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Regulations vs Old Regulations or New?


Buck52

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If a Veteran was denied back 8-10 years ago  , and the Regulations have changed since then he appeal or reopens his claim even if he was out of his appeal time limit  the 1 year deadline.. do they or should they go by the Regulations back then when he was denied  or do they use the newer Regulations of today?  if a cue is correct to fix this then they should use the Regulations back then? correct?

Anybody know?

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Cue is only based on evidence and regulations at that time.  Its not an error for a rating specialist "not" to be able to accurately predict a future regulatory change.  

In the case of SMC , a change of regulations "could" make the Veteran eligible for SMC, and then the Veteran should get SMC back to the date of the regulatory change which made him or her eligible.  

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@broncovet is right. 

If it is not SMC-related, it might be worth it for them to go through the rating decision to find out why they were denied. They can then explore the decision in light of the laws in effect at the time to determine if it might be CUE-worthy. Look for ways to poke glaring holes in the VA rating decision.

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