Erratum 

decision, and reasons and bases numbered item as the primary issue.  An example of such an issue statement might be "1.  Evaluation of psychotic disorder currently evaluated as 30 percent disabling; Competency to handle disbursement of funds."  Although each of the two issues would be separately justified within the same reasons and bases item, the sentences dedicated to the facts would be shared by both.  If the primary and inferred issues are each itemized in separate issue, decision, and reasons and bases paragraphs, discussion of a common fact-pattern may be confined to the reasons and bases of the primary issue. 

      a.  Special Monthly Compensation (SMC).  Consider entitlement to SMC as an issue in every case where there is a severe degree of disability involving the loss or loss of use of an extremity or sensory organ or any other functional loss providing entitlement to SMC.  If SMC is not granted, the reason must be indicated. 

      b.  Aid & Attendance or Housebound.  Whenever a single 100 percent evaluation is assigned in compensation or pension cases, consider entitlement to aid and attendance.  If aid and attendance is not payable, consider entitlement to housebound benefits.  In pension cases use rating code 19C in the rating conclusion when both aid and attendance and housebound benefits are denied. "