Got a ? On my Barkley vs peake cases

[Mr cue]

Ok I just got a statement of case about smc s an attendance got 60 day to va form 9

I have a Barkley vs peake cases that try to claim that my tdiu is based of more than one disability.

2001 dro decision granted tdiu 60% neck nothing else. 

? Why should I send to board an wait 3 or 2 year I can withdraw an claim on Berkley vs pesky an just make them look at decision with a cue. 

I just apply for smc an a&a not bases on Barkley case  

Its not a effective date thing it's when I became eligible right? Which would be 2001. 

Copy of the bogus soc decision stating my tdiu is based on my neck an elbow which got granted 10 yrs later after tdiu 60% neck

Copy of 2001 decision showing tdiu one condition. Also show my elbow wasn't even service connected.

[Berta]

Buffalo- when I was in ebenefits it said I had 53 historic issues with them.

They gave me a lot of crap, I got a double DRO review under a IRIS CUE I filed.

My useless state vet rep went to the second review- they had not considered 4,000 bucks of my IMos.

The double DRO review got me the same DRO who did the denial and she handed the IMos back to my rep saying she could not read them.

I asked the rep if he got them into the record but he didn't answer- he said at least I got you another posthumous C & P exam.

I asked him if the DRO could not read the IMOs how can she possibly read the results of a C & P exam.

I could have cued them again but had enrolled into AMU to finish my degree and I KNEW the BVA would award the claim and they did.

I have named their Director and another person in my OAWB complaint and someone else , a veteran who deals with them, has written to the IG and is filing a WH complaint against their director. She called me twice to believe something that was ridiculous and it proved to me she does not know basis VA case law.

Buffalo also tried to make up a regulations to deny my SMC CUE, and when I asked them to produce it they didn't respond.They withheld probative evidence I had for my wrongful death case, withheld it from a C & P doctor as well as the Office of General Counsel. The last C &P I got was so ludicrous, (I won with a CUE 3 weeks later)that I am waiting for a copy of the actual signed exam.

I got a call from the local VAMC the other day asking me about the Exam, from info he got from Buffalo.

He said why do you need the exam? I said because I do not believe anyone with a medical background wrote-I think the director's VSO shill wrote it.

The Buffalo VARO made so many errors on my dead husband's issue ( not to mention that they killed him as well(FTCA.1151) that I told the OAWB I consider myself as having been targeted by them for the past 25 years.

It was never a question of not having the evidence- and I finally won all those claims.

Remember, anytime you get something from them, if there is an alphanumeric on the letter, that holds the initials of the last person who signed off on your claim decision.

I always make sure I used those initials in my past more recent CUEs.As Attention to.

That is one reason why my last denial became an award under CUE in 3 weeks.

 

You WON a CUE in the past- so be confident that you can do that again.

 

 

[Buck52]

Did you recieve IU in 2001 because of your Neck disability?

at 60% that is possible to recieve IU under the 4.15

4.16  (a) &(b)  Extra Scheduler) if it keeps you from doing any type of employment.  this is what IU is for.

IF I am understanding your question ? you filed for SMC based on your 60% SC for your 60% Neck Injury/Disability? back in 2001 and your thinking they should have inferred the SMC Back then and also the EED should go back to 2001 correct?

if so  Unfortunately this don't  qualify for the SMC.

you need an additional S.C. Disability separate & distinct  from your original S.C. disability  rated at least 60% and this is based off your  2001  IU at 100%. or combined rating YOU HAVE NOW OR WAS S.C.. for it back in 2001.

   if a veteran gets IU lower than the 100%  and bump up to IU because of his S.C Disability keeps him from working  then  your basically consider to be 100% Although you may have a rating of 60%  70% 80% or 90% that keeps you from reaching the 100%

However I am not sure I understand what you are asking?

other members please chime in.

Edited April 10, 2019 by Buck52

[Richard1954]

It sounds to me like your applied for Housebound SMC S,  and it was denied.  You now want to know if under Bradley V Peake you would qualify for Housebound SMC S. Since you only have a single 60% rating you would not qualify for  Housebound under Bradley v Peake, as you would need  to be rated unemployable based on one 60% disability and have an additional unrelated 60% rating. 

it appears your already rated Unemployable based on the letter you posted, and you only have one rating of 60%. so again you do not qualify for Housebound based on bradley  v peake. You could argue the actual need for housebound , but you would need to back up the request with medical records and doctors statements indicating you need housebound.

[Buck52]

well if he is 60% combined rating or  just 60% for Neck Injury  or diesease   

I heard through the grapevine  that when they infer the IU  because of his S.C. Disability  AND CAN'T LEAVE HOME FOR WORK   then he  is actually house bound  by way of IU 

So it is possible to get SMC S H.B...

Elder member/Moderator broncovet is knowlegable about this.

 

[john999]

This is tricky.  I got HB based on Bradley V Peake.  I had 70% IU and then got another 60%, but the VA did not immediately grant HB.  I had to file a CUE to get it.  I think if you can prove that you are, in fact, housebound due to your combined rating of 60% then you may be able to get HB "S".  You will probably have to fight for it.

[Mr cue]

Ppl I think have Barkley wrong the case is va didn't take iu as a 100%  rating plus 60. For smc s. Court stated if iu is base on one condition it smc s. U can't really get iu unless your 60% but it can be combined u cant get smc s

So they try to say mines is base on more that one condition. Mines was base on one condition.

That why on soc they say my iu was base on neck an elbow.

But the decision 2001 stated 60 iu for neck nothing esle

Elbow was grant 8 yrs later smh

So dro put my elbow was part of my iu just to hold up my benefits an they try to tell me I have to send it to board.

But I stated I was never give a dro hearing so my case cnt get send to bva till the hearing.

Than I am goin. Modern appeal way

My ? Tho I thing I could just cue the decision an they have to do it right.