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HadIt.com Anniversary 24 years on Jan 20, 2021 ×
HadIt.com Anniversary 24 years on Jan 20, 2021

Mr cue

First Class Petty Officer
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About Mr cue

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    E-5 Petty Officer 2nd Class

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  1. This is the only way to copy it but I would think I won. I think there saying I can bring up the smc s howell v nicholson and they must address it this time. I could be wrong. It's still going to the judge we will see Partial vacatur and remand of the Board decision are warranted First, remand is warranted to the extent that the Board’s decision failed to address Appellant’s arguments about entitlement to higher levels of special monthly compensation (SMC). Robinson v. Peake, 21 Vet.App. 545, 552 (2008) (providing that the Board is required to address issues r
  2. Ok this is what I get from the conversation. They are ask the judge to remand and vacated some issue. Now they didn't address all issues. I put in my reply brief but now they got 7-12 days to get my record proceeding to the judge. Even told me I could be over by the began or middle of February. Lol we see When there brief comes in mail I will be able to post. Ok it seem to me if u didn't fight anything I said in my brief. And now the judge has to look at what we both said in our briefs It should be a good decision. I am hoping They ask for remand for smc s ef
  3. Well today was the day for the secretary brief on my case. I look at the secretary brief it is asking for a vacated and partial remand To address effective dated for smc and smc r and o and to rated my mental health it 70 and they told me I didn't appeal for the total rating. After doctor report and comp exam stated total. The effective date remand doesn't address howell v. Nicholson lol Guess there going to granted it to never be percented. Like they did howell it was a remand. We will see lol I am a little old I ain't been able to upload it yet. On
  4. When they send u a letter stating u can submit new evidence. This will let u no who is working it the appeal management or the regional office. I would send a statement than asking and telling them u are 75. This will advance your cases ask lawyer to write the letter if that make u feel better. DNT just think they will automatically do it. It should have been advance now by your age.
  5. Yea they have been fighting me on this even used a false statement to not address it. That my tdiu is based on all my condition. Lol But I was grant tdiu 60 rating code 5293 There are only two ways to tdiu one condition 60 or 40 with a combine 70. I only got 60 on the decision now that I claim smc s it's a combine rating lol I got granted 70 ptsd and they grant 2 month smc base on the tdiu 60 60 But never address the permeant housebound. And change a 25 year protected tdiu rating to my new ptsd 70. Smh and used bluie cases. It doesn't address change a 25 year p
  6. Man this is more stressful then went I fought for tdiu. 2000 In my brief I point out that the board has only use the tdiu 60 60 for smc s And never address that I am permanently housebound which is the other crertia for smc s Iam pt tdiu which means I will never leave my house to make income. And have not in the 20 years of tdiu The board never address the many employment verification and income statement that are part of my record and are given to veteran tdiu. I put this showing the board is aware that I never have or will leave my house for an income Which
  7. Well yesterday the stay was lift on my case. I get to file my brief. This will be the first time these va lawyers will have to answer my cases. The Court allowed me also to have the bva reconsideration. Put in the record also. The va lawyer try to tell the court they don't have jurdistion over bva reconsideration because they are made after the bva decision. Smh If that the case no need for bva reconsideration it's stop the 120 day time to appeal to cavc so how is it not part of the appeal process to cavc to be reviewed Can wait to see what court rule on this
  8. We're did I every state any of that Like I said if ppl choose to focus on that u can only get smc s with tdiu 60 60 or 100 60 60 which ever way u choose to state it ok there is also away to smc s not been able to to leave your house confine to your home. Which ever way choose to state it Now If u get tdiu one condition which is pt your condition is going to improve. It's permeant and total. Now u have tdiu which show u are not will not have not been able to leave your house to make a income. U have to do income statement an work statement every year or now an than.
  9. Ok there is also an other way to smc s it call been confine to your home. The court in Howell v nicholson has not been able to leave your house for a income. Ok so if u get tdiu by the record and court u are confined. U should be inferred granted what ever u want to call it. Now if the va don't do it an base everything on the tdiu 60 60 thing u can press the issue. I am at the court pressing the issue. The way I see it. Howell v nicholson has nothing to do with tdiu 60 60 That all I am saying
  10. Ok I am fine with everyone opinion that what I post for to see different avenues. Like I said tho I have been a member of hadit since 2000. Yes It has help me a lot. 10 to 60 tdiu thanks to the info on hadit. I think u have the cavc wrong tho u dont appear there. An no I don't want a lawyer for this ride. I am doing just fine by my self got my case expidate. Just got the bva reconsideration as part of my case so the judge can address it Last one min it is to be inferred by the record next u have to apply for ever smc Last if the record show everything I have st
  11. Ok if the board didn't inferr or address the need of higher level of care when the record show it u do a reconsideration. If the chairman on reconsideration tell you u have to apply for each smc so they don't have jurdistion. That is a error. To tell me all my disability were included in a smc l award is a error U don't grant smc l and use a professional in home care plan as the effective date but not adress the need of higher level of care. That an error. Which on bva reconsideration should have been send back to be address That why the va lawyer at the
  12. Ok I stated that I was granted aa I also stated that I am receiving in home care provide by vha home maker program to keep me in my home not a nursing home. Part of my record I also explain that I have loss use of hand an upper extremity can't tie shoe make a fist all part of my record. An in home care plan Remember when u stated smc should b inferred so why was I told to apply for each o r r1on reconsideration. Is this not a remand
  13. Ok let talk law On reconsideration it stated my aa included all condition. Law is condition should not be lumping them together for smc oneerror Stating I have to apply for each smc is it to b inferred by the record. They only adress the time from me applying smc is to b base of the record. I had 5 comp exam 2 deferment an specialize exam all for smc benfits were cfr state not to do this isnt this develop to denied. Stating that smc l is a catch all benfit were is that stated. I have more to
  14. Does it sound like I am fight a rating or the law. I was grant aa. So what is the crertia for higher level r r2. I think it if a company provides in home services. I think if u have a doctor stated u need in home care or u will need nursing home care. Mean I should have got look at for smc r r2. Matter of fact by cfr I should of been granted. Judge expidate my case by point this out smh
  15. Like I said they never cretifed my appeal in 1993. The va regional gave me tdiu 60 but never look at that my appeal was never cretifed. It get to bva an it was found but they didn't give me the tdiu 60 back to 1993. At the court they let them stage rate me 1993-2001 which I feel is wrong A dro an appeal body made a decision on an appeal which was open. That make the pending appeal final but any way It was remand an they grant extra schedulr tdiu from 1993-2001. So I let it go So now that I am 25 year protect I am fighting for the smc that should been granted back
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