Teac Posted June 7, 2012 Share Posted June 7, 2012 Well it is official last week some lady from va called me to tell me my claim would be denied, I guess the bitch got some kind of charge out of telling me this over the phone... It was not unexpected however I haven't seen the Houston Regional office do anything right the first time in the over 5 years I have been dealing with them. Reason for denial: ( Save some typing for myself denial explains CUE) then goes on to say.. My claim is moot because Bradley v peake does not apply to claims prior to that decision, unless the claim was made prior to bradley v peake and was pending at the time of bradley v peak.. it states va guidance on this subject is not retroactive and that liberalizing legislative does not apply. Also states CAVC opinions aer not considered liberalizing bu tany entitlement are awarded from the date forward of for claims that wer pending at the time the decison was rendered, So basically the regional office said that all those claims that were granted by the BVA granting housebound were pending at the time Bradley v peake was decided. Of course I know this is wrong based on my research that I posted here, In fact I provided the va with a copy of my research and it was the one piece of evidence that was ignored completly, not even listed as being reviewed, OK on to BVA Also denied my claim for intermittent blindness base on the surgery the va did... no problem it goes to the bva too,. Link to comment Share on other sites More sharing options...
carlie Posted June 7, 2012 Share Posted June 7, 2012 sheeeeeeeeeeet Sorry for the rotten news. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted June 7, 2012 HadIt.com Elder Share Posted June 7, 2012 And the beat goes on! A lot of us are waiting for the VA to do the right thing. Teac, you did get HB from the date of Bradley did you not at least? Link to comment Share on other sites More sharing options...
Teac Posted June 8, 2012 Author Share Posted June 8, 2012 And the beat goes on! A lot of us are waiting for the VA to do the right thing. Teac, you did get HB from the date of Bradley did you not at least? Well technically no... I have had A&A since Feb 2007, but my claim for housebound goes back to 2001 thru 2007... Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted June 8, 2012 HadIt.com Elder Share Posted June 8, 2012 Teac - if you had an application for HB or 100+60, prior to Peake, that was denied, you should be eligible. jmo pr Well technically no... I have had A&A since Feb 2007, but my claim for housebound goes back to 2001 thru 2007... Link to comment Share on other sites More sharing options...
SP4RVN1971 Posted June 8, 2012 Share Posted June 8, 2012 Another Bull S***, Houston really must suck, to be in your condition and not give you SMC! And I thought Waco was bad. Good luck Teac, and remember, Never Give Up!!! Link to comment Share on other sites More sharing options...
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