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More Bradley Vs Peake

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broncovet
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dsgsr Collaborator

dsgsr

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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.

My 100% scheduler was awarded in Jan. '99 so it's not recent. I hope you are right and win.

David

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carlie Grand Master

carlie

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Posted

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.

bronco,

Go get em !

Tell them, "Show me the money".

I hope you can do it at COVA and make it a precedent setting case : )

Carlie passed away in November 2015 she is missed.

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broncovet Grand Master

broncovet

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Dsgsr

If I am right on this (and I dont know if I am or not), then it could be a lot for a lot of Veterans. There is even some chance if it applies to a lot of Veterans, then many of them could basically get a $311 per month "raise" for SMC S (Housebound).

When I asked a similar question on another board, a retired rater with some 20 years experience chimed in with his opinion. He did not say, "Yes, you are entitled to SMC Housbound under Bradley if you file a CUE", but he also did not expressly say no, either. He did say something about a "loophole" suggesting that is was not the intent of the law to award SMC S Housebound to IU-Schedular Vets.

This retired rater related a story about a different "benefits loophole" as follows: (This is my paraphrasing of the story)

There was a loophole in the law, which basically stated that before a Veteran could receive compensation as a result of VA medical care, there had to be proof of negligence or malpractice. Then, apparently a Veteran took the VA to court over this, and the court ruled that the VA had no authority to deny claims simply based on the absence of malpractice or negligence. After the court ruling congress stepped in and "fixed" the legislation, however during the interim period before congress could act, the Va had "no choice but to grant a bunch of claims that otherwise should not have been granted". Apparently a number of Veterans took advantage of the "window of opportunity" before the loophole was closed.

At this point, I dont know if its a "loophole" or a "noose" to hang me with. I think I will be watching for anyone in the VA who looks like they are trying to "kick the chair out from under me". However, I think if the VA "had the goods" on me, I would already be swinging from the bottom of that noose, because I am pretty sure there are enough VA employees that would really like to see me choke to death, that, if they could, they would already have done it. I just dont think they can "hang me out to dry" with this large of an audience.

I feel compelled to proceed, at some risk of retaliation by the VA, for the benefit of other Vets as well.

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john999 Grand Master

john999

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Bronco

File it. You have nothing to lose. Whether it is a CUE or not you will probably get an answer in a hurry. I got my CUE in about 5 weeks on the IU plus 60% "S". That is speed of light for St. Petersburg VARO.

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broncovet Grand Master

broncovet

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Ok...Will someone please give the "hampster wheel" a spin after I jump on? On second thought, I dont know if I can take another 10 years on the VA benefit hampster wheel.

I was hoping to find someone who had figured out how to get off the hampster wheel, other than the "usual" method of getting off the VA hampster wheel by giving up on your benefits. That is the only sure way to get off the wheel that I know of.

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