Waffles

this was in 2014, my appeal just hit the BVA this week. I'm not sure what I'm going to do as of yet. I'm thinking..... I do know this is a bunch of bull... I do know that. Thank you for letting me vent and bounce things off of you.

No, I'm saying they could of deemed me unemployable based on my 60% SC voiding dysfunction alone and then used the rest to grant me SMC S. They didn't do that and just granted me 100% P/T or they could of granted me housebound in fact because I have medical evidence from my urologist that clearly states "she has up to hourly urination daily that would cause interference with an occupation that would not allow her to take frequent restroom breaks or required her to be at a specific location more than one hour at a time. Nocturia would cause her to have insufficient sleep to participate in a productive full day of work". Apparently, none of this was good enough. And my urologist noted that "during interstitial cystitis flare-ups the claimant may not leave the home for weeks at a time". I mean come on man...….

@Buck52 good question. Shoot I don't even know it was so long ago. I'm gong to have to find out. I didn't know that it made a difference. I do know that the Denver RO did not address it and did not specifically address any identified disabilities as a claim for increase in the rating decision, in addition to the issue of TDIU. They just said it was moot and that was it.

Thank you everyone. I will continue to fight the good fight. Like I stated above... I did appeal and the BVA denied my appeal as well. I haven't got the denial letter from the BVA as of yet but I'm sure its the same jaw jacking the RO gave me. I know that I deserve and qualify for SMC s but how I get it or fight for it is beyond me. I even put in my appeal Buie v. Shinseki and argued Housebound inferred over housebound 100 plus 60 to no avail. The beat goes on......

can you elaborate on your statement about "you need to ask your VSO if your filed the IU fast letter & if they will award IU then bradly v. peake would apply"?

Yes, I understand all that and thank you for your reply. My point is/was that they could of granted me IU based on my first set of ratings.... they did not. I applied for IU and they came back with IU was moot and never considered it because they granted me 100% P/T and SMC S was never discussed. Even though I have a 60% rating that could deem unemployable by its self they refuse to grant me SMC S because they are saying they would of granted me IU based on all of my ratings and not just 60% rating by itself. Frustrating.

The VA said, "Although the examiner noted that it would be difficult for the Veteran to maintain employment based on her voiding dysfunction (rated 60%), Social Security granted benefits based primarily on the spine disabilities and secondarily on the voiding/urinary dysfunction; and additional medical evidence shows functional limitations due to other service connected conditions. Also the rating decision, after weighing all the evidence noted that if individual unemployability was granted, it would of be based on multiple disabilities and not on the voiding dysfunction only, and therefore Bradly v. Peake does not apply. Although the rater, after weighing all the evidence could of have decided either way, his/her decision does not rise to the level of a clear and unmistakable error. As noted in the special review decision, noted that even if individual unemployability was granted, it would be based on multiple disabilities and not on the voiding dysfunction alone. If that were the case, Bradly v. Peake does not apply. Since you do not have a single disability rated at 100 percent with additional separate and distinct disabilities totaling and additional rated at 60 percent, entitlement to special monthly compensation based on housebound is not established. okay: so my first ratings were this in 2012; 50% sleep apnea, overactive bladder 40%, 30% hysterectomy, 20% cervical spine DDD, lumbar spine 20%, R hip bursitis 10%, Left wrist strain 10%, R wrist strain 10%, L knee patellofemoral 10%, R knee patellofemoral 10%, Adjust disorder anxiety and depression 10% = 92% then I requested unemployability; they declared unemployability moot and granted me 100% P/T and my disabilities changed to this: 50% depression, 50% sleep apnea, 40% spine, 10% L hip bursitis, 20% R shoulder impingement, 10% L knee, 10% R knee, 10% R lower extremity radiculo, 10% R knee pat, 30% cervical spine, 30% hysterectomy, 10% L knee pat, 10% R wrist, 10% R hip bursitis, 10% painful scars, 10% L wrist strain and 60% overactive bladder and voiding dysfucntion

Okay so I guess I'm a little slow. How do I scan or inset something from my desk top? I have been reading this site for years but I have never really utilized the site. So I'm a newbe. I scanned everything onto my computer but how do I san it onto this site? Please assist.

So is it legal for the VA to come back and say what they would of used if they would of granted me unemployability after not mentioning it at all?

I filed a CUE the Denver RO denied my CUE stating that they would of used specific SC disabilities if they would have granted me unemployability. I even appealed to the BVA and just got word they denied it as well. I'm extremely frustrated because I know that I should of been granted SMC S under Bradley and back dated to my original retirement date.

Can the VA declare unemployability moot, not mention it all and then come back on appeal and state that if they would have declared unemployability they would of used specific SC disabilities?