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CUE I filed regarding SMC-S non-award; they are asking for Form 21-526EZ?
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HitemStraight
Briefly .....
I received a decision on my claim on July 23, 2015. The VARO failed to award me SMC-S for bilateral 30% ratings. (30% each for each hip replacement). I am 100% rated P & T and the two 30% ratings combine with bilateral factor to 56.1% rounded to 60%. I was not awarded SMC-S for these ratings (100% plus 60% additional). This is what I filed CUE on.
I posted back on August 15th the following post:
http://www.hadit.com/forums/topic/63768-va-awarded-smc-s-then-removed-dont-understand-why/ , and I received excellent information and advise from this forum.
I went ahead and developed my CUE request basically stating that the RVSR committed CUE in not awarding the SMC-S based on 38 USC 1114(s) with supporting exhibits included for Combined Ratings Table, Bilateral Factor and the related Statues. This was filed in the form of a 2 page letter request with bold Request For CUE at the top of page 1.
Today, I received a letter from the VARO stating that I must file all claims for compensation on Form 21-526EZ, and they would not do anything until this was done. Also, they did not specifically mention the CUE request. This was basically a form letter they sent me.
I did not think I needed to file a CUE request on a standard form for compensation. This is not a new claim and VA rules state that they should not treat a CUE as such. If I file this CUE again on the requested form, won't this set it up as an new claim? I do not want this!! I am CUEing my recently decided claim .....
Need help understanding this, what I should do, and any comments with those who have filed CUE's recently !!!
Thanks !
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FormerMember
Keep one thing in mind. If you have not received the proper rating and less than a year has passed, you file a NOD on a 21-0958 and say "Yoohoo? You made a little mistake. I'm entitled to SMC S and he
FormerMember
Technically, no, unless you have deferred claims issues. You'd file the NOD on the denial that was decided and then be forced to file on the second one or batch if it's more than one. VA tends to bif
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