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Bva reconsideration

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Mr cue

Question

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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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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Ok if the board didn't inferr or address the need of higher level of care when the record show it u do a reconsideration.

If the chairman on reconsideration tell you u have to apply for each smc so they don't have jurdistion.

That is a error. To tell me all my disability were included in a smc l award is a error

 

 

U don't grant smc l and use a professional in home care plan as the effective date but not adress the  need of higher level of care. That an error.

Which on bva reconsideration should have been send back to be address

That why the va lawyer at the court try to fight it be included in the record before the court

The court just agreed today an now has order the va lawyer to include the reconsideration in the rba record before the agency. They have 7 day from today

Because I am disabled does mean I have no sense. Lol

I can read an type with one hand smh

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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 yourself,   if you are trying to get the higher  up SMC's..... then if you go and represent yourself  well that don't look very good if you show up?  if your able to show up at court  then your able to do other things ...if you can't feed yourself how do you type?  how do you get around  even in a wheelchair  ect,,ect,,unless your telling someone else to type for you such as a caregiver...that's fine.

Let your medical records and your rep speak for you.

so at this point if your headed to the cavc  I would certainly have some  professional representation to help me if I was that disabled and couldn't feed myself, if your as disabled as you claim.

Now the above does not mean anyone is saying your not as disabled as you claim  we don't know?   that's for the VA to figure out , we're simply letting you know what not to do   if your thinking about representing yourself,

Looks like to me you have all the correct documentation  so let a professional fight this for you..

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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 jurisdiction" over your claim for R1 because the VARO didnt adjuticate it, and so the Board can not/does not have jurisdiction over the claim "because" it has not been adjuticate by the VARO, and because you CAN NOT, therefore, file a nod on an unadjuticated issue.  Read about "Pending claim" doctrine.  Your claim for R1 is "pending" because it has not been adjuticated by the VARO.  

The procedure, if VARO does not adjudicate or infer your claim for R1, is to apply to the VARO, not to take it up with the courts, the court does not have jurisdiction over issues that the VARO has not yet decided!  You have the cart before the horse..you must apply, then appeal if denied.  

Unfortunately, "deemed denials" have been ruled by the CAVC to be OK by the VA, as MADDENING as this is.  Even tho 38 CFR 3.103 states that every claimant is entitled to a written decision on his or her claim, VA gets away with that BECAUSE there is no time limit for VA to adjuticate a claim.  

One Vet went 50 years to get his claim settled, and that may not be the oldest one either!. 

 

 

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Exactly, Buck.  Mr. Cue should apply for R1 at the VARO..he cant appeal it if VA hasnt decided the issue.  The quicker he applies for R1, the quicker he can get his benefits, if eligible.  (I have not read his records, so I dont know if he is eligible or not. )  The CAVC does not decide claims that the VARO has not first decided.  Its for appeals, only, and only of final decisions.  

Mr. Cue, we are trying to help you.  We are not with the VA.  Buck and I have helped THOUSANDS of Veterans by answering questions, and we get paid zero.  We volunteer our time to help Veterans win benefits, and, hadit volunteers have done a wonderful job helping vets get benefits "Including" both you and I.  Other Vets helped us, so we are helping others.  

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