Need help with smc i think i have a cue

[Berta]

Can you give us the Docket # and Citation # of the BVA decision?

I will try to find the case.

BTW- Buffalo STILL probably cannot read. My SMC CUE took 8 years-they finally set it for BVA transfer ( I was glad- the BVA can read) but Nehmer camealong and the Nehmer VARO awarded it as well as my IHD CUE-which Buffalo sat on for 7 years.

The director gave me some ridiculous information about a year ago- she tried to convince me by phone-

that my husband ( 100% under 1151 for stroke)- had a Total stroke but it was not Permanent and she couldn't tell me how VA cured it before he died because it wa a contributing factor on his death certificate and granted under 1151 because they did not treat it properly at all medically.

Any Total disability, at death, is a Permanent disability.

I am so glad you won the other CUE we helped you with---

 

[Berta]

https://www.hadit.com/well-15-yrs-away-from-the-va-when-i-won-the-cue-now-i-find-they-play-me/

I found this and need to see what else I can find here-

others will help too.

 

[Mr cue]

My bad it's a usc veteran appeal case no 10_3072

Crazy I go to office today to put papers about my a&a.  Find out I am now 70% for my depression. 60% for my neck 20% still for my elbow but was deffer.

Here the crazy part a&a I see nothing about it but my loss of use of hand is deffer.

So now 90% total with iu an no smc smh

 

[Mr cue]

An I now have two rating over 60% smh

[Berta]

"TDIU may be assigned when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. The service-connected disabilities, employment history, educational and vocational attainment, and all other factors having a bearing on the issue will be addressed in both instances. 38 C.F.R. § 4.16(a), (b) (2017). If there is only one such disability, it must be rated at 60 percent or more; if there are two or more disabilities, at least one disability must be rated at 40 percent or more, with sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16(a). Entitlement to a TDIU has previously been denied in the instant matter as the Veteran did not meet the combined disability rating percentage criteria pursuant to 38 C.F.R. § 4.16(a). In the instant decision, the Board grants service connection for multiple disabilities, and once these disabilities are rated, the Veteran may meet the 38 C.F.R. § 4.16(a) rating criteria. As such, remand of the TDIU issue is warranted to allow the AOJ to rate the newly service connected disabilities and then to readjudicate the TDIU issue under 38 C.F.R. § 4.16(a)."

You need to read this over and you might have a Cue Basis under 38 CFR 4.16 (b)

If they never considered TDIU ( and had your application) by failing to interpret these regulations above, they committed a CUE.

If we could see their decision wuith the 60% and the 40% in it, we could help more, and, if I see a way to CUE them I will write the CUE for you here.

[Mr cue]

Think I must be stating it wrong. I am iu 60% neck strain 5293 rating code this is the old code before bed rest an all that.new code 5243 ivds

An have been since 1993

The ? Is if i had iu an 60% for neck should I have been given smc s at the least. Back than. I believe this would be the cue.

I just apply for smc my self an had Comp exam. Doctor stated everything also talk about housebound.

 

I just got the new decision I put in for my depression. An a&a an loss of use of hand an elbow.

I was granted 70% for depression. They defer my hand an elbow for smc exam. But I see nothing about a&a. Smh it doesn't even say a&a defer. It like I never put in for it 

So now I have two disabled rated over 50%  an iu. An still no smc.