Regional Office Denies My Cue For Housebound

[john999]

Teac

I don't believe what the VA told you about not getting retro for your HB before the Bradley decision. I would test that via the process. Since neither one of us will live forever I might run it by a Lawyer to get an opinion. Even then I would test it. It seems wrong to me from a gut level and common sense level. Does not sound like due process. It sounds like the VA trying to just save money because you represent a group of vets who are asking the same question.

John

[Teac]

Teac - if you had an application for HB or 100+60, prior to Peake, that was denied, you should be eligible. jmo

pr

I didn't but that is not the issue, since all SMC are by law supposted to be awarded based on the date the veteran qualifies not the date of a claim and SMC's by law do not require a seperate claim. In addition, the va had two general counsel opinions in direct conflict with each other, the 1999 one that they used as a basic for denial and a 1994 opinion that stated the opposite.The 1994 opinion was never revoked and to this date is still in effect, while the 1999 opinion was revoked just after the bradley v peake decision. I strongly believe I will win the claim, but it is going to take some time. The regional office is not bound by BVA decisions, just a CoVA is not bound by BVA decisions. I think I will win my claim at the BVA because to do otherwise will call into question all the other BVA decisions that granted Housebound because of Bradley V peake. In addition even a jail house lawyer could make the va look real stupid on this issue based on the evidence I have and research I did.