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Unemployability Moot

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Waffles

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Can the VA declare unemployability moot, not mention it all and then come back on appeal and state that if they would have declared unemployability they would of used specific SC disabilities? 

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  • HadIt.com Elder

you need to watch this  because

It would appear that Bradley vs Peake would warrant any Veteran who was recently awarded 100% Scheduler (but denied TDIU as moot) would want to file a CUE, because, if he were awarded TDIU, he would get an increase of housebound.  

OR I may not be understanding your question?..I've had brain freeze lately.
 

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I filed a CUE the Denver RO denied my CUE stating that they would of used specific SC disabilities if they would have granted me unemployability. I even appealed to the BVA and just got word they denied it as well. I'm extremely frustrated because I know that I should of been granted SMC S under Bradley and back dated to my original retirement date.

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So is it legal for the VA to come back and say what they would of used if they would of granted me unemployability after not mentioning it at all?

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  • HadIt.com Elder

it would help if you can put a redacted copy of your decision on here   so we can see why they denied you   cover name and claim #

(What we Decided) or their( Reason and Bases of their decision.)

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Okay so I guess I'm a little slow. How do I scan or inset something from my desk top? I have been reading this site for years but I have never really utilized the site. So I'm a newbe. I scanned everything onto my computer but how do I san it onto this site? Please assist.

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You posted, 

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Can the VA declare unemployability moot, not mention it all and then come back on appeal and state that if they would have declared unemployability they would of used specific SC disabilities? 

 

 Part 1:

  Yes, they can declare TDIU as moot.  Did they say that in the reasons and bases?  However, I appealed this, and the board agreed with me, saying TDIU is "not moot" because of Bradley vs Peake.

Part 2.  Im not sure I understand your question, but I think you mean that VA would argue you are not entitled to SMC S because of the way they did "not" "use specific disabilities".  

    If you feel entitled to additional benefits, such as SMC S, then by all means appeal.  

 

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