hawkfire27 Posted March 13, 2011 Share Posted March 13, 2011 We are also looking at a CUE regarding SMC going back to 1988 when my husband recieved 100% for PTSD. It was never taken into consideration at all. The PTSD claim has already had 3 CUES granted with adjusting effective dates, and not once did SMC or A&A come up. Thankfully we also have an IHD with nehmer going back to 1996 which the C&P exam put at about 60-100% so if the CUE fails then we should get SMC statutory HB with this rating from 1996 anyway. Hadit has been so great. We have both learned so much. Finally my husband is getting the benefits he earned. Thanks to everyone again! I am thinking of 20 years of "S" for Phil in retro. That would be a lot of money. I know Pete53 has the same CUE, and it also means some big money. I think the VA will fight this because of the amount of retro so you guys just have to live long and prosper. Me too on my CUE that is slowly working its way through the court. It is not as clear cut as "S". We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go. Link to comment Share on other sites More sharing options...
hawkfire27 Posted March 13, 2011 Share Posted March 13, 2011 (edited) Ummm just noticed it seems they just CUE'd again. Your denial for 100+60 shouldn't have anything to do with the combined ratings chart. Check this out: http://www.law.corne...14----000-.html Scroll down to SMC S at the bottom. ------------------------------------------------------------------------------------------------ (s) If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime. --------------------------------------------------------------------------------------------------- This means that after 100% everything is rated as it is without ratings being combined. Otherwise it would read 1) has additional service-connected disability or disabilities with a combined rating of 60 percent or more, and it doesn't say this. You shouldn't have to go to the BVA for this. You should be able to ask for reconsideration at the VARO level. This one is pretty blatant, make sure you send a copy of the law and include a reference to it in your reconsideration request letter. 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 Edited March 13, 2011 by hawkfire27 We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted March 13, 2011 HadIt.com Elder Share Posted March 13, 2011 They did the same to me Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted March 13, 2011 Author HadIt.com Elder Share Posted March 13, 2011 john - they did imply HB/A&A back when I won my retro to 100% but denied it and have been fighting it all the way. I think it's been to the BVA 3 times and CAVC once. They just denied it again, along w/my recent error claim for 100+60 back to July, 2010. I just found out, recently, I now meet the 100+60 rule, by having additional disabilities rated an additional 60%. They just denied that, even when I added an additional statement showing them that the 60% is not to be considered using the combined ratings chart. Hey, just gives me something to live for. Heck, I never thought the little "k" award could add up to $10.5k but it sure was a sweet surprise! 21 yrs of an "s" award sure will be sweet also. pr I am thinking of 20 years of "S" for Phil in retro. That would be a lot of money. I know Pete53 has the same CUE, and it also means some big money. I think the VA will fight this because of the amount of retro so you guys just have to live long and prosper. Me too on my CUE that is slowly working its way through the court. It is not as clear cut as "S". Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted March 13, 2011 Author HadIt.com Elder Share Posted March 13, 2011 hawkfire27 - thanks - WAC-Vet75 and I have been batting that back & forth and I even had 2 calls from my RO, about it. They told me I didn't meet the requirements using the combined ratings chart (CRC). I, then, followed up(hand carried) w/an addendum to my claim explaining that the CRC shouldn't be used and explaining why. They then denied it. I think I'm going to contact the NVLSP this week and see what I/we can do - perhaps a class action suit - as both WAC-Vet75 and I feel they have been blanketly, across the board, been misapplying this application, for vets, all along, like forever. I/we feel there are probably $billions$ at stake. My claim for HB/A&A has been ongoing for almost 21 yrs and they just keep denying it. In the recent SSOC they recently shot down a statement from my ex "stating that it wasn't a sworn statement" (ie: affidavit) and therefore held no validity. They stated they didn't give one of my Psychologist's Mental Residual Functional Capacity Assessment much weight because, at the time, he hadn't seen me in a 5 yrs, even tho his assessment was on the time period he was seeing me. At about $50k-$60 retro pending I'm not about to give up, especially knowing I've won every claim I've appealed, including 5-6 CUE's. About 2 wks ago, I emailed the NVLSP about the CRC and the additional 60% but never heard back. pr Ummm just noticed it seems they just CUE'd again. Your denial for 100+60 shouldn't have anything to do with the combined ratings chart. Check this out: http://www.law.corne...14----000-.html Scroll down to SMC S at the bottom. ------------------------------------------------------------------------------------------------ (s) If the veteran has a service-connected disability rated as total, and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or, (2) by reason of such veteran's service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of "permanently housebound" will be considered to have been met when the veteran is substantially confined to such veteran's house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran's lifetime. --------------------------------------------------------------------------------------------------- This means that after 100% everything is rated as it is without ratings being combined. Otherwise it would read 1) has additional service-connected disability or disabilities with a combined rating of 60 percent or more, and it doesn't say this. You shouldn't have to go to the BVA for this. You should be able to ask for reconsideration at the VARO level. This one is pretty blatant, make sure you send a copy of the law and include a reference to it in your reconsideration request letter. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted March 13, 2011 Author HadIt.com Elder Share Posted March 13, 2011 Pete - ya gotta go after them!!!!!!!! pr They did the same to me Link to comment Share on other sites More sharing options...
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