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Higher level aid and attendance

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Lonniebrinson

Question

I recently filed for aid and attendance. I was denied because the va said I do not meet the criteria for higher level of aid and attendance which will be (SMC-R2). Here's the problem I filed for basic  aid and attendance under 38 cfr 3.352(a) ( SMC-L). Do anyone have any idea why the va overlooked the basic level of aid and attendance ?

My current rating is SMC-P2. 

SMC-L loss of use of both feet

100% bowel incontinence

60% urine incontinence

60% IVDS

50% PTSD

 

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Its all about context. Once a claim is closed any time you find an error you can file CUE on appeal. 10 years, 20 years later. Its not complex. You can claim CUE on appeal any time. This includes for SMC, TBI, PTSD, or any other claim. You do not need word salad to get the point across. Without new evidence, you may be out of luck otherwise. CUE, on its own, should be sufficient to prove its own self.  Typically, any time a VA RO responds to a veterans disability claim, the decision can be subject to CUE.  "Any Time"

One claim that settled in 2021 stated "...theories of entitlement for the awards sought included (1) that the September 1959 rating decision included Clear and Unmistakable Error (CUE), (2) that his August 1977 claim for an increased evaluation for this disability remained pending until the October 2017 rating decision, and (3) nonapplication of liberalizing laws... " (Citation Nr: 21004423 Decision Date: 01/27/21 Archive Date: 01/27/21)

You can literally appeal CUE any time, as shown by the above 62 years after the error.

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