I just got the envelope yesterday. SMC S was denied "even tho" my doc gave evidence that I was homebound, and, of course, I have not worked since 2003, and should be eligible for SMC S per Howell.
The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an incomeas opposed to an inability to leave the house at all.
I noticed that the M21 manual "includes" references to Howell, but, that does not mean this rating specialist read it. He also did not read my evidence. Of course, I knew that GS9 rating specialists dont have the authority to award when it could mean 5 or 6 figure retro's, so its off to the BVA I go.
I am considering Berta's "cue method" even when the decision is appealable, since it is cue to not adjuticate smc s, whenever a single 100 percent is awarded (according to M21 Mr).
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broncovet
I just got the envelope yesterday. SMC S was denied "even tho" my doc gave evidence that I was homebound, and, of course, I have not worked since 2003, and should be eligible for SMC S per Howell.
(From Alex website)
https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/
In relevant part:
I noticed that the M21 manual "includes" references to Howell, but, that does not mean this rating specialist read it. He also did not read my evidence. Of course, I knew that GS9 rating specialists dont have the authority to award when it could mean 5 or 6 figure retro's, so its off to the BVA I go.
I am considering Berta's "cue method" even when the decision is appealable, since it is cue to not adjuticate smc s, whenever a single 100 percent is awarded (according to M21 Mr).
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FormerMember
Found this on VBMS this morning. "Decisions appealed to the Board for direct review are accomplished in an average of 365 daysThis is a vast improvement to the average 3-7 years Veterans waited i
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