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By 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
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 Appellant's Aug. 12, 2019, Response at 1. The Court will therefore toll the 120-day deadline to file a motion for reconsideration. "
( there are many factors to this appeal)
"The Court will therefore deny the Secretary's motion to dismiss and accept the appellant's November 6, 2018, NOA as timely filed. Upon consideration of the foregoing, it is ORDERED that the Secretary's January 31, 2019, motion to dismiss the appeal is denied. It is further ORDERED that the appellant's November 6, 2018, NOA is accepted as timely filed. And it is further ORDERED that within 60 days from the date of this order, the Secretary shall serve a copy of the record before the agency on the appellant and shall file notice of such with the Court. DATED: June 4, 2020 PER CURIAM. GREENBERG, Judge, concurring: I join this unanimous opinion because it is beneficial to the claimant. I maintain that I disagree with the Court's current framework for an equitable tolling analysis."
(I am sure all advocates would disagree as well.... maybe those regulations might change...?)
Unfortunately that still leaves the claimant with problems.The US CAVC cannot accept new evidence, and the BVA reconsideration request she had filed was denied.
This situation could affect any veteran who appeals to the CAVC.
The basis of her appeal was that the RO would not accept her as the legal widow of the veteran., regarding her DIC claim.
The BVA reconsideration denial decision is not identified but maybe I can find it.
The important thing here is how the CAVC handles an untimely NOA.(Notice of Appeal CAVC)
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 received my monthly disability checks with no issues.If anyone can offer opinions about this that would be great.
I looked just a minute ago on VA.Gov and see that the claim has now been closed. The purpose of it was listed as Verification of separation pay amount (New)..Does that mean anything to anyone?
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,
This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.
VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.
Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.
You all made that possible. Thank you.