Went from prep of notice to prep of descion

[load143]

What the heck just as I thought I was getting somewhere on Thursday it said prep for notice and that it would be completed 9/25. I just checked to see if maybe they happen to updat my rating or my letter and saw that it now went back to prep for descion!!! Ugh what the heck is going on does this happen all the time?? 

[load143]

But just got it in pay for the first time this check its all confusing and I don't know why they gave it to me when I didn't even apply for it let alone know it even existed 

[Berta]

If a veteran has TDIU or 100% for one single SC, and then 60% or more for an additional independent SC or is Housebound, the VA will award SMC S.

They might have cued themselves on a past denial of SMC consideration.

Can't tell what they did unless you can scan and attach the Reason and Basis of the decision here (to include the evidence list) Cover the C file # prior to scanning it.

In my opinion, if they did call CUE on themselves, they might still have given you the wrong EED.

SMC consideration is mandated by law.As soon as VA knows the veteran is eligible for SMC, via their medical evidence, they must consider SMC. MUST. The mandate is here under a search.

My RO, on my SMC CUE claim tried to tell me (in writing - I still have that) that, because the veteran didnt apply for SMC in his lifetime they did not have to consider it.

I immediately asked them for the regulation that stated that ( there is NO regulation) and he could not apply in his lifetime anyhow because his claims were still pending at death.It was a posthumous ratings that held the SMC CUE.

No vet who is eligible for SMC needs to apply for it.

But if they read the info here on SMC, they will know if the VA failed to consider it and they should file CUE on that if they did. VA saves plenty of cash on SMC errors,in my opinion, hoping none of us ever heard of the SMC mandate.

 

 

[Buck52]

Ms Berta

in your opinion a veteran that has a single disability rating at a 90%combined rated for the same disability or in relationship to.and VA used the Extra-Scheduler for TDIU P&T because the Veteran was not able to work but was still not at the 100% level

Does the VA Consider that Veteran to be a 100% rating  as for as meeting a criteria rating?  if he has another separate disability rated at 60% or above  then that would qualify him/her for the statutory SMC Rating   correct?

Have you seen any change in CFR's about this? recently?

[Berta]

No recent changes I know of.....

Tbird took a Lot of time to develop this new Pinned topic and that should save many of us the time it takes to keep repeating info that is here already.

The answer to your question should be in the SMC info in the new pinned topic.

I will be referring many here to it in the future.

 

[load143]

Thank you I will take a look at it.  Just none of my ratings are 100% yet 

[Buck52]

Ms Berta

Yes I check and recheck these  and never found anything clear on Criteria of SMC with a 90%  Combined Rated Vet that  is using the Extra Scheduler  to the TDIU with  P&T

I was thinking if veteran is 90%  but getting TDIU P&T & getting paid at the 100% Rate that should make him  100% especially if he has another disability separate from the one he is S.C. For the 90% Rating that meets the SMC Critiera 60% or above.

the normal is a 100% Vet and has another disability at 60% or grated  that qualify s him for the statutory SMC Ratings.