Smc S

[dsgsr]

I'm pretty confused on this Bradley V Peake thing, Can anyone here give me guidance? My VSO has never heard of Bradley V Peake.

In '97 I was awarded IU and had 50,40,30,20,20,10% . Then in '99 I received an increase in the 50-to-70 and the 10-to-50 which gave me 70,50,40,30,20,20 and 3.6 for Bi-lateral for the 20's and I was made 100% P&T. Would Bradley V Peake come into play here, or not because the IU wasn't TDIU?

Thank you,

David

[john999]

You need to have TDIU plus 60% or 100% plus 60%. At some point you may have qualified for "S". What is your actual percentage rating now?

[vaf]

You need to have TDIU plus 60% or 100% plus 60%. At some point you may have qualified for "S". What is your actual percentage rating now?

John, it sounds like this veteran is getting into the same situation my husband is in with 100% schedular P & T, plus 60%, but not TDIU. I am telling you guys, the VA will not grant SMCs under those circumstances without a fight. Expect it. Their position is that even with a schedular 100% rating, one of those ratings being at least 60%, plus at least 60% over the 100%, the schedular total moots IU and they will not consider changing it. We are arguing CUE under Bradley that the VA has not met its responsibility to rate the veteran in the way that is most monetarily beneficial to the veteran.

Anyone in this situation should file a claim immediately -- you'll be denied and will have to fight it, but it needs to be done.

[dsgsr]

I am 100% scheduler P & T. I do not have any rating above that, just the combination 70,50,40,30,20,20,3.6% that makes up the 100% scheduler P & T as of '99. In '97 I was awarded IU and had a rating of 90% (50,40,30,20,20,10%). My VSO says the 100% scheduler P & T in '99 cancels the IU. I really would like too make sure I Do, or I Don't have a claim before I clog the system up with another one.

Thank you,

David

[john999]

dsgsr

Right now I don't think you have a claim for housebound unless you are housebound. That's is a good possibility. There are other vets here who are actually housebound and they got "S". To speak to VAF's point if a vet is schedular 100% plus 60% they are entitled to "S". That is the law. If they overlook it it is a CUE.

[Berta]

Right-

this is the basis of my SMC accrued CUE claim-now falling under Nehmer.

The VA never acknowledged my husband's TDIU form.

They awarded 100% P & T for PTSD.

They never mentioned schedular at all.

"My VSO has never heard of Bradley V Peake. " Disgraceful!

I feel it should be mandated that all VSOs or their vet orgs -purchase the annual VBM from NVLSP.

Even if their POA office has limited internet access, the VBM will give them an annual summary of new regs and court decisions like Bradley-that affect veterans.

Then again - didnt the VSO read the Training letter on Bradley? His org should have received it and faxed it to all vet rep offices.