? 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]

I think some people have a misconception of the CAVC.  As an example, if the board awards you 30 percent, and you think you deserve 70 percent, its unlikely that the CAVC will change this decision.  Why?  Because the CAVC is not a "trier of fact", but rather, a trier of the laws.  You see, that decision maker "made a judgement call".  The CAVC does not over rule judgement calls you dont like, unless they find it "arbritrary and capricious".  This is a very tough standard to meet.  Disagreement with the decision maker on your percentage does not make it arbritrary and capricious.  Mostly, in regard to percentages (or SMC levels), the decision maker "calls it".  Sort of like on the football field.  He says its a touchdown.  Some one throws a red flag and disagrees saying the ball player went out of bounds.  "unless" they have it on video, "and the video is convincing evidence" they let it ride.  Only when you can prove, by video evidence  the player stepped out of bounds, will they change the call.  

The VA does not have video.  If you look at the Aid and Attendance...it even says, 

Quote

It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made.

Source: 38 CFR 3.352 "criteria for Aid and Attendance"

What this means is the decision maker "has discretion" if "some" of the criteria is met, whether or not to award a and A.  If you think the decision maker SHOULD have awarded A and A, then you can appeal it to the Board.  But, if the board says no, the court wont overturn that, "unless" its arbritrary and capricious.  For an example, the decision maker could be arbritrary and capricious and say, "we have denied you because you have offensive purple spike hair".  

The law says they "have to go by the criteria", but it you met ONE of the critieria for A and A, that does not guarantee that you will be awarded it..the decision maker has discretion.  

If you appeal a Board decision, the record before agency is "sealed", so that you can not add new evidence before going to the Court.  The court only reviews "what is so stated in the record".  An execption to this is if the CAVC remands..then you may submit new evidence to support your case to the board, for example, an IMO.  

 

[GBArmy]

Great posting by Broncovet

[Mr cue]

Does it sound like I am fight a rating or the law.

I was grant aa. So what is the crertia for higher level r r2.

I think it if a company provides in home services.

I think if u have a doctor stated u need in home care or u will need nursing home care. Mean I should have got look at for smc r r2. Matter of fact by cfr I should of been granted.

Judge expidate my case by point this out smh