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Showing results for tags 'cavc appeal'.
Found 12 results
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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 -
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
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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
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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
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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
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Ok my ? If you are award tdiu 60 one condition. Should you get smc s under howell v nicholson. You are not able to leave your home for a income. Am I reading this wrong. Cause I have been this tdiu 25 yrs I apply for smc an bva will not address this they keep make decisions based on tdiu 60 plus 60 even change a 25 yrs protect rating to granted two months smc s lol an told it's irrelevant that I been 25 yr tdiu for smc purposes Even stated my tdiu is not base on one condition. You can't get tdiu 60 unless it bases on one condition smh the game's
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I hope I did it right. I just want to get advice and see if anyone see the errors
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I hope I did it right. I just want to get advice and see if anyone see the errors
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Ok I am at the court I get the rba an in didn't include the bva reconsideration or copy of mines. I dispute it over a month ago. Ok my cases got expidate by the court and order va lawyer to answer. Dispute in seven day cases is stay by court. Well va put in a response in 7 days say the court has no jurdistion over a chairman reconsideration. In a nutshell My case has been stop for a month waiting for court to response. Smh expidate cases are to be done in 60 day smh. Ok I apply for smc it get to bva they went crazy. I have in home care got denied smc r get to bva
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Equitable Tolling CAVC case
Berta posted a question in VA Disability Compensation Benefits Claims Research Forum
https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=18-6819&incOrigDkt=Y&incDktEnt This recent decision by the CAVC can help anyone with an issue of Equitable Tolling. The VA had considered the NOA was filed too late.(120 days in which to appeal a BVA decision to the CAVC) The court made this unusual statement: "Although the appellant was evicted from her home on January 21, 2018, she still managed to file her initial motion for reconsideration by February 1, 2018, missing the deadline to file by only 8 days. See Appella -
I looked on my ebenefits today and saw that on a "claim for military pay in lieu of compensation was updated/filed in July" Why would this have been filed? I did not file it, and I did not retire from the service. I did have a case that a Court of Veterans Appeals judge was ruling on and my attorney called me a few weeks ago and said the might be open to reviewing IU for me. Is this related possibly? How? I did get a separation payment when I left the service and the VA withheld all disability payments until is was all paid off. It took about 10 yrs but was satisfied. Since then I have re -
Need help with RBA correction
Lemuel posted a question in VA Disability Compensation Benefits Claims Research Forum
I received the third response from the VA GC to the CAVC order to correct my RBA by replacing documents obviously missing and relevant in the RBA from the hard copy of my Medical File OPTR and IPTR maintained by the Medical Division. Apparently they were just dumped into contract warehouses without adequate record keeping when the VA finally computerized the Progress Notes and Examination Records. The Pharmacy records and Lab records have been computerized since the late 1980s making it evident that there should be accompanying OPTR and IPTR to match that were requested and at one time
