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SMC-S1

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Ddsr

Question

I wanted to ask a question about SMC-S1 specifically from the CAVC–Buie (5) v. Shinseki (0) (2011) case. My situation is similar, and I was not awarded SMC-S1 upon 100% scheduler award. My interest is why does this continue to happen? Is it due to few Veterans even know about the SMC-S1? My thoughts are this is true or veterans just do not fight this much so the VA continues to now award the SMC-Veteran's because they use the bullcrap argument that more than one SC was used to give the veteran the IU. Reading the Buie case shows clearly that it does not matter in what order the SC were given as long as there is the 60% or more for one SC and the other qualification which is another single rated at 60%. Currently I am waiting for my Rep which as well who is waiting for his decision for the SMC-S1 battle which is similar to my case. I will fight this upon his decision to see how that goes. Mainly I am curious as to your thoughts as to why the VA continues to not award the SMC-S1 automatically as they state they will do, but in fact again use the well the IU was awarded for more than one SC

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"You will not find a bva decision granting Howell.

Because it was granted at the ro on remand from bva."

Good, you must have called or emailed Ken Carpenter to learn that-I assume Howell  supplied more evidence on remand, probably an IME.

I might call Ken myself.

 

 

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