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SMC (S) Overlooked

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whoami?

Question

I have been wrestling with the idea of applying for SMC (S) because I am 100% P&T PTSD, SSDI, and I don't work. I sent an IRIS message like 1 a.m. this morning.

I don't have a copy of the message I sent but based off of my research I told them that they overlooked SMC (S) back to my new 100% rating in 2014 based off the fact that I can't work because of my disability. This is the response I received hours later. I don't think they even understand what I ask for....What should I do....

Page 7 of my award packet only talks about if I disagree with their decision but they never mentioned SMC (S). 

 

 

 

Recently you requested assistance from VA. Below is our response.

If you wish to reopen this issue, you may do so within the next 14 days.

Thank you for allowing us to be of service to you.
 

Response By Email (Department of Veterans Affairs) (02/01/2017 )
Dear Mr. XXX:

This is in response to your inquiry to the Department of Veterans Affairs (VA) dated February 1, 2017.

VA is grateful to all Veterans for the service and individual sacrifice they made to our nation. 

Unfortunately, our decision regarding your special monthly compensation is now file, as your time to appeal our decision expired on January 2, 2016, as stated within our January 2, 2015, Notification letter, page 7.  

The National Resource Directory (NRD), http://www.nrd.gov/misc/about_us, is a resource website that connects wounded warriors, Service Members, Veterans, their families, and caregivers to programs and services that support them.

Thank you for contacting us. If you have questions or need additional help with the information in our reply, please respond to this message or see our other contact information below.

Sincerely yours, 

C. Boyd
National IRIS Response Center Manager
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whoami

sorry,I am not that good  with CUE Claims/as they can be very complicated   ...Asknod is a certified accredited VA Representative.

you might ask him in PM  , he is a darn good VA Claims Adjudicator&  He knows what he is talking about.

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My SMC Cue is here somewhere.

The medical evidence in VA's possession established SMC "consideration", mandated by the SMC regulations.

I filed the CUE because they did not "consider" my husband for SMC.

The award letter is long and confusing as it also was a Nehmer AO IHD award.

In one part it says he was Housebound and in another part it appears they used the 100% plus 60 (which also was wrong- as it was 2 100% awards but I didnt dicker with them on that point.I have other CUEs pending on that award.)

One piece of evidence they used for the Housebound determination is that the VA van had to pick him up and bring him home from VA day treatment.It allowed me time to run my livestock farm because he could not be left alone in the house too long while I was in the barn . He also got lost on a trip at the PTSD inhouse program.

I read the mandate carefully before I filed the CUE, and found that if I focused on the legal premise of 'lack of'  "consideration", which I also enclosed part of a page from the VBM by NVLSP, that I would succeed in the CUE. The evidence of SMC must have been established in your medical records,at time of the decision you are filing CUE on, to warrant a valid CUE claim.

PS I just got an email from Mr/Ms Boyd too.

They closed my claim about 70 days after the last decision and yet had received my I-9 per Boyd prior to the year I-9 deadline.I asked him where the "new" regulation is, that overrules the one year I-9 deadline they never told anyone about. Of course he said there is no new regulation. And confirmed the timely receipt of my I-9 at my VARO.

My RO is looking for it now.That's OK. I filed 4 CUEs yesterday on the same decision.It might even be beneficial to me if they never find it.:rolleyes:

 

Edited by Berta
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Here is part of the SMC CUE I filed:

 

To whom it may concern:

 

This is a claim under CUE, 38 USC, 5109A.

 

“I believe that VA erred in the lack of application of 38 USC 1114 regarding the above veteran’s entitlement to SMC. Although M21-1,Part 6 provides that SMC will be considered and rated as it is an inferred issue for any claim with SMC potential, VA failed to consider a retroactive award of SMC in adjudicating the veteran’s Section 1151 , which I re-opened after his death.”

 

( I referred to and enclosed copy of the SMC statutory mandate,I also enclosed the 1998 DIC decision I received, that the CUE was in and also I enclosed the veteran's posthumous 100% SC P & T PTSD award.)

Also the mandate of SMC explained by NVLSP

 

100% SC plus 60% or more SC of  independent system equals SMC.

100% SC that warrants HB (based on established medical evidence in VA's possession at time of alleged CUE decision) should garner HB

 

I also stated the CVA ratings were wrong...they rated the CVA at 80% in 1998 and then awarded 100% under 1151 for the CVA last year as well as the SMC Housebound award..

 

The medical evidence had been established and the VA committed errors in the 1998 decision that manifested an outcome that was detrimental to me until they fixed it in 2012.

The 5th CUE on that 1998 decision was awarded very fast last year.

If a rater makes one error, it is' as likely as not" they made other errors too in the same decision.

 

 

 

Edited by Berta
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