Am I there yet? - Page 5 - R. 1 and R. 2 - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com
  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

Am I there yet?

Rate this question


jamescripps2

Question

Yes I am there. My appeal only took eight months. In October , 2015, I was awarded loss of use of a hand and a foot and got the vehicle grant w/adaptive equipment and the SAH grant. I appealed that decision because upon any new 100% grant the VA is obligated by statute to consider A&A as an inferred issue and they failed to do that.

In December 2015, I appealed the decision because A&A was not considered as an inferred issue. My contention was,  I was awarded SMC "L" for loss of use of two extremities in the decision.  Had the VA considered A&A as an inferred issue at the time of that decision as they should have, I would have qualified for regular A&A. An A&A award is also a SMC"L" award. According to 38 CFR 3.350 and USC 1114 if you are entitled to two separate ratings between L and N you qualify for the "O" award. In my case I have two awards at SMC L that qualify for SMC "O". The A&A automatically goes to the R-1 rating if you obtain the prerequisite "O".

I got eight months retro but will appeal the decision for an earlier effective date of January 2011, the date that the loss of use claim was filed. More later.

Edited by jamescripps2
Link to comment
Share on other sites

  • Answers 25
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Posted Images

Recommended Posts

  • 0

The focal point and the argument in the case at COVA will be whether or not the SMC at A&A should have been inferred. If it is decided that indeed it should have been inferred everything else will fall in place. It is expected that there will be a  joint motion for remand, (JMR) back to the Board where the EED eventually will be awarded.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use