Berta Posted February 17, 2015 Share Posted February 17, 2015 The regulation you mean is not only a regulation but SMC is a statutory mandate, and I used that reg for my SMC CUE. and a direct quote and copy of how NVLSP explains the mandate in the VBM. Chuck is right .In my case my husband had been rated 100% P & T for SC PTSD EED to 1991, but they failed to consider SMC due to his 1151 1992 stroke, 80% NSC on the 1998 rating sheet. Their lack of consideration and application of the SMC regulations was the first CUE, Their ratings on a NSC stroke (which was actually 1151) became the next CUE, And their diagnostic codes were wrong, 3rd CUE I also enclosed the rating sheet that contained 4 CUEs. The 4th CUE I raised in a separate CUE claim, as to no diagnostic code or rating at all for an 1151 IHD condition,which ultimately became an AO IHD condition. 100% PTSD, & 100% 1151 CVA equaled the SMC S award. As jbasser said, treat this as a CUE. Jerrel 1 Link to comment Share on other sites More sharing options...
glider222 Posted February 17, 2015 Author Share Posted February 17, 2015 I have another concern. Won't they try and say I am incompetent because I will have a large retro due? Link to comment Share on other sites More sharing options...
Berta Posted February 17, 2015 Share Posted February 17, 2015 Also you need to read Bradley V Peake and the Buie decision, all available here at hadit under a search.,regarding TDIU and then either the 60% additional or HB status. This is what Chuck means.I think , as I misunderstood his post at first. I dont know how far Bradley and Buie go back to. If the C & P was for a MH issue, the C & P examiner made a statement as to your competency. glider222 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 17, 2015 HadIt.com Elder Share Posted February 17, 2015 Technically, SMC is a statutory award, in that if you meet the requirements they are required to award it to you. I don't know that I'd call it a CUE, tho, as it may still be an open, undecided issue/claim, from your TDIU award. jmo pr Link to comment Share on other sites More sharing options...
glider222 Posted February 17, 2015 Author Share Posted February 17, 2015 Berta, Phillip, Chuck, Broncovet, CRlie, Buck, Jbasser and Navy Thank you all for your advice and attention. You guys are the best. I need to see my c file. I will start with that to make sure I have all the info before I call attention to myself. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted February 17, 2015 HadIt.com Elder Share Posted February 17, 2015 Your welcome glider222You do what you feel is best for you and your family.I wish you the best buddy.Buck! Link to comment Share on other sites More sharing options...
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