tdiu Cue Going To The Vet's Court

[john999]

My lawyer's office called me today to ask me to renew our fee agreement since my CUE was denied at the BVA. More lawyers are getting in on the act. My lawyer Karl K. has gotten another lawyer in on the case. Would my agreement have expired just because I lost at the BVA or is the lawyer trying to find a way to get more fees out of my potential award. I know they are anxious to win my claim since it means big money and they are pissed about the loss. I am pissed also but I don't want to share my award with three lawyers. I guess I just have to re-read the agreement. I think I also have a new CUE due to Bradley v Peake. I don't know if I can stand the strain. Any suggestions? Should I go ahead and file the CUE on Bradley? I have one disabilit rated as TDIU and 6 others that came later that are over 60%. As I read Bradley the VA made a CUE when they did not give me HB when I got the extra 60%. I also have a dx of agoraphobia from 2001, but I don't want another mental health C&P if I can avoid it. I am nervous!

[Philip Rogers]

Check w/your lawyer and confirm that any additional attorneys fees come out of his fee agreement, and not additional to his fees. As for HB, the VA need only consider it, not award it. If the VA made a statement, in the original decision, that they considered HB and/or A&A but denied it, then you have lost. As a point, they never considered them in TDIU awards, so you may be golden. Go get 'um!!! You've got way better odds than the lottery!!! jmo

pr

My lawyer's office called me today to ask me to renew our fee agreement since my CUE was denied at the BVA. More lawyers are getting in on the act. My lawyer Karl K. has gotten another lawyer in on the case. Would my agreement have expired just because I lost at the BVA or is the lawyer trying to find a way to get more fees out of my potential award. I know they are anxious to win my claim since it means big money and they are pissed about the loss. I am pissed also but I don't want to share my award with three lawyers. I guess I just have to re-read the agreement. I think I also have a new CUE due to Bradley v Peake. I don't know if I can stand the strain. Any suggestions? Should I go ahead and file the CUE on Bradley? I have one disabilit rated as TDIU and 6 others that came later that are over 60%. As I read Bradley the VA made a CUE when they did not give me HB when I got the extra 60%. I also have a dx of agoraphobia from 2001, but I don't want another mental health C&P if I can avoid it. I am nervous!

[jbasser]

Here is t he actual US Code for SMC S:

In no case does it mention 100 percent.

(s) If the veteran has a service-connected disability rated as total, and

(1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or,

(2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime. .

[Philip Rogers]

jbasser - I don't understand your post. It doesn't say 100% but does say "total, and."

pr

Here is t he actual US Code for SMC S:

In no case does it mention 100 percent.

(s) If the veteran has a service-connected disability rated as total, and

(1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, or,

(2) by reason of such veteran’s service-connected disability or disabilities, is permanently housebound, then the monthly compensation shall be $2,993. For the purpose of this subsection, the requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house (ward or clinical areas, if institutionalized) or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime. .

[jbasser]

The United States Code outweighs the CFR. The CFR is taking the US Code and interp[eting it to each individual Branch of Gobvernment.

The Code states total plus 60 whereas the CFR states 100 percent.

The code does not substantiate the CFR so the total vs 100 percent is in question at the court level

You dont have to be 100 percent to be total. You just have to have a disability that is considered static.

J

[Philip Rogers]

I disagree. You could have a 10% disability that is static but not total. It could be permanent but not total, unless it causes TDIU. Get my point? Anyway . . . whatever!

pr

The United States Code outweighs the CFR. The CFR is taking the US Code and interp[eting it to each individual Branch of Gobvernment.

The Code states total plus 60 whereas the CFR states 100 percent.

The code does not substantiate the CFR so the total vs 100 percent is in question at the court level

You dont have to be 100 percent to be total. You just have to have a disability that is considered static.

J

[jbasser]

Flip dont go there.

J