Looking For All Posts By Wacvet75

[Philip Rogers]

Im relatively certain that this has been decided..probably by the courts or maybe an OGC opinion.

WacVet was on VBN, too, I think and Cruiser Vehemently said they were combined, while Wac Vet was just as sure the law was interpreted as added.

If you do find something definitive on this, it would be great if you did a post with a link to the case law or OGC opinion as to whether they are added or combined. I think this could or would impact a rather large number of Vets, and it is even possible it would impact me.

bronco - I don't believe it's been clarified by either the court or the OGC. I'll post when my case is resolved, however I believe the VA won't let it get that far, as the far reaching costs would probably bankrupt the USA, as it would set a precedence. Just think about how many claims would need to be re-adjudicated. jmo

pr

Try this link http://www.hadit.com...ivity&mid=10232

Or this one I tried to narrow it down to just SMC stuff https://www.google.c...iw=1614&bih=982

Thanks, tbird!!!

pr

Edited September 25, 2012 by Philip Rogers

[carlie]

I'll post when my case is resolved, however I believe the VA won't let it get that far,

as the far reaching costs would probably bankrupt the USA, as it would set a precedence.

Just think about how many claims would need to be re-adjudicated. jmo

pr

Hmmmmmmmm

Like I've insinuated before - - - -

Beverly Nehmer !

[Berta]

Philip,

I was reading this case looking for HB info but does the BVA here make the same point you have made regarding your claim?

In Part:

The Board notes that the TDIU rating was discontinued

effective April 8, 2003, the date that the Veteran's combined

disability rating increased to 100 percent schedularly.

Therefore, the Veteran currently does not have a TDIU.

However, the Board finds that to deny this claim on the basis

that the Veteran no longer has a disability rated as totally

disabling under 38 C.F.R. § 4.16 would lead to an absurd

result, that result being that he would be entitled to a

higher special monthly compensation rating, as explained

above, so long as his combined rating remained at 90 percent

or less, but would not be entitled to a higher compensation

rating even though one disability still renders him

unemployable and other disabilities have worsened such that a

100 percent combined schedular rating results. The Board

does not believe that the Bradley decision and/or the statute

intended such an absurd result and finds that the Veteran has

a single service-connected disability ratable as totally

disabling based on individual unemployability and additional

disabilities separately ratable at 60 percent.

ORDER

Entitlement to SMC based on having one disability rated as

100 percent disabling and additional disability or

disabilities independently rated as at least 60 percent

disabling is granted.

http://www.va.gov/vetapp09/files4/0935536.txt

[Philip Rogers]

Philip,

I was reading this case looking for HB info but does the BVA here make the same point you have made regarding your claim?

In Part:

The Board notes that the TDIU rating was discontinued

effective April 8, 2003, the date that the Veteran's combined

disability rating increased to 100 percent schedularly.

Therefore, the Veteran currently does not have a TDIU.

However, the Board finds that to deny this claim on the basis

that the Veteran no longer has a disability rated as totally

disabling under 38 C.F.R. § 4.16 would lead to an absurd

result, that result being that he would be entitled to a

higher special monthly compensation rating, as explained

above, so long as his combined rating remained at 90 percent

or less, but would not be entitled to a higher compensation

rating even though one disability still renders him

unemployable and other disabilities have worsened such that a

100 percent combined schedular rating results. The Board

does not believe that the Bradley decision and/or the statute

intended such an absurd result and finds that the Veteran has

a single service-connected disability ratable as totally

disabling based on individual unemployability and additional

disabilities separately ratable at 60 percent.

ORDER

Entitlement to SMC based on having one disability rated as

100 percent disabling and additional disability or

disabilities independently rated as at least 60 percent

disabling is granted.

http://www.va.gov/ve...es4/0935536.txt

Berta - in this case the vet has combined ratings that total 60% or more. In my case I have 60% because my disabilities "added together" total 60% and this is my argument.

pr