More Bradley Vs Peake

[Chuck75]

What gets me about TDIU - - -

A veteran, according to SSA, is totally disabled and unable to work.

The SSA determination is based totally on now AO presumptive conditions, and was awarded prior to any VA claim award.

The VA awards in part, and denies in part, without considering or even mentioning TDIU prior to the latest round of additional presumptives.

The SSA records are in the VA "C" file, and "constructive custody" applies anyway, since they are SSA records.

The remainder of the denied claim is a Nehmer Class claim, and thus a review and appeal under Nehmer is required.

[john999]

Chuck

If the VA knows a vet is on SSD for SC conditions that is an inferred claim for TDIU. I don't know how Nehmer works into that, but it is to be explored by someone. I think a vet could possibly file a CUE on this. I think it would be a battle, but if the VA had these SSD records they knew the vet was totally disabled.

[Berta]

It is accounted for in the Nehmer Training letter here in the AO forum.

If a vet ,due to the new AOS gets a rating of 60 % pr more under new AO regs and had a 100% or TDIU rating in the past-the VA MUST consider SMC and the proper retro.

Also some widows.widowers like me are eligible for accrued payments of Special Monthly Comp due to the new AO presumptives.

This is why VA pulled my 2004 CUE claim and sent it to Nehmer people-in August.

I am thinking they will have to deciode the CUE before they decide the AO IHD claim.

Either way-they owe accrued SMC to me.

Also the vast detailed CRA financial imp[act report that VA did (available at the VA web site) on the new regs for AOs also considers the potential of SMC for many AO vets with one or more of the new presumptives.

I am thinking that VA would have to make a staged IHD rating in many cases and then award the SMC when the IHD was at 60% or mre if the vet also had TDIU (independent of the IHD) pr 100% for something else ,not IHD.