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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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The games will not stop smh


Question

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 the don't even address it. An my case was expidate at the board because my need of help. Granted smc l lol

Do the bva reconsideration told the bva didn't adjudicated smc r r2 an the chairman doesn't have jurdistion over the issues. Lol told to re apply for each. I can't make this up

Get to court now va lawyer State the court does have jurdistion to review a chairman reconsideration.

An there is no error because I can appeal to court.

Wait didn't they tell me to reapply on the decision to lose my cavc review rights. Lol 

Now it wasn't an error we wait

 

Ok last thing I got grant tdiu 60 one condition back in 2001 than was granted extra schedule tdiu from 1993-2001. But for 25 year never been inferred smc.

Housebound howell v nicholson never left my house to make a income.

Get to board your tdiu is based off all condition. Wait how what rating code for other condition never answer straight to court lol.

I have loss of use this is why vha pays for in home care. I had a comp exam which stated everything.

 

Bva the doctor must of been mistake because she address both right and left upper so by english language it can be said u have lose of use.

I can't make this up just venting again

 

 

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Did your lawyer ask for a reconsideration to the BOARD?  It would seem  to be in the Veterans and his representatives best interest to appeal a board decision, timely, to the CAVC, rather than ask the board to reconsider its decision, in no small part because, at the CAVC level, EAJA pays the fees, while at the Board level the Veteran is responsible for his attorney fees.  

I can see, however, an instance where asking for a reconsideration would be better:  When the "factual findings" in the board decision are in dispute.  

The CAVC almost always "leaves the factual findings made by the board" in place EXCEPT if the CAVC finds the factual findings "arbritrary and capricious".  I like this explanation to explain "arbritrary and capricious".  

Quote

We (the board) have decided to deny this Veterans benefits because he appeared with an offensive spiked purple haircut.   

That's arbritrary and capricious.  "Purple hair" is not one of the criteria for denial of any Veterans benefits, so citing that reason is arbitrary and capricious, as the Board must apply the criteria, not make up the criteria.  

Normally, the court "leaves in place" the boards factual findings.  However, if a medical examiner stated that it was at least as likely as not this Veterans condition was related to military service, the Board would need a good reasons and bases to deny him.  A good reason may be something like:

    

Quote

While the Veteran physician, Dr. P, provided a nexus statement, another of the Veterans physicians, Dr. J, denied any relation to service.  Since Dr. J treated this Veteran over 10 years, this exam was more thorough and determined to be probative.  Therefore, the board denies SC based on Dr. J's negative nexus as the board determined Dr. J's exam to be more thorough.  

      In this case, the CAVC is unlikely to change the Boards factual findings.  However, if the board had not give a well reasoned out reason for selecting one doctors opinion over another, the CAVC would likely remand for an opinion (c and p exam) to resolve these differences.  

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Here it is u apply for smc r an other because I get in home care.

It's denied smc r an other at va level from level.

I nod I get a bva decision granted smc l they don't address the smc r

I do a bva reconsideration  they stated the bva didn't adjudicated smc r r2 so they don't have jurdistion over the issues.

Now smc is to b inferred or bases on my record.

My cases was expidate at bva because on my home care.

They have the company plan that does my in home care an the va hospital pay for the services lol

Now I am at the court now I also got my case expidate.

Now va lawyer is fighting the court from reviewing the chairman reconsideration. Lol this has nothing to do with the case

This is a dispute of the rba I am doing and have been doing this my self

 

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Just my opinion I have been fighting my case on an off 25 years.

Hadit is great my old name was yulooking. I won a cue that grant me tdiu.

Now after all that never I was look at for smc back than but was granted extra schedulr

Now I am fight for my smc benfits yes I wait until I was 25 year protect tdiu they are losing there mind lol

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    • By Mr cue
      Upon consideration of the foregoing, the portion of the January 30, 2020, Board decision
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      I will post whole decision soon thank everyone for listening to my venting
      the fight go on but at least they got take it serious now I hope smh
       
    • By Mr cue
      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
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      [R. at 1131-32; 414-18; 351]; see also App. Brf. at 2, 3, 10, 14. Thus, remand is 
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      1
      Finally, remand is warranted for the Board to provide an adequate 
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    • By Mr cue
      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 effective date. But not a word on my howell v nicholson issues. We will see what the court say 
      They are asking for remand of smc l effective date.
      They didn't address loss of use denial guess the judge will address 
      They even vacated the I didn't appeal my mental health 70 rating.
      The bva decision stated it total but I did appeal it so they didn't rate it smh 
      As I am writing this it seem I really won my cases guys.
      It going to stress me out waiting for the judge to rule lol 
       
       
       
       
       
       
       
       
       
       
    • By Mr cue
      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.
      Only thing I am think about letting it go to the judge anyway they don't address my loss of use or the denial 
      Might let it go no sure yet
       
       
       
       
    • By Mr cue
      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 
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      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.
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      Which was congress intent by howell v nicholson 
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      I am pointing this out because I don't see tdiu veterans get smc s with there decision. Under been permanently housebound. The 2 way to smc s 
      And congress and court has stated housebound.
      Is never been able to leave home for income. Not that u can't move.
      Every bva decision I have look at on smc s never address this it always tdiu 60 60. So I press the issue.
       
      they have 20 days not the 60 days to put it in there brief and I have 7 to reply. Then off to the judge.
      Case was expidate at cavc due to my need of in home care.
      Board expidate the case also for this.
      But didn't address my need of in home care in the bva decision I can't make this up lol 
      I have the doctor note stating without in home care I will need nursing home services.
      From va hospital witch pay for the in home care.
      Would u believe I am been told the board doesn't have jurdistion on smc o r1 r2 and to reapply lol on the decision
      Which if I had reapply I would of lose my cavc appeal rights on this issue. They try to put me on the hampster wheel.smh
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      Ok I am done i be needing to vent lol
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
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