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:
- Veterans with a 100% schedular rating can still pursue TDIU for a single disability to potentially qualify for SMC.
- 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:
- (1) Bradley v. Peake, Case No. 07-14449 | Casetext Search + Citator
- (2) 1231608.txt - VA.gov
- (3) 1636428.txt - VA.gov
- (4) Bradley, No. 06-1854 (Vet. App. 2008) - Justia Law
- (5) Housebound based on CUE & Bradley V Peake
- (6) Bradley vs Peake and TDIU moot - Veterans Benefits Network
- (7) 1222627.txt - VA.gov
- (8) PDF Rice-1445.pdf - U.S. Court of Appeals for Veterans Claims