More Bradley Vs Peake

[vaf]

David, I'm not Carlie, but my husband was rated 100% schedular P & T, and he worked until he couldn't keep up with it anymore. Yes you're allowed to work under those circumstances, but many cannot. It just depends on what brought you there.

100% schedular rating for PTSD, for instance, would be a distinct detriment to working, I would think.

A total rating based on TDIU means you cannot work.

Schedular means your total disability is not based on TDIU, in other words, you actually have the ratings that bring you to 100% on the Combined Rating Table in 38 CFR.

[Philip Rogers]

I would call them grave procedural errors, rather than CUE's. Something can't be CUE until the decision becomes final, which happens one yr after the decision, if not appealed. CUE in this sense, is a specific term for use in the VA claims process. You can NOD a grave procedural anytime before the one yr appeal time tolls. So yes, that's what I'm saying.

pr

This sounds like the proverbial chicken vs. egg and which came first question. I'll explain our situation as an example.

1) The veteran never filed a formal claim at the time the evidence indicated SMC(s) should have been considered.

2) The VA never considered it without a formal claim.

3) After finding out about Court cases Acosta, Bradley and Akles, the veteran asked the VARO to consider it.

4) The VARO denied the "claim" due to what I believe is its refusal to comply with Acosta, Bradley and Akles.

5) The denial came in the form of a letter, not a Rating Decision, and did not contain reasons or bases, nor did it contain information on appeal rights.

6) No VCAA notice was previously issued prior to the the "decision," which also violates provisions of the Veterans Claims Assistance Act.

So, you're saying this isn't yet a CUE and the one year period started running at the time of the "decision" letter that wasn't a formal Rating Decision? That prior to one year, we should instead call it a "grave procedural error?"

If we let the VARO kick this to the Board, it will end up being remanded based on these grave procedural errors. We're trying to have them handled at the agency level that made these errors, so CUE vs. grave procedural error, isn't it the same difference?

[dsgsr]

I am 70% for depression with numerous other ratings for physical disabilities and yes I'm on SSDI for Depression, But if I could find a way to be employed part time I would give up the SSDI. I'm going insane stuck in the house. I'm getting weird, thinking crazy thoughts, not getting along with anyone (my close family) I'm beginning to think the neighbors are messing with me. But I'm surviving.

David, I'm not Carlie, but my husband was rated 100% scheduler P & T, and he worked until he couldn't keep up with it anymore. Yes you're allowed to work under those circumstances, but many cannot. Scheduler means your total disability is not based on TDIU, in other words, you actually have the ratings that bring you to 100% on the Combined Rating Table in 38 CFR.

That would explain why ,when I call the 800 # they tell me I can work. Or are they trying too get the Vet to screw up so they have a reason to pull their rating? I'm getting tired of the fight. they are going to win no matter what, they're the VA.

Sorry for the rant,

Thanks,

David

[john999]

DSG

If you are 70% and on SSDI I think you can work but only below poverty line. You can expect SSA to question you about working. I think there is a pretty strick limit on how much you can earn and be on SSDI. If you get IU or 100% from VA for the depression forget it. I know just how you feel, but now I don't think there is too much I could do. I might be able to buy and sell, but being on IU that is all out of the question if it is earned income. How old are you? If you are over 50 you better just stay on SSDI and try and get IU. You are effectively unemployable just due to your age. Really, all us older people are just unemployable due to prejudice against older workers. That is not a reason for IU with the VA but it is a reality. If you can do volunteer work that would be better. If you work and get any sort of unemployability benefits you will always be questioned by anyone who knows about it. People have a rotten attitude about the disabled. Not being able to work increases the isolation of disabled people. We have a stigma and are isolated on top of it. When I see old people working I envy them there ability to work. They probably envy me.

[dsgsr]

John999, I am 100% Scheduler P&T. 70% of that is for depression, The rest is 50,40,30,20,20,3.6% physical. It's the HB that's driving me nuts, of course If I was being compensated for HB it would be welcome but I would rather be able to get out and do something, but with all my Physical disabilities Plus Depression and I don't do well around others that's the rub.

David

[broncovet]

Here is the gist of what I am getting at in this post:

Frankly, I think many/if not most recent 100% Schedular Vets are also unemployable, and should be entilted to about another $311 per (SMC S) month under Bradley vs Peake. But they are going to have to file a CUE.

I have just about made up my mind that it is CUE for the VA to tell the Vet that TDIU is moot, when it is not.

I am fairly sure I will file, and have a message into a law firm.

Other Vets can do what they like, but I am not leaving any money on the table to which I am (or even may be) entitled.