tdiu Smc "s"

[john999]

I have an indication that the VA is processing my request for a SMC "S" claim due to TDIU plus 60%. It is happening fast one way or the other. They owe me two years of retro on this since I should have been awarded "S" in 2008. You know it buggs me because if I did not hear it here I would never have known, and the VA would never have granted it. If you don't claim it you never get it. The VA is obviously never going to look back at all the IU plus 60% awards and do anything unless the vet claims it. I bet there are plenty of vets with 100% schedular and 60% who don't have "S".

[vaf]

I don't see how the VA is going to change a veterans status from 100% to TDIU, just to justify an SMC Award.

I was rated 60% for a back injury and awarded TDIU, I had another seperate 60% rating for asthma, I was not awarded the SMC . But under bradley v peake I should have been. ( I have a cue claim in the system)

Later, I received a 100% rating for the asthma/copd , and the TDIU award was revoked but I still have 60% for the back injury. I get A&A because I have shown the need.

Unless a veteran has a conditon that would qualify for IU, how do you justify revoking the 100% rating and granting TDIU? In my case it doesn't matter, I get the SMC either way, but most veterans arn't going to have one condition that can be rated IU, and still another condition that can be rated 100%.

You must have overlooked my statement that my husband was deemed unemployable by the SSA due to all service-connected conditions, including the 60% rating he had that contributed to his schedular 100% rating. He just happened to get sick enough to qualify for 100% schedular disability before he had to apply for IU status. It was an outcome of timing and semantics, both of which I would argue are not grounds to discriminate between granting SMC(s)benefits to a lesser rated IU veteran with at least 60% beyond total disability statutory housebound benefits, but not similarly granting those benefits to a veteran who could meet that same IU status, but will not be considered because he happened to receive a schedular rating before he had to apply for IU status, and who since that time has been awarded 70% disability beyond the 100% schedular status.

Do you see what I mean?

[jbasser]

I don't see how the VA is going to change a veterans status from 100% to TDIU, just to justify an SMC Award.

I was rated 60% for a back injury and awarded TDIU, I had another seperate 60% rating for asthma, I was not awarded the SMC . But under bradley v peake I should have been. ( I have a cue claim in the system)

Later, I received a 100% rating for the asthma/copd , and the TDIU award was revoked but I still have 60% for the back injury. I get A&A because I have shown the need.

Unless a veteran has a conditon that would qualify for IU, how do you justify revoking the 100% rating and granting TDIU? In my case it doesn't matter, I get the SMC either way, but most veterans arn't going to have one condition that can be rated IU, and still another condition that can be rated 100%.

The VA wants you to believe the reference made from the United States Code section 114. The VA wrote their little tidbit to say 100 percent plus 60 when the BOSS which is the USC not the CFR was written as total plus 60. That is the issue.

J

[vaf]

I'm equally concerned about the VA's attempting to circumvent the claims adjudication process by issuing a claims denial in the first paragraph of a cover letter of a VCAA notice. This statutory housebound claim is a perfect example of the VA choosing to ignore the findings of the Court of Veterans Appeals in Bradley, Acosta and Akles, and then trying to disarm the veteran by denying him access to the appeals process, or the grounds for the denial.

[Berta]

Carlie posted the VA Fast letter on Bradley here:

If they denied the "S" award without properly considering this fast letter, you should submit the letter as evidence and tell them exactly why the medical evidence warrants the SMC "S" award.

[vaf]

Carlie posted the VA Fast letter on Bradley here:

If they denied the "S" award without properly considering this fast letter, you should submit the letter as evidence and tell them exactly why the medical evidence warrants the SMC "S" award.

Berta, I did send the fast letter with the NOD to the "decision." My husband has applied for statutory benefits for SMC(s), however, he is not literally housebound. The letter states the two conditions that qualify the veteran for housebound. I did note to them that the letter states that the veteran must meet the rating requirements OR be (literally) housebound, not AND be (literally) housebound.

I called a CUE on that, as well as the fact that they did not render a formal Rating Decision, they merely denied the claim in the opening statement of the VCAA notice.

[john999]

I don't see how the VA can deny a claim with a VCAA letter. More BS from the VA. They probably think you won't follow-up and fight this. When they do these things no one ever gets punished. The VA has a problem with due process.