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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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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

 

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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/

 

 

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Ok I stated that I was granted aa

I also stated that I am receiving in home care provide by vha home maker program to keep me in my home not a nursing home. Part of my record

I also explain that I have loss use of hand an upper extremity can't tie shoe make a fist all part of my record. An in home care plan

Remember when u stated smc should b inferred so why was I told to apply for each o r r1on reconsideration.

 

Is this not a remand

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No, this is "not a remand", at least according to your posts.  You indicated it was a "RECONSIDERATION (bva)", not A REMAND.  There is a big difference between a remand and reconsideration.  

NO, we dont have access to your records.  If you post stuff in different posts, it should not be surprising that you need to repeat your statements.  

You are in a very tough situation:  On one hand, you are telling the VA "you can represent yourself at the CAVC" but, on the other hand, you are telling the VA you can not do the very basic things for yourself, such as feeding yourself, bathing, dressing, etc.  That is likely gonna be a tough sell.  THIS is a major reason you need great represention, such as a lawyer.  

 

According to CCK law website, R1 is the level if you need A and A:

https://cck-law.com/blog/aid-and-attendance-benefits/

In part: 

Quote

There are many different “levels” of SMC used to clearly define the additional compensation to which a veteran is entitled based on their service-connected medical condition(s). The SMC level for veterans requiring regular A&A is SMC(r); this level of SMC is split into SMC(r1) and SMC(r2):

  • SMC (r1) is given if the veteran’s aid and attendance can be performed by non-medical professional, such as family member.
  • SMC(r2) is given if the A&A required must be performed by a licensed medical professional, or by someone working on behalf of a licensed medical professional. To qualify, VA must determine that the veteran would otherwise have to be hospitalized, placed in a nursing home, or otherwise institutionalized if they did not have access to in-home care.

 

 

 

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