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tdiu John999 And Those Who Understand Cue
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Teac
John, I noticed you won your claim for Housebound under cue... Could you tell me.. what was the date of your inital claim were the va did not award Housebound, and what was the date they finally awarded it... You also said the va called CUE on itself..?
I am asking this because I just received a denial on my CUE claim stating :
The decision to not grant entitlement ot special monthly compensation based on housebound is not considered to have been clearly and unmistakably erroneous because the decision was properly based on the available evidence of record at the time and the rules then in effect. Bradley v Peake decided Nov 26,2008 was determined to be an interpretation of the law and not a legislative change. Therefore entitlement is based on the date the benefit is claimed following that decision.
The dates that I am claiming for housebound benefits are August 14, 2001 thru 31 January 2007. Because these are the dates that I was rated TDIU for my back injury, and 60% for my lung condition,. On 31 Jan 2007, TDIU was revoked and I was awarded 100% for my Lungs.
While I have done a lot of research to determine if the BVA granted SMC to other Veterans on claims that existed prior to the Bradley v Peake ( NOv 2008) and I have discovered that the BVA has in fact granted some claims... I was wondering about the dates of you claim.
I have already submittted my NOD but I am interested in hearing about your case, and for that matter anyone else who cares to chime in and offer a comment concering the denial under CUE.
I am having a hard time understanding how the VA can admit that they misinterpretated the law, and some how that is not CUE. We all know that ignorance of any law is not a defense...
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