WAC-Vet75 Posted March 12, 2011 Share Posted March 12, 2011 SheilaLundlee, look at our other threads concerning 100% plus 60% added....... we have plenty of ammunition for your CUE. Philip Rogers already had his case before the BVA, and now will hopefully be following through with the CAVC. Until someone gets this before the CAVC, the VA is going to continue to ignore the letter of the law/regulation, just like they have with so many other cases... Bradley v Peake is just one example where the VA, BVA, arbitrarily interpreted the law (though there was NO law/regulation to that effect) to THEIR advantage. File a NOD citing the CUE. Link to comment Share on other sites More sharing options...
steve&pat Posted March 12, 2011 Share Posted March 12, 2011 GO TO THIS VAOIG report from 1/24/2011 click on the hot bar and click onthe (Full report PDF) at top and go to page 7 OIG has already noticed this and the VA is supposed to be INSTRUCTED ON THIS ERROR THEY ARE MAKING.USE this like a FAST LETTER. http://www.va.gov/oig/publications/report-summary.asp?id=3738 STEVE & PAT Link to comment Share on other sites More sharing options...
WAC-Vet75 Posted March 13, 2011 Share Posted March 13, 2011 (edited) GO TO THIS VAOIG report from 1/24/2011 click on the hot bar and click onthe (Full report PDF) at top and go to page 7 OIG has already noticed this and the VA is supposed to be INSTRUCTED ON THIS ERROR THEY ARE MAKING.USE this like a FAST LETTER. http://www.va.gov/oi...ary.asp?id=3738 STEVE & PAT "The veteran had additional disabilities totaling 60 percent disabling." I would love to see that case. Interesting that they didn't state, "the veteran had additional disabilities with a combined evaluation rating totaling 60 percent disabling", or "the veteran had additional disabilities totaling 60 percent disabling, in accordance with the combined rating table 38 USC 4.25", as the word "totaling" means sum up, as adding. "In October 2006, an RVSR increased a veteran's evaluation to 100 percent. The veteran had additional disabilities totaling 60 percent disabling. However, the RVSR did not grant statutory housebound benefits (special monthly compensation) in accordance with established regulations. Regulations entitle veterans with a 100 percent disability and additional disabilities rated at 60 percent or higher to receive special monthly compensation. Because VARO staff did not grant the special monthly compensation, the veteran was underpaid $20,800. The VSC manager agreed stating the prior evaluation was clearly erroneous and took action to grant the benefits." This was just from the sampling the OIG took, not every 100% case with additional disabilities! BTW, FRIGGIN AWESOME find Steve&Pat!!!!!! Edited March 13, 2011 by WAC-Vet75 Link to comment Share on other sites More sharing options...
rakkwarrior Posted March 13, 2011 Share Posted March 13, 2011 See my CUE template on failure to assign SMC "S" awards. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted March 13, 2011 HadIt.com Elder Share Posted March 13, 2011 I got "S" based on TDIU plus 60%. It was a CUE. I got 8500 bucks in retro. It only took about 5 weeks to get it. I just sent in Statement in Support of Claim asking for "S" based on Bradley V Peake. I had one single rating of 60% plus 5 10% ratings above and beyond the IU. Link to comment Share on other sites More sharing options...
WAC-Vet75 Posted March 13, 2011 Share Posted March 13, 2011 I got "S" based on TDIU plus 60%. It was a CUE. I got 8500 bucks in retro. It only took about 5 weeks to get it. I just sent in Statement in Support of Claim asking for "S" based on Bradley V Peake. I had one single rating of 60% plus 5 10% ratings above and beyond the IU. Hopefully, we can get them to CUE, for using the combined rating schedule, for ratings over 100%, so our comrades will get their rightful entitlement! Link to comment Share on other sites More sharing options...
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