carlie

Special Monthly Compensation At The Statutory Housebound Rate

55 posts in this topic

Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision?

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Pete

I would try to CUE it. As I understand it Bradley is not a new law or regulation, but is the proper interpretation of an existing law or regulation. The VA was improperly not awarding HB to vets who were total plus 60% all along.

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I still see a problem with their "Fast Letter." See the bold underlined portions. They state "independently rated at 60% but then use a combined evaluation of 60%." WacVet75 and I discussed this previously, here, and the RO's are still using the combined ratings standard, rather than independently rated standard. I called the NVLSP offices, for an official clarification, but needed to wait for a call back and I'm unavailable at this time to wait for the call back.

New Evidentiary Standard

Based on the Court

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I have read literture and post all weekend.

Let me state my facts, and give me your best advice

8 Nov 2009, rated, effective 2 June 2009

100% PTSD permanent

17 Mar 2010 rated, effective 2 June 2009

20% Degenrative Joint disease of the right Ankle

20% Degenrative Joint disease of the Left Ankle

Bilateral rating should be includend in overall for ankles

10% Right Knee degenerative joint desease

10% Tinnitus

0% Bilateral Hearing

0% Gastroesophageal

1 Apr 2010 rated, effective 2 June 2009

20% Right acromioclavicular (AC) joint arthrosis

Using, VA math, straight math, and consisting the added Bilateral for ankle, I think it is round up to 60%, or exceeds

I would appreciate opinion, and computations

Thank you

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100 percent Ptsd P and T

plus 20

20

20

10

10

That equals 60 so yes. You shouls ask for SMC S.

J

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I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks!

pr

100 percent Ptsd P and T

plus 20

20

20

10

10

That equals 60 so yes. You shouls ask for SMC S.

J

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