Jump to content
VA Disability Community via Hadit.com

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

Good News - I won my CUE for SMC-S retro to 2006 !

Rate this topic


HitemStraight

Recommended Posts

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 !!

 

Edited by HitemStraight
Link to comment
Share on other sites

  • Founder

that is great news! congratulations.

Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

HadIt.com Veteran To Veteran | Community Forum | RallyPointFaceBook | LinkedInAbout Me

 

Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

diary-a-mad-sailor-signature-banner.png

I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

Link to comment
Share on other sites

×
×
  • Create New...

Important Information

Guidelines and Terms of Use