Secretary brief due soon

[Mr cue]

Man this is more stressful then went I fought for tdiu. 2000

In my brief I point out that the board has only use the tdiu 60 60 for smc s 

And never address that I am permanently housebound which is the other crertia for smc s 

Iam pt tdiu which means I will never leave my house to make income. And have not in the 20 years of tdiu 

The board never address the many employment  verification and income statement that are part of my record and are given to veteran tdiu.

I put this showing the board is aware that I never have or will leave my house for an income 

Which was congress intent by howell v nicholson 

Now we sit an wait for them to lose there mind.

I don't think they want the court to rule on this so I think they will be remanding this issue quick just like in the howell cases.

I am pointing this out because I don't see tdiu veterans get smc s with there decision. Under been permanently housebound. The 2 way to smc s 

And congress and court has stated housebound.

Is never been able to leave home for income. Not that u can't move.

Every bva decision I have look at on smc s never address this it always tdiu 60 60. So I press the issue.

 

they have 20 days not the 60 days to put it in there brief and I have 7 to reply. Then off to the judge.

Case was expidate at cavc due to my need of in home care.

Board expidate the case also for this.

But didn't address my need of in home care in the bva decision I can't make this up lol 

I have the doctor note stating without in home care I will need nursing home services.

From va hospital witch pay for the in home care.

Would u believe I am been told the board doesn't have jurdistion on smc o r1 r2 and to reapply lol on the decision

Which if I had reapply I would of lose my cavc appeal rights on this issue. They try to put me on the hampster wheel.smh

I point all this out to let veteran understand that they need to educate there self on cfr which is the law.

And look at cases with your condition and the laws use to address them at bva and cavc 

Ok I am done i be needing to vent lol

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[broncovet]

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Howell was "watered down" by VA regs.  They changed (watering it down) "can not leave the home for work"  to can only leave the home for medical appointments.  

These are not the same.  The first was "congress intent", and the second is VA's interpretation of that intent.  

Expect VA to fight you on this (they already are).  You might get a remand on a single judge decision so it does not set a precedent.  Pro Se claimants dont do all that well at CAVC.  

    You mentioned before why you fired your attorney.  Apparently you alleged he would not file for some of the issues you suggested.  Mine wouldn't either, but it turned out well for me, because I eventually won..including SMC S.  I decided its better to not try to reinvent the wheel.  They were not doing this maliciously, instead, they were looking out for my interests.  

      If you dont think the attorney is looking out for your interests, you should fire them.  Unlike VSO's they have a dog in the fight.  

      However, there IS catch 22.  At the CAVC, the attorney gets paid for ANY remand...even if it results in zero dollars for you.  EAJA allows attorneys to bill EAJA for "hours" on a remand, even if the Veteran does not get a penny.  I dont like that much.  

      The most likely outcome at the CAVC is remand.  They love putting us on a hamster wheel.  

Edited December 11, 2020 by broncovet

[Mr cue]

Yea they have been fighting me on this even used a false statement to not address it. That my tdiu is based on all my condition. Lol 

But I was grant tdiu 60  rating code 5293

There are only two ways to tdiu one condition 60 or 40 with a combine 70.

I only got 60 on the decision now that I claim smc s it's a combine rating lol 

I got granted 70 ptsd and they grant 2 month smc base on the tdiu 60 60

But never address the permeant housebound. And change a 25 year protected tdiu rating to my new ptsd 70. Smh and used bluie cases.

It doesn't address change a 25 year protected rating for smc purpose. Which is not legal.

These are a few of the tricks they are trying.

I fired my lawyer 2008 for not put my issues in the brief

I put it in myself and won a remand back then. And extra scheduler tdiu 

I chose to go pro se this time because there are so many problem in my case. That I am not let issue just not be listed this time to not be address by the court

I have over 20 year of experience on my disability an the law and cfr that granted it.

Vso never told me about smc  and it was never inferred for me. Back then now I am fighting for it.