HadIt.com Elder Pete53 Posted May 28, 2011 HadIt.com Elder Share Posted May 28, 2011 Bradley v Peake is a giant victory for Veterans who meet the definition as housebound. My question is can Bradley v Peake be used to ask for CUE if VA did not rate for SMC prior to the decision? Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted May 28, 2011 HadIt.com Elder Share Posted May 28, 2011 Pete I would try to CUE it. As I understand it Bradley is not a new law or regulation, but is the proper interpretation of an existing law or regulation. The VA was improperly not awarding HB to vets who were total plus 60% all along. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted May 28, 2011 HadIt.com Elder Share Posted May 28, 2011 I still see a problem with their "Fast Letter." See the bold underlined portions. They state "independently rated at 60% but then use a combined evaluation of 60%." WacVet75 and I discussed this previously, here, and the RO's are still using the combined ratings standard, rather than independently rated standard. I called the NVLSP offices, for an official clarification, but needed to wait for a call back and I'm unavailable at this time to wait for the call back. New Evidentiary Standard Based on the Court Link to comment Share on other sites More sharing options...
sgmdae Posted May 29, 2011 Share Posted May 29, 2011 I have read literture and post all weekend. Let me state my facts, and give me your best advice 8 Nov 2009, rated, effective 2 June 2009 100% PTSD permanent 17 Mar 2010 rated, effective 2 June 2009 20% Degenrative Joint disease of the right Ankle 20% Degenrative Joint disease of the Left Ankle Bilateral rating should be includend in overall for ankles 10% Right Knee degenerative joint desease 10% Tinnitus 0% Bilateral Hearing 0% Gastroesophageal 1 Apr 2010 rated, effective 2 June 2009 20% Right acromioclavicular (AC) joint arthrosis Using, VA math, straight math, and consisting the added Bilateral for ankle, I think it is round up to 60%, or exceeds I would appreciate opinion, and computations Thank you 100% PTSD 20% right ankle 20% left ankle 10% Right Knee 20% Right Shoulder 10% Tinnitus Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted May 29, 2011 HadIt.com Elder Share Posted May 29, 2011 100 percent Ptsd P and T plus 20 20 20 10 10 That equals 60 so yes. You shouls ask for SMC S. J A Veteran is a person who served this country. Treat them with respect. A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served. Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted May 29, 2011 HadIt.com Elder Share Posted May 29, 2011 I haven't verified jbasser's figures but I'm sure he's correct, however, I do feel, he may have failed to mention that you should ask for that SMC "s" award, retro to the date at which time the last award was that brought it to the 60% level, because, I believe, the VA is supposed to proactively award that "s" award, meaning the veteran doesn't need to apply for it, the VA is required to award it w/o the vet asking. It is assumed the veteran doesn't know about it. Anyone, please correct me, if I'm wrong? Thanks! pr 100 percent Ptsd P and T plus 20 20 20 10 10 That equals 60 so yes. You shouls ask for SMC S. J 63SIERRA 1 Link to comment Share on other sites More sharing options...
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