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Bva reconsideration


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Here is the bva reconsideration that the va lawyer are fighting the court over jurdistion to review.

Lawyer stated cavc doesn't have the right to review a chairman reconsideration because the decision was made after the bva decision.

I can't make this up 

So I guess there no reason for reconsideration and the chairman decision are not reviewable.

Wait for the court decision on just this smh

Look at the last part we're they stated they didn't adjudicated smc I r r1 and told me to reapply lol

U would lose all your cavc review on the issue if u reapply va games

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I think what broncovet meant to say but really didn't know how to say it..I'll give my 2 cents Yes you need an attorney to help you   especially help at the cavc, you do not need to represent you

The BVA "only has jurisdiction" over an issue when YOU, the Veteran gives it to him by filing a NOD.  You can not file a NOD on an issue that has not been decided.  So, no, the BVA "does not have juri

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I think there may be something you may not understand about SMC.  SMC is "always inferred" when you meet the applicable criteria.  Many times the VA grants SMC without the Veteran applying for it.  This is way different than most claims, because you really can not get other benefits "until or unless" you apply.  

    Its important to know this.  Why?  Because the "claim date" does not apply to your effective date.  Yes, you can still apply for SMC, but if awarded, it should be effective "the day when the facts showed you meet the criteria (such as housbound, needing aid and attendance, etc).  

     You should also know, that you can still get Aid and Attendance "if a relative gives you the needed care".   Its not a requirement that you hire a "non relative" to get compensation for A and A.  Source:

https://www.law.cornell.edu/cfr/text/38/3.352  Read the last sentence in this regulation, item (c).  

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If the va never inferred it would u have to apply.

Or are u say va doesn't make mistake.

Appeal are to be cretifed to the board to.

But mine sat for 10 yr without the regional office cretifing it.

So yes it is to be inferred so they why on the reconsideration it tell me to reapply for each.

And I get in home care provide by a company that the home maker program vha pay for not just anybody

That should inferred smc r r2 but I just got told to re apply for each

Now do u see the error

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You asked, 

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Appeal are to be cretifed to the board to

Not any more.  After Feb. 2019, the VA no longer "certifies" a claim to the BVA.  Yes, they probably sat on your claim 10 years and did not certify it.  Unfortuantely, the VA has "no time limits".  One Veteran posted on hadit that he got his benefits after 50 years.  

However, the CAVC has already ruled that "an error in DTA (duty to assist" is not CUE.  

To be CUE, an error has to be "outcome determinative".  So, the VA failing to send you a letter, for example, would not change the outcome, at least as far as the court is concerned.  

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Like I said they never cretifed my appeal in 1993.

The va regional gave me tdiu 60 but never look at that my appeal was never cretifed.

It get to bva an it was found but they didn't give me the tdiu 60 back to 1993.

At the court they let them stage rate me 1993-2001 which I feel is wrong

A dro an appeal body made a decision on an appeal which was open. That make the pending appeal final but any way

It was remand an they grant extra schedulr tdiu from 1993-2001. So I let it go

So now that I am 25 year protect I am fighting for the smc that should been granted back than.

So yes the va makes mistake an lawyer make them to.

So I chose to fight with my 25 yrs of experience in my case an the Court now 

Got it expidate at cavc now the lawyers don't want to court to review the chairman reconsideration. I should be getting a ruling on this soon

 

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    • By Mr cue
      Well yesterday the stay was lift on my case.
      I get to file my brief. 
      This will be the first time these va lawyers will have to answer my cases.
      The Court allowed me also to have the bva reconsideration. Put in the record also.
      The va lawyer try to tell the court they don't have jurdistion over bva reconsideration because they are made after the bva decision. Smh
      If that the case no need for bva reconsideration  it's stop the 120 day time to appeal to cavc so how is it not part of the appeal  process to cavc  to be reviewed
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