Housebound based on CUE & Bradley V Peake

[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

 

 

[Richard1954]

Broncovet,

Ironically, in my case the newer OGC  placed limitations on who could be rated Housebound.

No I have not appealed the effective date for A&A. I was not eligible for A&A until I received my 100% award  and then received A&A at the same time because of a statement my VA doctor wrote and placed in my medical records. In the end I was awarded A&A at the L 1/2  due to having a separate disability rated 50% or more.

 

  I am  working on another claim that if approved will result in an increase step award under A&A. But that is for another day. 

 

thanks again for your information.

 

[broncovet]

Ok.  I do "not" recommend letting a year go by without appealing the A and A, if you feel you should have gotten housebound prior to that.  

Filing a nod within a year preserves your effective date.  Dont turn this into a CUE, raising the standardard or review making things more difficult for yourself by failing to file a nod.  You can file a cue anytime, but a nod must be within a year.  

I know of no regulation that says you can "not" file a cue and a nod simultaneously.