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Bradley V. Peake (Statutory Smc (S)

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Asknod, we're filing based on statutory eligibility. He is not literally housebound.

After 20 years, you might say we're used to underoing a lot of back pressure. We've been known to return the favor, on occasion.

Any further advice on statutory eligibility? And about my question of the SMC(s) claim still sitting at the VARO since March 2012, after they clearly had no intention of processing it (as they stated in a VCAA notice) until we filed the NOD, asked for the SOC that never arrived, and when we did that, sent a copy to the Board? Wait till March and file a Writ of Mandamus petition, or is that still not enough time to have passed before it can be considered an unreasonable delay?

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Spotz- Per your conversation #7 above, 60+50+20+10+10+10 (1993)= 87%> 90%. No TDIU in 1993. One must rate all ratings by date of entitlement as the base metric for the combined rating. The statutory presumption of the SMC S can only follow the accomplishment and official award of rating of TDIU (or 100% schedular). [Please remember the vernacular-a schedular rating is, by VA definition, the highest rating possible for a disability. Thus the schedular rating for DC 6260 tinnitus is technically 10%. This is confusing as VA also often refers to a "schedular" as a 100% phenomenon due to a single etiology] Yes, 50% and 30% unarguably add up to an additional 65%>70%.

http://www.law.cornell.edu/uscode/text/38/1114 under (s) describes the schedular (100%) requirement but Bradley/Buie inserted TDIU in its stead. If the 50/30% awards occurred after the TDIU, that date would be for application of S. Mr. Buie's was an ongoing Fenderson staged rating of one claim stream that was uninterrupted. It might have encompassed multiple claims but it all occurred under the umbrella of one original claim that just continued to metastasize like cancer. Do not confuse it with one where periods of unappealed time occurred in between increases or newly-won claims over decades. Do you see the difference? Buie's claim, quite simply, was one long uninterrupted process. Your husband's, in contrast, is one with fits and spurts and dead times in between ratings-thus giving them finality. Unarguably though, the 50/30 is the "S" hammer.

The term "statutory eligibility", or more properly phrased as statutory authority, can only refer to the two codicils expressed in 1114 (s). Either you have the requisite extra 60%, or you are indisputably housebound by virtue of SC disabilities only. Being disjunctive, either one fulfills the requirement. VA will often agree that you are H/B in the second instance, but will pawn it off on being a combination of SC and non-SC illness/injuries. It's an old delaying tactic as is most of what they do. You have to be strong. By not appealing, you agree with the rating. You make the call. Do the mirror test. Look yourself in the mirror and say "I deserve this" with conviction. If you cannot, then sit down. If you pass the audition, file the NOD and press on. God sends the Right.

Apropos the Writ. I love them. For $50, you literally get to buy justice. The worst that can happen is a blatant dismissal but as we know , it always seems to somehow magically speed up the process for no earthly reason anyone can put their finger on. I call it FM-the second word being Magic.

a

Edited by asknod
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has he been tested for erectile dysfuction?

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Meghp is braver than I. I will simply say ED encompasses SMC K and seems to be extraneous to this conversation. Please do not miss your 120-day suspense date for a NOA to the Court. I have seen many request a Reconsideration and all were denied. Asking for a MFR will not equitably toll the time for your NOA either. If you file the MFR, the BVA still has mandate and you cannot simultaneously file the NOA. It's a dicey Catch 22. The Court will reject the NOA in the presence of a MFR. FYI

a

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ok, I have to do this (but I do know better) how does one get TESTED for ED?

They test you for testosterone in your brain, and your how shall I say., balls. If its low, theres a good chance you have it. they can also test for sex hormone levels. I noticed he has adrenal gland issues, adrenal glands also make sex hormones.

over the years, when performance drops, its gradual, and u really dont realize it so much, until you get a magic blue pill. THEN you see how much youve " dropped off" over the years.

You only get 4 pills a month, but they are great! (I guess the govt will spend billions a month in a war, but wont pay much for love).

Edited by 63SIERRA
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