Can anyone tell me if they know of any awards based on CUE for Housebound under the Bradley v Peake ruling?
I submitted my CUE indicating that the VA never considered Housebound based on my TDIU for a single issue and a separate 60% rating
I argued to the BVA on the 20 Apr 2018 that because two separate Gen Counsel Opinions were in effect (and conflicted with each other, ) at the time of my TDIU award, that Housebound was not considered.
The BVA Judge seemed to be intrigued with my argument, and even indicated it was a well though out appeal.
I know the argument being used by the VA is that the change in interpretation of a law does not allow retro compensation base on the bradley v peake decision, unless you have had the claim in prior to the Bradley decision
Those of you familiar with Bradley v Peake know that the VA tossed out Gen Counsel Opinion 6-99 but kept the GCO # 2-94 and the regulations in place. I argued because the va had two conflicting opinions, that Housebound was never considered resulting in a CUE
Of course the Regional Office denied the appeal because they said the change in interpretation of a law does not allow retro compensation, and therefor there is no cue.
Thank you for and response
I am not a lawyer so take my opinions with a grain of salt...
If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999.Now I have not one but two 100% ratings, a TDIU and 4 SMC awards ! I say JUST GO For It
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.
Question
Richard1954
Can anyone tell me if they know of any awards based on CUE for Housebound under the Bradley v Peake ruling?
I submitted my CUE indicating that the VA never considered Housebound based on my TDIU for a single issue and a separate 60% rating
I argued to the BVA on the 20 Apr 2018 that because two separate Gen Counsel Opinions were in effect (and conflicted with each other, ) at the time of my TDIU award, that Housebound was not considered.
The BVA Judge seemed to be intrigued with my argument, and even indicated it was a well though out appeal.
I know the argument being used by the VA is that the change in interpretation of a law does not allow retro compensation base on the bradley v peake decision, unless you have had the claim in prior to the Bradley decision
Those of you familiar with Bradley v Peake know that the VA tossed out Gen Counsel Opinion 6-99 but kept the GCO # 2-94 and the regulations in place. I argued because the va had two conflicting opinions, that Housebound was never considered resulting in a CUE
Of course the Regional Office denied the appeal because they said the change in interpretation of a law does not allow retro compensation, and therefor there is no cue.
Thank you for and response
I am not a lawyer so take my opinions with a grain of salt...
If I had listened to the nay sayers, I would never have acheived any ratings after I was awarded TDIU in 1999. Now I have not one but two 100% ratings, a TDIU and 4 SMC awards ! I say JUST GO For It
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.” -Albert Einstein.
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