CUE by failing to adjuticate entitlement to SMC S

[broncovet]

I got a "single" 100 percent disability in a 2009 VARO decision.   The VARO did NOT adjuticate SMC S, but instead adjuticed SMP (housebound).  

 

I think they were trying to confuse, which they did. 

The problem with a CUE with this, is that I dont know it would be "outcome determinative" because "consideration" does not mean it would be awarded, but only considered, thus

[Buck52]

broncovet,

What about if your 90%or 100% already for a different disability and file a claim for another (different Disability) and if approved to the level of SMC's say it brings you up  to 160%...wouldn't it be in the veterans best interest to ask for it SMC's for House Bound/or  A/A when he /she submits their claim?

That way the VA can't forget to inferred the claim?  correct? other wise they committed a CUE if they don't.

.......................................Buck

[Chuck75]

That's an interesting question!  Supposedly when a veteran files a claim, it's for the maximum benefit allowed by law and regulation.

If the claim justifies SMC, it's a VA mistake to not consider and award it. Then there is also an "implied claim" issue that has to do with evidence of record

that supposedly requires the VA to also look at other things that are potentially service connected or secondary issues. Historically, the VA had done a very poor job in

these areas, requiring a veteran to appeal, etc.