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Section 1151 And Smc


Berta

Question

Friend asked me to post this here. He couldn't find anything definitive at hadit. He is 1151 vet with SMC as well but isn't sure if the SMC is under 1151 or for his other direct SC disabilities.

Any Section 1151 award could also possibly render an SMC decision just like a regular claim.Certainly if the vet is awarded 100 % under 1151, and has additional disabilities from the 1151 this should trigger VA to consider SMC.

I used a few BVA decisions on this legal issue as well as the Gen Counsel Pres op below.

This decision shows how SMC kicks in and most importantly the General Counsel Pres Op shows the legal criteria for these types of claims.

http://www.va.gov/vetapp01/files01/0109438.txt

"In an opinion dated February 11, 1997, VA’s General Counsel

stated that although a disability for which compensation is

payable under 38 U.S.C.A. § 1151 is not a service-connected

injury within the literal meaning of 38 C.F.R. § 3.310,

compensation may be paid for any disability which results

from a section 1151 injury or disease. Accordingly, VA’s

General Counsel held that disability compensation may be

paid, pursuant to 38 U.S.C.A. § 1151 and 38 C.F.R. § 3.310,

for disability which is proximately due to or the result of a

disability for which compensation is payable under section

1151." VAOGCPREC 8-97.

Hope this helps someone.

This is basis of my 2 CUE claims pending.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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