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Bradley v. Peak No. 06-1854


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Bradley v. Peak No. 06-1854 Summary and Implications

Essential Points

  • The Court held that TDIU based on a single disability can satisfy the requirement for a total disability rating under 38 U.S.C. § 1114(s).
  • This allows veterans to potentially qualify for special monthly compensation (SMC) at the housebound rate, even if they have a 100% schedular rating.
  • The decision overturned a 1999 VA General Counsel opinion that had stated TDIU claims became moot when a 100% schedular rating was awarded.

IMPLICATIONS FOR VETERANS

This ruling expanded opportunities for veterans to receive SMC in two key ways:

  1. Veterans with a 100% schedular rating can still pursue TDIU for a single disability to potentially qualify for SMC.
  2. Veterans with TDIU based on one disability may be eligible for SMC if they have additional disabilities independently ratable at 60% or more.

Example Scenario

A veteran has:

  • 100% rating for PTSD
  • 60% rating for a back condition
  • TDIU based solely on the back condition

Under Bradley, this veteran could qualify for SMC at the housebound rate, whereas previously they would not have been eligible.

VA's Response

Following Bradley, VA:

  • Withdrew the conflicting 1999 General Counsel opinion
  • Updated its procedures to consider TDIU claims even when a veteran has a 100% schedular rating
  • Began reviewing some previously denied claims for potential entitlement to SMC under the new interpretation

This decision requires VA to take a more comprehensive view of a veteran's disabilities and employability when determining SMC eligibility. Veterans previously denied TDIU or SMC may want to consider requesting their claims be reviewed under the Bradley precedent.

Sources:

 

bradley-v-peake-06-1854.pdf


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Tbird
 

Founder HadIt.com Veteran To Veteran LLC - Founded Jan 20, 1997

 

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Time Dedicated to HadIt.com Veterans and my brothers and sisters: 65,700 - 109,500 Hours Over Thirty Years

 

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I am writing my memoirs and would love it if you could help a shipmate out and look at it.

I've had a few challenges, perhaps the same as you. I relate them here to demonstrate that we can learn, overcome, and find purpose in life.

The stories can be harrowing to read; they were challenging to live. Remember that each story taught me something I would need once I found my purpose, and my purpose was and is HadIt.com Veterans.

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