Increased

Secretary concession SMC part of every claim for increase; The Secretary further concedes that because SMC is an issue within an increased rating claim, the Board should have considered whether the appellant filed a claim for an increased disability rating for his left eye condition earlier than January 2014 or, at a minimum, considered 38 C.F.R. § 3.400(o)(2), which allows under certain circumstances an effective date up to 1 year prior to the date of a claim for increase. Secretary’s Br. at 9.; the Secretary further concedes that, to the extent that SMC may be considered part of a claim for increased compensation, see Akles v. Derwinski, 1 Vet.App. 118, 121 (1991) (concluding that the RO “should have inferred from the veteran’s request for an increase in benefits . . . a request for [SMC] whether or not it was placed in issue by the veteran”), the Board should have addressed whether the appellant sought SMC through an increased rating claim for his left eye disability prior to January 2014 or whether 38 C.F.R. § 3.400(o)(2) applied. See Secretary’s Br. at 8-10. The Court will accept the Secretary’s concession, ;

[ad_1] ; Skip to content Posted in Uncategorized Tagged Case Law…

2 years ago

High Number of Fast Food Restaurants in Neighborhood Linked to Increased Risk of Diabetes

[ad_1] When you head out for a bite to eat in your neighborhood, you’re apt to have a mix of…

3 years ago

U.S. Military Base Water Supplies Linked To Increased Risk Of Breast Cancer

[ad_1] Army and Air Force veteran Steve H. and his wife, Genna once had happy memories of raising their daughter…

3 years ago

Increased to 100%, not getting full amount, not sure why? : Veterans

[ad_1] I checked my eBenefits today and was increased to 100%! I'm so happy because I've had multiple surgeries since…

3 years ago