I had a good Videoconference Hearing (if such a thing can be had) with Veterans Law Judge Martin Peters last week. Trust me when I say I find no joy in litigating with the village idiots at the local Fort Fumbles across our fruited plains. I’ll be discussing the interesting collision between filing a Motion to Revise an earlier SMC error versus the more lenient legal pathway to accomplish it without the onerous requirements of meeting all the CUE criteria.
I look forward to explaining the conundrum this Thursday on the Exposed Vet radio show at 1600 on the left coast and 1900 Hrs on the easterly seaboard. Join us for a Veteran-centric view of how to litigate SMC errors without resorting to CUE limitations.
There’s two ways to listen in. The telephone method is still viable at:
Dial “1” if you wish to enter the conversation and ask a question. Or, use this link to view it on your computer. John and Jerrel haven’t come up with live video yet but I’d guess that isn’t too far down the road in this day and age.
And while you’re here, view why men have a shorter life span than their female counterparts.
I look forward to you folks joining us and learning how to kick VA ass and take names. As promised to Jerrel, here are a few screenshots of what the VA SMC Calculator looks like on VBMS. First, the view of VBMS showing an SMC calculator entry:
P.S. Here’s a link to the show in the event you were unable to listen live:
Check this statement out from my A&A denial: “Entitlement to SMC is not warranted in this case because the criteria regarding A&A have not been met because you do not meet the schedule criteria” Then it goes on o discuss requirements for housebound status…
The preliminary determination ofr A&A is that you have one single disability that is 100%-either combined or as a single schedular 100%. TDIU can be considered but not automatically the way a 100% rating is.
. See M21-1, Part IV, Subpart ii., Chapter 2, Section H, Topic 8, Subtopics a-c. Specifically, the M21 indicates that a single disability evaluated at 100 percent disabling may be required for a grant of aid and attendance, and that without such a total disability, referral to the Director of Compensation may be warranted for extraschedular consideration.
Question, isn’t the M21 just the VA Rater’s version of a cheat sheet (VA rating for dummies) for the eCFR? They reference, in the M21, 3.352a which is a description of what A&A is and such, but I havent been able to locate in there a section that talks about a prerequisite of a single 100% or 100% from a single and its secondaries.
I’ve got 100% several different to Sunday but with them spread all over my body, not all in a single area.
Call me and I’ll discuss it with you, sir.
Does anyone think the current rate of VA compensation is right? If I only had my 100% SC compensation to support me and my wife in Tampa, Florida we would be eating cat food three times a week. $3300 is chump change in my neighborhood. If you don’t have some serious extra income besides VA compensation you will be living in poverty in my area of the world.