tdiu Smcers Pr,john,chulai,rakk Etc

[Berta]

I found this case while answering a post by Chu Lai.

"Additionally, while the total disability requirement must be met

by a single disability, the 60 percent requirement may be met by

applying the combined rating of the Veteran's remaining

disabilities. See Bradley v. Peake, 22 Vet. App.

280 (2008) (noting that "combined ratings to satisfy the second

requirement but not the first"). "

http://www4.va.gov/vetapp10/files3/1026621.txt

Maybe someone else has found this by now-and this case obviously is after Bradley decision.

Are they saying if you have 100% and not TDIU then the VA can combine additional SC to meet the 60 for the 100% plus 60 SC "S" award?

Since the premise of TDIU says Total disability due to individual unemployabilty-should TDIU vets file for and request 100% instead of the TDIU?

Would that make sense?

I have always had the feeling that SMC can be manipulated by the VA to their favor-

and maybe the key to that is in fact that many TDIU vets should be 100% vets but as long as they are deemed TDIU they would need qualify for additional independent 60% SC for "S" unless they can meet the housebound requirements for "S" instead.

[WAC-Vet75]

Rakkwarrior... gee, what a bummer! I was getting ready to get my resume in order, "educated disabled Veteran, able to work an hour here or there on good days, can't be stressed, must be able to take naps, given time off for VA appointment, must work from home, can use telephone (when I don't lost my voice)....... First job opportunity, fitting with my physical limitations, I was going for!

[rakkwarrior]

Rakkwarrior... gee, what a bummer! I was getting ready to get my resume in order, "educated disabled Veteran, able to work an hour here or there on good days, can't be stressed, must be able to take naps, given time off for VA appointment, must work from home, can use telephone (when I don't lost my voice)....... First job opportunity, fitting with my physical limitations, I was going for!

You would be an excellent DAV Chapter or Department Service Officer, those wo are willing to work within their limits, and be certified by the NSO Supervisory staff and National Organization. I really enjoy training and developing people. I really do admire the amount of intelligence and sheer will of the people we have here. Thats why I keep writing. :-)

One very close and dear to be was one of the last WAC's, she's awesome and like a second mother to me ;-) an amazing group of women!

[WAC-Vet75]

I'll take the job!!!

[Philip Rogers]

Too bad, WAC, I was sure the VA had a few of those but probably they already have long, long, waiting lists. I'd say try the NSOrgs but ya need to be able to play golf, a couple days a wk, for those!!! roflmao

pr

Rakkwarrior... gee, what a bummer! I was getting ready to get my resume in order, "educated disabled Veteran, able to work an hour here or there on good days, can't be stressed, must be able to take naps, given time off for VA appointment, must work from home, can use telephone (when I don't lost my voice)....... First job opportunity, fitting with my physical limitations, I was going for!

Edited March 20, 2011 by Philip Rogers

[Pete53]

It seems like the exception to the rule is to work for VA or be a Service Officer.

[WAC-Vet75]

Too bad, WAC, I was sure the VA had a few of those but probably they already have long, long, waiting lists. I'd say try the NSOrgs but ya need to be able to play golf, a couple days a wk, for those!!! roflmao

pr

Even if I knew how to play golf, it would be way too physical for me now....... Could you just imagine getting paid for something you love to do, and have been doing for free?!!! I would be a NSO in a heart-beat, as the service organizations do not charge our comrades to fight to get them what they rightfully are entitled to. I had a well-know attorney here, and former JAG Officer, ask to hire me as a consultant on Veterans cases, but I find charging Veterans to get them what is rightfully there's to be repugnant.

The Service Organization NSOs that I've known, were all veterans themselves. The very first NSO I met, in Philadelphia (1970's), O.J. Brookes, DAV, impressed me so much, that I've based my "method" of research on him. He left NO stone unturned. I may not have the knowledge/training NSOs have, as they have training, but I put my heart into each case I've worked on, and learn all I can concerning their medical issues, so as to get as much for them the law/regulation allows. I can understand how Rakkarrior felt, when he had to "let down" his friend, as I have a Vet right now, that wants to fight a condition, that even, "reasonable doubt" makes it difficult to fight. I intend to do my best in wording that part of the claim, but even with my optimistic views, it will be a miracle to win, and I told him so. My Vets also understand my conditions, and realize I can be very limited as to how fast I can work their claims. I have already had to advise some how to do their claims, because I was just physically unable to do it myself, at the time.

Sorry, I just realized I hijacked this thread......