More Bradley Vs Peake

[broncovet]

I had applied for IU, which was denied because it was "moot" when I was awarded 100%. However, Bradley vs Peake clearly shows that it is NOT moot, because IU plus 100% clearly qualifes the Veteran for housebound. (SMC S, I think). Is this CUE?

[jbasser]

Iu is considered the total part and the other ratings need to add up to 60.

J

[broncovet]

I agree, Basser, but what I am saying is that if IU is denied because it is considered moot, then if IU were considered (awarded), the Veteran would meet the 100 plus 60, and eligibility for SMC housebound.

That is, IU being moot would never be the case, since the Veteran would get more benefits WITH IU than without IU. Example:

Veteran is 30% for depression, 10% tinnitus, and had applied for an increase for depression as well as TDIU.

Veteran was awarded 100% for depression, but TDIU was denied as it was considered moot. "Moot" means it does not make any difference, BUT IT REALLY DOES make a difference because if the Veteran was awarded IU, he would be eligible for SMC.

[Chuck75]

To me, it's a CUE, due to the VA's mis-interpretation of law. There is other "general" language that basically says that the VA is required to do certain things that it does not do, until forced by court action.

If the underlying disabilities fall under Nehmer, as well, things might get really interesting.

I had applied for IU, which was denied because it was "moot" when I was awarded 100%. However, Bradley vs Peake clearly shows that it is NOT moot, because IU plus 100% clearly qualifes the Veteran for housebound. (SMC S, I think). Is this CUE?

[john999]

Bronco

What was your rating when you applied for IU? If you had been awarded IU would you have had an extra 60% above and beyond IU at some point?

[broncovet]

My rating when I applied for IU is a big grey area. I actually applied when I first applied for benefits, explaining that, because of SC conditions, I was unable to get a job. So, I guess that means my rating was 0 at that time.

I got my benefits in "steps", which the VA LOVES to do, rather than just award the whole enchilada at once. It seems the Va loves to complicate, and Bradley certainly complicates the VA automatically denying IU as moot, whenever 100% schedular is awarded.