Bva reconsideration

[Mr cue]

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

[broncovet]

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).  

[Mr cue]

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

[broncovet]

You asked, 

Quote

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.  

[Mr cue]

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

 

[Mr cue]

Ok let talk law

On reconsideration it stated my aa included all condition.

Law is condition should not be lumping them together for smc 

oneerror

Stating I have to apply for each smc is it to b inferred by the record.

They only adress the time from me applying smc is to b base of the record.

I had 5 comp exam 2 deferment an specialize exam all for smc benfits were cfr state not to do this

isnt this develop to denied. Stating that smc l is a catch all benfit were is that stated.

I have more to

 

[broncovet]

To understand what SMC level YOU qualify for, we would need to know:

1.  Which, if any, body parts do you have LOSS of use of, WHICH ARE SERVICE CONNECTED.  Its not enough to have loss of use of a foot, it needs to be loss of use of a foot due to SC conditions.  

EXCEPT for aid and attendance or housebound for PENSION, all SMC's need to be service connected.  

2.  If you need aid and attendance (their are 3 levels), we need to know which level of A and A.  

    The lowest level (SMC L) means that pretty much anyone can help you get dressed, feed you etc.  

     The next higher level of SMC means that you need the care of a nurse, or other medical professional, becaue you have things like IV's or other medical equipment that requires a nurse.  

     The highest level of SMC generally means "not only" do you need a nurse, but to get the highest level, you pretty much need the doc to say that you would other wise have to go into a nursing home, if you did not get this (high level) of nursing care.  

    For you to be eligible for high levels of SMC (beyond SMC L) you need to have significant multiple SC loss of use of body parts, or you are looking to avoid being put into a nursing home.

    Its explained here:  https://www.law.cornell.edu/cfr/text/38/3.350

And here:  https://cck-law.com/blog/special-monthly-compensation-explained/