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Mr cue

First Class Petty Officer
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Everything posted by Mr cue

  1. I did the a cue claim and got tdiu granted 1993-2001. The bva decision for extra schular tdiu up top. It posted I am now base my smc claim that was just remand by court. On this. Read it all tht evidence and smc was never inferred by the bva decision. Smc is when did the evidence show and why didn't va inferr it then. Lol
  2. U might can but u would have to cue the old decision. If the va just send you a letter increasing u form o to 50 as u say an stated because they found a old comp exam an based on that An made it effective that dated of letter. There your cue. At the least they will tell u what comp exam an date of it. Or make it effective the dated of comp exam. Smc is different the va is to inferr it. If they don't and u apply it effective by the record.
  3. the court just remand my case to address the effective date of award of smc s and l . I post the cavc remand Smc is a inferred issue. It is based off your record. Not when u apply. I believe if the va granted a veteran tdiu one condition and never inferred smc s confine to home .And than u apply 10 years later. And they granted it from when u apply. I didn't have to cue it I appeal it to court and they have remand it to be address. January 29 2021.
  4. Yea I also been looking at howell v nicholson. Which address the peremently housebound. One condition tdiu. I have been tdiu 25 year but smc was never inferred. For been confined to my home. 6 year ago me and ex broke up I need in home care. Va put me in home maker program. 3 days a week tho smh I apply for smc 2018 bva grants smc s and smc l but effective from when I apply. Never address my history Bva never inferred smc r court has just remand it to I receive in home care higher level care smh I am using this for smc r remand you no longer have to be
  5. Yes everybody stuck on the extra 60. But been permanently housebound is not been able to leave one house to make income. Didnt have to due a cue because smc is a inferred issue and should be base off your record. Based on the bva apr 2012 decision I should have been granted smc s but it was never inferred. V.ii.2.H.10.f. Determining Whether the Veteran Is Substantially Confined for Housebound in Fact Entitlement A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premis
  6. I was granted tdiu 60 pt 2001 smc was never inferred. I did the cue and that the extra schular decision which also granted elbow 20 1993-2001. Smc never inferr I apply for smc benfits 3 years ago bva granted 3 month of smc s and smc l bvA never address my history I appeal to court the court just remand the effective dated smc s and l. And the board never smc r remand by court. I believe that smc s should have been infferd 2001. Tdiu 60 one condition. Permanently housebound I believe smc s should have also been inferred by the 1993-2001 extra schular tdiu granted.
  7. Ok I just been getting set for my cavc remand. Not going to post it's in one of my early post. the bva docket 09-19-043. This is the 4-2-2012 extra scheduler tdiu decision I never look at it on bva site. there were 3 decision made under this docket Well the court remand my case to address effective date of smc l and s. I believe this bva decision should be used as my effective date. They never inferred smc by this decision. V.ii.2.H.10.f. Determining Whether the Veteran Is Substantially Confined for Housebound in Fact Entitlement A housebound in fact det
  8. Note: Prior to enactment of PL 96-12, a Veteran had to be entitled to SMC under 38 U.S.C. 1114(o) in order to establish entitlement to SMC under 38 U.S.C. 1114®(1) and 38 U.S.C. 1114®(2). You.ii.2.H.9.d. Processing Claims for Entitlement to a Higher A&A Allowance Under 38 U.S.C. 1114(r)(2) Follow the steps in the table below to process claims for entitlement to a higher A&A allowance under 38 U.S.C. 1114(r)(2). Step Action 1 Does Does the claim include evidence showing that the Veteran • requires ongoing daily skilled care, and • in the absence o
  9. Man my cases end at the court January 30 2021. Now I am not see anything va.gov bva telling me they dont see the remand Cavc has now closed the cases. Guess I am just in a waiting game for some one to say there working the remand. Smh
  10. This is the first cavc remand and I am hope I don't end up on the hampster wheel. I am wait on the letter to see who working it. But at least it a remand and reverse so I will see how it go
  11. This is the cavc remand 19-09-416 bva decision 09-19-043 bva decision which I feel should have inferred smc. I am posting maybe I will help somebody. Self-represented veteran appeals a January 30, 2020, Board of Veterans' Appeals (Board) decision that granted entitlement to special monthly compensation (SMC) at the housebound rate and based on the need for regular aid and attendance and assigned May 9 and July 17, 2018, effective dates, respectively. Record (R.) at 3-11. 1 The Board also found that it did not have jurisdiction ove
  12. So it been a yr since it got back from court smh. I was at the court 2010 but don't remember the timeline till it was granted
  13. Got a ? How many have hire a lawyer for the cavc remand. An if your case was send to ro or appeal management with a lawyer. An timeline it took. Think about give up the 20 percent I am tired. An I feel lawyer will get right on it for the 20. There is no need to drag like court with 60 day stays to get paid hourly Just try to get info
  14. Yea I get the remand but the reversal and the sit a side I am loss a little. I just hope it go back to ro not appeal management get tried of fight these ppl
  15. Upon consideration of the foregoing, the portion of the January 30, 2020, Board decisionfinding that Mr October 2018 NOD did not encompass that portion of the July 5, 2018,rating decision granting a 70% evaluation, but no higher, for a psychiatric disorder is REVERSEDand the matter is REMANDED for further adjudication; the portions of the January 30, 2020,Board decision denying an effective date before May 9, 2018, for the grant of SMC and entitlementto SMC in excess of the housebound rate, from May 9 to July 17, 2018, and at the aid-and-attendance rate from that point are SET ASIDE and the ma
  16. 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
  17. 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
  18. 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
  19. 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.
  20. 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
  21. 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
  22. 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
  23. 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.
  24. 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
  25. 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
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