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SMC-S, Filing Procedure, and Back Pay

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Ward868

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100% p&t, since 2012... (ptsd)... I want to file for smc-s, but frankly, cant remember how to get the ball rolling... My c&p exam in 2011, clearly stated agoraphobia...Any suggestions, would be appreciated..Also, when approved, do you believe  retro will go back to 2012.. Thank you all, again, for your input, and advice... 

SEMPER FI

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A cue is a cue if the regulations are violated at the time.   A change in regulations, such as the mandantory 526 Form, TDIU form, or NOD form should  not hurt the Veteran if he became eligible for the applicable benefit BEFORE these forms were mandantory.  Cue is very specific in that the regulations would need to have been violated AT the time, not on todays regulations.  The VEteran can not be faulted for failing to be able to accurately predict that Senator Ryan would require a specific form be filed in the future, when no specific form was previously required.  

We dont have to retroactively file form 526 forms on benefits we have either already received, or, we feel we should have received.  

Of course, filing the applicable form 526, NOD form, etc, is a good thing.  But I dont see VA being able to stick an effective date denial for not filing the applicable form, when that form was not required in the past, when we may have became eligible for said benefits.  

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When I get to a DRO hearing, sometimes I spring a 526b on them to highlight an inferred claim. I can squeeze out an "informal" comment made at a C&P exam into a claim a lot of times. 

http://www.vba.va.gov/pubs/forms/VBA-21-526b-ARE.pdf

 There's a lot of tricks out there we can use. Never live in the same box. Think outside of it.

If you are within suspense dates, it isn't a CUE though. It's a mistake. Remember, CUE is a motion to revise a final decision. If it isn't final, it's far easier to change.

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Bion, could you post a redacted copy of your 70% to 100% PTSD Increase Award?

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