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!

[john999]

So what we agree on is if a vet is total plus 60% he/she has a statutory right to the SMC S. What you are saying, John, is that the Code overrides the CFR. This is what I took away from Bradley. You don't have to prove you are housebound. If you were total and did not have the extra 60% you have to show that you are housebound due to your disabilites. The VA has been claiming for years you must be 100% schedular and the Vet's Court said that was wrong. Is the VA trying to go beyond the Veteran's Court of Appeals to overturn Bradley? Did Bradley get his SMC?

[jbasser]

That is correct John. The CFR is miss quoting the United States code.

The Court has explained it in Bradley V Peake.

It may not be the only issue that needs reviewing.

John

[john999]

You know the SMC "S" may be only 295 bucks but it also figures into DIC. It is worth claiming. Why are not the VSO's trumpeting this? Why do vets on their own have to find this stuff out? Without hadit I would have just assumed that you had to be 100% schedular forever since the VA is never going to review all these IU total plus 60% claims. Just like Nehmer gets ignored until you quote it in your appeal. How many vets are afraid to ask for what they deserve because they think the VA will retaliate? The VAMC does not do outreach, and we will all be dead and in our graves before the VBA ever reaches out to a single soul. The VA actively discourages vets who have a total rating from filing new claims.

[jbasser]

Here is a little more info: The US code is based on a higher authority.

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. The CFR is published by the Office of the Federal Register, an agency of the National Archives and Records Administration (NARA).

whereas:

The Code of Laws of the United States of America (United States Code, U.S. Code or U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. It contains 50 titles (along with a further 5 proposed titles) and is published every six years by the Office of the Law Revision Counsel of the House of Representatives.[1]

Edited September 18, 2010 by jbasser