tdiu Cue On E-Benefits Smc(S) I Didn't File Cue

[warren]

I filed a claim for SMC (s) Housebound (Vietnam Vet diagnosed with Parkinson's and VA Neurologist says that It's his opinion that I have had parkinson's for at least 15 years) in my claim for housebound I asked for retroactive pay back 9-01-2010, the date my award was granted. I also received award for TDIU, total and permanent with no future exam. I'm wondering why they have SMC (s) CUE on E-benefits. Could they be cueing their self? I contacted my DAV rep. and he doesn't know why and he said he would check on it. Any ideas?

GOD BLESS

[Berta]

Sounds like that to me.

My SMC CUE was awarded because they used the wrong Diagnostic codes for a 1151 stroke,and no comp, never used any diagnostic codes or rating for my husband's 1151 IHD and no comp ,, and 1151 IHD , and most importantly of all...since he was 100% SC plus over 60% for an independent SC, they failed to consider him for SMC S under the Mandate of the SMC regulations.

I sent them the statutory mandate.

The award was retro for the AO IHD under AO regs, and retro for 6 months under 1151 at 100% for the stroke and also retro for the SMC S award..

That was wrong. I asked them to CUE themselves on the award as the medical evidence they have supports 100% for almost 2 years, not 6 months.

SMC consideration ,when the established SC ratings warrant it, is a statutory mandate.

If they considered it but dont award it , the veteran can appeal.

If they should have considered it and didn't , that is a CUE.

I used used the actual rating sheet as evidence for my CUE.

[Berta]

Just to add, these were posthumous awards, almost 20 years since my husband died,

and I had filed my accrued claim within one year after he died.

For the AO Nehmer part, that didnt matter but for the 1151 AND SMC part of the award it did.matter.