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Hello brother and sisters, I think I might a have a SMC-S CUE and hopefully someone can shed some light on it.
-USAF medically retied in 2013 %50 migraines from head injury
-Rated at %50 migraines and %30 anxiety/ depression from VA, %70 total upon discharge.
– I immediately applied for an increase and IU once out in the civilian world and was awarded IU and and an increase to %70 for anxiety/depression.
This is my issue, The VA lumped my migraines and depression together for IU. If I would have gotten extra scheduler IU for just the migraines, I would automatically be eligible for SMC-S. All the evidence in 2013 showed that my migraines alone could cause IU, doctors notes, discharge PEB letter, letter from va doctor, letter from a civilian employer from which I had to quit, and even the C&P examiner, they all point specifically with the migraines causing IU.
I am just unclear on the regulations for this. By looking at the IU extra scheduler requirements, I would have had to not qualify for scheduler IU when I applied to be inferred for extra, but I DID qualify with %50 migraines/%30 depression adding to %70. I still feel that the VA did not maximize my benefits by doing this, especially considering all the evidence that pointed to just the migraines causing IU.
I sent all this info in along with all my evidence( that they all ready had) and got back a denial. “Second, even if reasonable doubt is resolved in your favor, and IU is based on a single disability of headaches, you still will not be entitled to smc-s per 38 c.f.r 4,16a because %50 is the maximum evaluation provided in the rating schedule.” Im guessing I am not able to CUE the scheduler to an extra-scheduler decision here, and thats why I was denied. I might just apply for actual housebound in fact after this mess.
Let me know what you guys think!
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Hello brother and sisters, I think I might a have a SMC-S CUE and hopefully someone can shed some light on it. -USAF medically retied in 2013 %50 migraines from head injury -Rated at %50 migraines and %30 anxiety/ depression from VA, %70 total upon discharge. - I immediately applied for an increa...