ptsd Did the VFW file my CUE correctly?

[aft_lizard01]

I have worries my VSO did not correctly do my CUE.

A little background first. I filed for PTSD, increase in back rating, migraines and was granted all with 70% for PTSD, 50% for Migraines secondary to my Back which was granted at 50%. Furthermore I was previously rated at 10% R Carpal Tunnel, 10% Left Carpal, 10% R Patellofemoral Syndrome, 10% L Patellofemoral Syndrome. After getting my PTSD and other ratings back I immediately filed for and was granted TDIU P+T in 2013. After hanging out on Yuku I learned about Bradley v Peake and Fast Letter 09-33. Out of curiosity I checked to see what language they used for granting me TDIU. And this is what it says:

"The VA Examiner stated that at this time you are unable to work, due specifically to your mental health service-related condition(PTSD)

The VA examination results further show some of your other service connected conditions impact your ability to work. In regards to your service connected recurrent strains lumbar spine, you are able to perform only light work in a normal 8 hour work day. In regards to your right and left knee, you are able to perform only sedentary work in a normal 8 hour work day. In regards to your migraines, you are able to perform only light work in a normal 8 hour work day.

As you meet the schedular criteria for consideration of entitlement to individual unemployability, and as we concede, based on your employment and education history, and your level of service-connected disability, that it would likely be difficult for you to obtain and maintain gainful employment. entitlement to individual unemployability is granted effective Sept 26, 2013"

Now by that language it appeared to me they are saying solely because of my PTSD and the other disabilties just impact the type of work I can perform. 

So I went to my VSO and explained to her I wish to file a CUE based on that language above and Bradley v Peake and the accompanying fast letter. She kept insisting that I dont qualify for SMC(S) and she had never heard of anyone being granted SMC based off of TDIU. After showing her the fast letter  she went ahead and filed my CUE. Now this is what confuses me, she said all it is is a normal claim and filed it as such using form 21-526EZ and assured me that it will be viewed as a CUE by my RO. I didnt fill out a letter or any detailed explanation on why I felt it was a CUE,  she simply typed in the disabilities section "SMC- Fast letter 0933 for housebound". And sent it on up. 

Does this all sound proper to you? Do you guuys think I have a claim here? 

 

Thanks in advance

[Berta]

As I understand the Fast letter ,this might not be a CUE.

Here is the Fast letter

http://vets.yuku.com/topic/46204#.VsoX9GrSlEY

and here is a BVA decision that shows how they applied it:

http://www.va.gov/vetapp12/Files4/1226846.txt

But I hope others might chime in here too.

In this case however, the veteran got his prime disability up to 100% and was granted SMC S:

http://www.va.gov/vetapp15/Files6/1548144.txt

Do you get SSDI solely for your PTSD?

Did VA ever turn you down for Voc Rehab solely based on your PTSD?

Nothing is impossible....just hard to do......

[aft_lizard01]

My understanding is that the BVA decided that for the purposes of SMC(S) that his PTSD is 100%. Not that they increased his disability rating but that his TDIU was granted on the basis of PTSD being the sole reason for his TDIU and not the other disabilities. 

http://vets.yuku.com/topic/46204#.VsojnygrJnJ

Quote

" Based on the Court’s decision in Bradley, entitlement to SMC at the (s) rate will now be granted for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability and (1) there exists additional disability or disabilities independently ratable at 60 percent or more, or (2) the veteran is permanently housebound by reason of a service-connected disability or disabilities.  "

 

http://www.va.gov/vetapp15/Files6/1548144.txt

Quote

Nevertheless, resolving reasonable doubt in the Veteran's favor, since his PTSD met the severity of a 70 percent rating, and the September 2011 VA examiner found that his PTSD would severely limit his employability, the Board finds that entitlement to TDIU for PTSD alone is warranted. As such, the Veteran had a single disability (PTSD) rated at 100 percent (TDIU)