The games will not stop smh

[Mr cue]

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

 

 

[broncovet]

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.  

[Mr cue]

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

 

[Mr cue]

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