Jump to content
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
Waffles

Unemployability Moot

Question

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? 

Share this post


Link to post
Share on other sites

Recommended Posts

  • 0

can you elaborate on your statement about "you need to ask your VSO if your filed the IU fast letter & if they will award IU then bradly v. peake would apply"?

Share this post


Link to post
Share on other sites
  • 0

File an appeal.  Period.  The VA needs to consider you for (2) types of housebound:  Statuatory and housebound in fact.  

Based on what you posted they considered ONLY statuatory housebound (100 plus 60).  There is another way to get housebound, it is because you are substantially confined to your premises FOR WORK.  READ this: 

https://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

Share this post


Link to post
Share on other sites
  • 0
6 minutes ago, Waffles said:

can you elaborate on your statement about "you need to ask your VSO if your filed the IU fast letter & if they will award IU then bradly v. peake would apply"?

The United States Court of Appeals for Veterans Claims (Court) has noted that VA has a "well-established" duty to maximize a claimant's benefits. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); AB v. Brown, 6 Vet. App. 35, 38 (1993); see also Bradley v. Peake, 22 Vet. App. 280 (2008). This duty to maximize benefits requires VA to assess all of a claimant's disabilities to determine whether any combination of disabilities establishes entitlement SMC under 38 U.S.C.A § 1114. Moreover, VA has a duty to fully and sympathetically develop a veteran's claim to its optimum, which includes determining all potential claims raised by the evidence and applying all relevant laws and regulations. Moody v. Principi, 360 F.3d 1306, 1310 (Fed. Cir. 2004).

Share this post


Link to post
Share on other sites
  • 0

  YOU QUOTED''then I requested unemployability; they declared unemployability moot and granted me 100% P/T and my disabilities changed to this'': 

Did you specifically file a claim for IU ?  Not just Request it...    

 you have to file for IU  ===== Just a request for IU  Will not fly  it has to be filed for.

''can you elaborate on your statement about "you need to ask your VSO if your filed the IU fast letter & if they will award IU then bradly v. peake would apply"?

 Yes Mam ,the VSO might have filed for the IU on your behalf...  you need to ask him/her  or get your C-file and look.

If you were IU then this would change the way your rated and should be inferred to the SMC S

Share this post


Link to post
Share on other sites
  • 0

Thank you everyone. I will continue to fight the good fight. Like I stated above... I did appeal and the BVA denied my appeal as well.  I haven't got the denial letter from the BVA as of yet but I'm sure its the same jaw jacking the RO gave me. I know that I deserve and qualify for SMC s but how I get it or fight for it is beyond me. I even put in my appeal Buie v. Shinseki and argued Housebound inferred over housebound 100 plus 60 to no avail. The beat goes on......

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

  • Ads

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines