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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 am fine with everyone opinion that what I post for to see different avenues.

Like I said tho I have been a member of hadit since 2000. Yes It has help me a lot. 10 to 60 tdiu thanks to the info on hadit.

I think u have the cavc wrong tho u dont appear there.

An no I don't want a lawyer for this ride. I am doing just fine by my self got my case expidate. Just got the bva reconsideration as part of my case so the judge can address it

 

Last one min it is to be inferred by the record next u have to apply for ever smc 

Last if the record show everything I have stated an u ganted smc l an never address the smc r its an error

U don't reapply u would lose your rights to cavc review. An back on hampster wheel not me.

They made a decision not to adjudicated it so u go to the court an make them adjudicated

this isn't a increase rating claim issue.

Smc is a whole different ball game I did my work before applying.

I Look at case that why I waited tell I was 25 years protect tdiu. To not lose my rating

An they still change it to grant 2 month of smc smh

It will be vacated tho.

Last I like everyone opinion it help me look at it from different views

No I am not tell ppl not to get the free lawyer.

But for me I hate all the 30 60 day Waits. It's a money game for the lawyers.

They would even talk to me about get it expidate at court because than there no delays 

 

 

 

 

 

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  • HadIt.com Elder

Mr Cue

you make some good points  on some issues you have  and I don't blame you if you want to represent yourself and fight them but it seems your shooting a dead horse here  and they will keep you in remads for years going back and forth,SO  why not hire a GOOD LAW  ATTORNEY WITH EXPERIENCE and get these issues settle a lot faster.

I have to disagree with this 

you mention ''

''Last one min it is to be inferred by the record next u have to apply for ever smc ''

you do not have to apply for SMC its  a statutory rating  ,when the Veteran meets the critera for SMC  they infer the SMC

Example I was 90% and since my rating did not reach the 100% and I could no longer work due to this single 90% rating  they inferred the TDIU P&T   OK tHATS GOOD TO BE PAID AT THE 100% RATE....

BUT I FILED ANOTHER CLAIM AND WAS GIVEN A 70% RATING FOR THAT  OK BEING I WAS TDIU P&T  THEY HAVE A STATUTORY OBLIGATION TO INFER THE SMC S H.B. TO THE VETERAN  WHEN HE MEETS THIS CRITERIA AND THEY DID BUT THEY DON'T ALWAYS CATCH THIS AND IT CAUSES THE VETERAN TO APPEAL FOR THE SMC S H.B.

100% veterans or veterans that are IU    IF THEY FILE FOR ANOTHER SEPARATE DISABILITY  AND THAT DISABILITY IS RATED 60% OR HIGHER  THEN HE IS ELIGIBLE FOR THE SMC S HB.  AND AT THE TIME OF THE 60& OR HIGHER RATING THEY ARE SUPPOSE TO INFER THE SMC.

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Ok there is also an other way to smc s it call been confine to your home.

The court in Howell v nicholson has not been able to leave your house for a income.

Ok so if u get tdiu by the record and court u are confined. U should be inferred granted what ever u want to call it.

 

Now if the va don't do it an base everything on the tdiu 60 60 thing u can press the issue. 

I am at the court pressing the issue.

The way I see it. Howell v nicholson has nothing to do with tdiu 60 60

That all I am saying

 

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  • HadIt.com Elder
7 hours ago, Mr cue said:

Ok there is also an other way to smc s it call been confine to your home.

The court in Howell v nicholson has not been able to leave your house for a income.

Ok so if u get tdiu by the record and court u are confined. U should be inferred granted what ever u want to call it.

 

Now if the va don't do it an base everything on the tdiu 60 60 thing u can press the issue. 

I am at the court pressing the issue.

The way I see it. Howell v nicholson has nothing to do with tdiu 60 60

That all I am saying

 

PLEASE EXPLAIN HOW A VETERAN CAN GET SMC   WITH A 60% & 60% Rating using the Howell VS Nicholson Rule?

Now with a 100% rating and  or TDIU P&T  and its a single rating  and is of nature  not expected to improve in the veterans life time And he files for a separate claim and gets 60%   they are suppose to infer the SMC S House bound

but the Howell vs Nicholson  was suppose to change that  simply because the veteran can't leave home for work  so they should infer the SMC S at the time he is granted the TDIU P&T

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We're did I every state any of that

Like I said if ppl choose to focus on that u can only get smc s with tdiu 60 60 or 100 60 60 which ever way u choose to state it ok

there is also away to smc s not been able to to leave your house confine to your home. Which ever way choose to state it

Now If u get tdiu one condition which is pt your condition is going to improve. It's permeant and total.

Now u have tdiu which show u are not  will not  have not been able to leave your house to make a income. 

U have to do income statement an work statement every year or now an than.

Did they va bva every inferr it  for this to anybody don't think so

So va bva is aware u havin left your home for income right and your permeant and total condition not going to get better an u are tdiu one condition

So base on howell v nicholson veteran should be inferred granted which every u choose smc s

Howell v nicholson was a remand so I don't think ppl really press it.

But I am at the court that all

 

 

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