? Tdiu 60 one condition

[Mr cue]

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

Oh an last thing I got the rba there are over 7 request about try to reduce my rating. During this smc process.

That why I wait till I was 25 yrs protect before I made the claim lol  they can reduce anything.

That why there try to change my tdiu to the other condition. It's not legal tho it will be vacated

 

[broncovet]

Ok.  I think you said you had an attorney, which, of course you need at the CAVC.  There is almost no reason to go to the CAVC without an attorney because, regularly, the EAJA awards attorney fees to the Veteran when he wins OR EVEN gets a remand at the CAVC.  

You see, when a Vet wins at the CAVC level (or even  a remand), this means the VA, including the BVA made errors on the Veterans appeal "against the Veteran".  

US Supreme Court Justice, Roberts, was "startled" to discover the VA takes a position "against the Veteran" which is "substantially unjustiifed" about 70 percent of the time.  I did not make this up:

https://legaltimes.typepad.com/blt/2010/02/roberts-startled-by-government-errors-in-vet-cases.html

THIS means if a VA employee (or a VSO) tells you that you will lose, its wrong 70 percent of the time.  After I understood that, I kept on going until I won everything I asked for, including an EED. 

 

Edited November 12, 2020 by broncovet

[Mr cue]

Well I have a different take on that 

Back year ago before I apply for tdiu .

I try to get a vso to do my claim told me there is no way u go from 10 rating to tdiu 60. I did it myself and was granted tdiu 60.

I continue the appeal find out va never cretifed my appeal to board from service.1993.

But they didn't want to grant tdiu 1993.

Got lawyer get to court I told him my case. He didn't want to list my issues.

He has his own he feel would help me got him to put my issue in the brief. 

Court reject all his issues but remanded mine an bva grant tdiu 1993.

If I spend 25 year reviewing my case I feel good with my self.

Got my case expidate at cavc myself never seen a lawyer do this because they want all those 30 60 day delay s

As u said they get pay to prolong your cases

I do not say everyone can do this u must no the law cases an cfr.

I think I could be a vso I got 25 yrs experience lol

[broncovet]

VSO's dont represent Veterans at the CAVC.  Sometimes, they refer you to an attorney.  DAV often hooks you up with NVLSP, who does not charge Veterans.  (NVLSP is non profit).  

You posted:  

Quote

Got lawyer get to court I told him my case. He didn't want to list my issues.

He has his own he feel would help me got him to put my issue in the brief. 

Court reject all his issues but remanded mine an bva grant tdiu 1993.

Its unclear what you mean, here.  Let me try to rephrase what you posted:

Im having difficulting understanding what you mean.  You said the lawyer "put in your issues", but they got rejected, but then you said the court rejected HIS issues but remanded "yours".  

First you said "your issues got rejected", but then you said "HIS" issues were rejected, but not YOURS.  

     Its incredibly important that you have excellent written (and verbal) communications skills as your own attorney.  And, that your arguments are persuasive. 

My source:  I have represented myself at the CAVC (in a Writ of Mandamus).  Altho my Writ was denied (99 percent of Writs are denied), the writ accomplished its purpose as the VARO sent me a favorable decision letter about 2 months after the Writ was denied.  

[Mr cue]

You are very right vso don't repesent at the court but have u every had one tell u there not put in your claim. I have in 2001

no I don't have a lawyer an I chose not to I lose I can reapply for smc benfits again.

But ppl need to look at the 2nd way to smc s there are a lot of total & permeant tdiu veteran who are confined to there house.

Confine has been look at. it is not been able to leave your home to make income.

that it but board never address this on any decision it tdiu 60 60.

every case is remand an never make it back to court. They don't want court to rule on this.

howell v nicholson is a remand never to be seen again because they granted it

this is my thing an I refuse to let anyone to let any of my issues to be abandoned.

have u seen that at cavc

[broncovet]

Yes, I have seen it.  When the Board adjuticates "issue A" but does not adjuticate "issue B" then issue B is "deemed denied".  

Here is one which they called "abandoned":  http://www.veteranslawlibrary.com/files/CAVC_cases/2011/Evans2_08-2133.pdf

My cavc search for "deemed denied"  (you must put the quotes in or it seperates "deemed" and "denied"), came up with 82 cases.  Feel free to read those, or ignore them, at your discretion.  

http://search.uscourts.cavc.gov/isysquery/5e176279-4827-4830-a139-1be3633e01b2/21-30/list/

I dont like "deemed denials", they seem to fly in the face of 38 CFR 3.103, which says that every Veteran is entitled to a written decision on his or her claim. https://www.law.cornell.edu/cfr/text/38/3.103

Berta and I have had a conversation on case law on deemed denials.  (She has a more recent VBM than I do.)  Its harder, now for CAVC to "deemed deny", as the Veteran is supposed to be able to know that his claim has been denied, that is, if I recall our analysis of this topic correctly.

       What does your "Veterans Benefit Manual" say?  You certainly should have one of those if you are pro se at the court.  Berta has the new one, mine is I think year 2014.  A VBM manual is available through Lexis Nexus, and they are "about" $224.  https://store.lexisnexis.com/products/veterans-benefits-manual-skuusSku12734     It has detail case law analysis, and would save hundreds and hundreds of hours of case law research that YOU need to win your claim.  I would not consider Pro Se representation at the court, without a VBM.  

 

[Mr cue]

No I am not even talk about bva not addressing issue.

If the lawyer doesn't feels what you are saying and it isn't put in the brief

The court will see the issue but will say it is abandon because it not in the lawyer brief. So many lose issue  it can go either way

Now if u do it your self the court will not abandoned the issue 9 out of 10 because they read pro se briefs different my opinion