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HitemStraight, November 2, 2015 in Success Stories
I won my CUE for SMC-S via a Request for Reconsideration. The SMC-S was awarded retro to May, 2006.
I filed the CUE for failure of VARO to award SMC-S for two 30% ratings for hip replacements. (see my topics in the SMC forum)
Basically the CUE's contention was that the RVSR failed to apply the bilateral factor to reach the 60% in '100% total rating plus additional disability or disabilities rated 60% or more', in 38 USC 1114(s). (Two 30% ratings combine to 51%; bilateral factor of 10% = 5.1%; 51% + 5.1% = 56.1% rounded to 60%)
The CUE took less than 30 days to decide. I received an email from the acting director stating the VARO agreed with the CUE's contention and they were putting a revised decision letter in the mail. Two days later I received the revised decision indicating the RVSR had in fact failed to apply the bilateral factor. The next morning I had the retro amount placed into my bank account.
Thanks to this forum for all your help and input from Bertha, Asknod and others responding to my topics.
Don't give up on your claims and appeals. Understand the law and do your homework. If I had not picked up on the error and sought advice from members of Haddit, I would have missed out on a nice payday and ongoing SMC-S.
Good luck and thanks to all !!
Congratulations! That should be a very nice check!
Way to go!!
that is great news! congratulations.
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