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Question
Guest Berta
This is exactly how they go-
and this is the last description of CUE I am giving-
I received award letter dated July 17,1997.
It was for retro active 2 years 100% compensation due my dead husband less 30% that he got.
The veteran's wrongful death had already been determined by VACO and his Section 1151 claim, which I re-opened was set to be granted.
In this decision and 2 subsequent decisions the VARO stated that the veteran was not entitled to SMC "Under any circumstance".
His Sec 1151 disabilities added up to well over 100% - he fulfilled A & A criteria, and had loss of use of both hands as well as other deficits totally well over 100% due to VA medical care.undefensable and substandard per July 1997 VACO -OGC report.
He also had 100 % SC PTSD.
I never appealed this statement as to SMC because I assumed (I was an ass) that 1151 disabilities are not entitled to SMC. MY SO at that time was jerk and had told me none of my claims would succeed.
(I sued him-but I had incurred no damages because I did win all my claims)He never advised to appeal this.
While accessing evidence in 2003 for the direct SC claim I had just filed I said 'wait a minute'-
Berta why did you "assume" anything - the VA has made countless errors in your claims-
Who would know if SMC can be paid to 1151 vets?
I also had a letter from CHAMPVA in which the VA tried to say that Rod's 100% P & T was solely due to his Sec 1151 disabilties- (we straightened that out as he was 100% PTSD P & T and this was my CHAMPVA eligibility. But that letter was at first very very stressful then-"golden"!
I found nothing in the VBM-so-
VA Counsel would know- I was going to call them up-but first
I did a search of VA General COunsel Pres ops and within a few minutes I had their Pres op-"30-97"
regarding a Sec 1151 vet- a quadroplegic due to VA piss poor care- who was already getting SMC under Sec 1151 -the pres op addressed a different issue but I had what I wanted-
it was already established VA law that 1151s get SMC consideration and are eligible for SMC on the 1151 disabilties.There was no delimiting date and the veteran had received 1151 comp as well as SMC since 1964. The pres op regarded solely the level of SMC.The Pres op did not exclude my husband by name nor did it
exclude any type of SMC or Sec 1151 disability.
It was proof that the VA had committed a clear and unmistakable error.
I had a final decision. I had never appealed it.
Its outcome would have manifestly altered the two year retro check I got, due the veteran in his lifetime.
I supported the CUE with the entire OG pres op as well as the letter from CHAMPVA quoting the VA as to P & T 100% under Sec 1151.
Obviouly this was a clear error ,that altered the outcome in retro payments,and is supported by evidence from the VA itself.
That is a CUE claim.
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