Jump to content

Sponsored Ads

  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
Sign in to follow this  

Bradley V. Peake (Statutory Smc (S)

Recommended Posts

Hi everyone, I've been gone for awhile. I just maxed out on facing this stuff after 20 years, and just received two Board decisions yesterday for my husband that immediately jarred me back into it. Anyway, I thought I'd share this with anyone who's interested. In late 2010 or early 2011, I filed a claim with the VARO for my husband who is rated 100% schedular, P & T, with one of his ratings being 60%, another being 50%, plus the others that make up the difference to 100% schedular per the combined ratings table, plus above that, he's got a 50% rating for sleep apnea and a 30% rating for bilateral cataracts (=70%). Almost a year later, I received a VCAA notice from the VARO that basically said they refused to process the claim because my husband is not TDIU. No reasons and bases, no evidence list -- nothing -- and yes, they did it via a VCAA notice. I wrote back stating that this was an improper use of the VCAA notice, but that we were interpreting that as a formal denial, and were filing an NOD with evidence, and a Form 9 for the Board appeal. I asked for an SOC and never got one.

Fast forward to yesterday. We received two separate Board decisions dealing with other claims. In one decision, the Board referenced the SMC(s) claim, stating that the VARO still had it since March 2012, and was unclear as to why the VARO had not yet certified the claim to the Board. Considering the fact that the VARO tried to shut it down via a VCAA notice without evidence or discussion of reasons and bases, I doubt very much they're trying to "develop" the claim. But, it's only been a year and a half, so I figure I'll wait until March of 2014 at the latest, sooner than that if I get the urge to do something else. Is that a reasonable approach? Of course, I can always do a writ petition, but would that be enough time to let pass before the situation becomes unreasonable?

Also -- please remind me, can I submit an IMO to the Board with a request for reconsideration? It would be new evidence. Are reconsiderations at that level running more than 120 days lately? (I've always gone directly to the Court, thought I'd consider a BVA recon for once). That's the most time I'd have after a recon request till I'd have to take it to the Court, anyway, correct?.

If any of you remember me, you may recall I was fighting for 100% schedular from 90% schedular for my husband covering the first ten years of his medical retirement. We've gotten as far back as early 1997, still plugging away for the three years before that. Never give up, never give up!

Edited by lotzaspotz

Share this post

Link to post
Share on other sites


Bradley isn't nearly as useful to comprehend this as Buie. In some ways Buie updates the Bradley jurisprudence. Give me an actual breakdown of how you see his ratings and the order in which you received them. Effective dates too, if you would. Sounds like they are doing a 3 card Monte game on you. If you haven't read Buie, see this http://asknod.wordpress.com/2011/09/27/cavc-buie-5-v-shinseki-0-2011/



Edited by asknod

Share this post

Link to post
Share on other sites

Thanks for the link, yes I need to read Buie now.

Here's my husband's ratings with effective dates (the formatting is a little skewed, hope this is readable):

Initial Rating and Issue Effective Date Increase % Effective Date Increase % Effective Date

60% for residuals of pituitary surgery 8/27/93

30% for organic mental syndrome 8/27/93 50% 8/27/93

10% for lumbar spine scoliosis 8/27/93 20% 8/27/93 40% 7/8/03

20% for bilateral visual field loss 8/27/93 30% 2/4/97

20% for hypoadrenalism 8/27/93

10% for cervical spine DDD 8/27/93 20% 7/8/03

10% for chronic sinusitis 8/27/93

10% for scar postoperative pilonidal cyst 8/27/93

10% for scar postoperative abdominal hernia 8/27/93

10% tinnitus 7/13/98

50% Sleep Apnea 10/28/07

30% Bilateral Cataracts 11/6/07

Share this post

Link to post
Share on other sites

Read Buie, OMG! We filed this pro se. There appears to be some hesitancy on the part of vet attorneys (obviously not Ken Carpenter) to handle this particular type of claim. It appears that there's plenty of precedent (and plenty of retro to get 20% of), am I missing something?

Share this post

Link to post
Share on other sites

I had TDIU since 2002. Around 2008 I got an extra 60% for an AO condition. I asked for "S" using Bradley V Peake in 2010 after I heard about that decision here on hadit. The VA called a CUE on themselves and granted me the "S" with about two years of retro. If your husband is total plus 60% he is entitled to "S". You should not even have to file a claim. Of course , I did because the VA was not to swift on the Bradley V Peake decision. I quoted Bradley v Peake as my authority for getting "S".

Share this post

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 5 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:


      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.


      • 10 replies

Important Information

{terms] and Guidelines