tdiu Smc You Have To Ask?

[Philip Rogers]

K - it would seem to me, that if you own your home, you should apply for ILS and some of the home handicapped modifications money, to make you life easier. I think the home modification money is somewhere around $50k. Also there's the vehicle money, available. jmo

pr

[WAC-Vet75]

WAC-Vet75,

An issue that has never been rated (adjudicated) does not meet the CUE criteria.

A CUE is filed on a unappealed claim that has become final.

Yes - you need to be slapped for the rest of this entire day :-)

Well, I would have a CUE for the SMC s, as they rated me only TDIU, never considering the housebound rate, correct? This is where I'm a tad confused, my letter inferred housebound, and when I am able to travel the 2 hours to the VARO, I will see my C file, and medical evidence. CUE has to go back to when the evidence warrants it, but doesn't an inferred claim only go back a few years?

Thank you, I KNEW I needed to be slapped! Duh, I still can't believe, after all these years, I still called them! Can I blame it on my MS, or just sheer STUPIDITY?

[WAC-Vet75]

If you are able go to the VARO and look over your C File. Anything you need a copy of they will usually make on the spot for you. After all they are your records

Oh, I intend on reviewing my C file! I can't wait to see what all they screwed up on!!!

[WAC-Vet75]

K - it would seem to me, that if you own your home, you should apply for ILS and some of the home handicapped modifications money, to make you life easier. I think the home modification money is somewhere around $50k. Also there's the vehicle money, available. jmo

pr

Thanks PR.... As soon as my file is out of the rating board, I'm going to be doing a LOT of filing! BTW, all the sources I've contacted concerning the 100% + 60% keep referencing 38 USC 4.25.... even the VSOs! Have they not read that regulation? "The VA never adds the percentages" is the most recent VSO response... well, did you ever think they were doing it WRONG, and they have NO law/regulation to back them up? lmao... our time is coming!!!

[Philip Rogers]

WAC-Vet75 - When were you rated TDIU??? I believe if you were rated back in '93, that under that Peake decision, they were required to consider SMC HB/A&A and if they didn't you could pursue a CUE, depending on what the requirements might be, pertaining to the Peake decision. I would pursue CUE and let them correct it, if necessary. jmo

pr

[Philip Rogers]

I think you meant 38 CFR 4.25? Just checked and I couldn't find any 38 USC 4.25.

pr

Thanks PR.... As soon as my file is out of the rating board, I'm going to be doing a LOT of filing! BTW, all the sources I've contacted concerning the 100% + 60% keep referencing 38 USC 4.25.... even the VSOs! Have they not read that regulation? "The VA never adds the percentages" is the most recent VSO response... well, did you ever think they were doing it WRONG, and they have NO law/regulation to back them up? lmao... our time is coming!!!