Is This Accurate?

[Okemos_Veteran74]

A VSO recently told me that a particular ruling in a court case had no particular or specific determination on the outcome of my case.

A VSO looked at my case, and noticed that I was only rated at 90% schedular. He immediately commented that since I am not rated at 100% I am not  eligible for SMC s.

I tried to tell him that according to BVA's case tdiu had been interpreted as the same as a hundred percent, but he said "not necessarily".

Law is a complex subject. I would appreciate others inputs on figuring out how to interpret this conversation.

Maybe I got the comment wrong. Maybe that's not what he was saying. I don't want to put words in his mouth either.

 

[Berta]

I think you mean the  Bradley V Peake Case.....

https://www.hadit.com/bradley-v-peake/

Do you get TDIU at 90% for one sole SC disability? That is the key to Bradley and SMC. It has been discussed here many times--- and as recent as last week I think ----------all searchable.

[Berta]

The DAV explains it well on page 4 of this pdf.:

https://www.dav.org/wp-content/uploads/National-Bulletin-1009.pdf

 

[Okemos_Veteran74]

Thank you for responding.