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By Mr cue
Upon consideration of the foregoing, the portion of the January 30, 2020, Board decision
finding that Mr October 2018 NOD did not encompass that portion of the July 5, 2018,
rating decision granting a 70% evaluation, but no higher, for a psychiatric disorder is REVERSED
and the matter is REMANDED for further adjudication; the portions of the January 30, 2020,
Board decision denying an effective date before May 9, 2018, for the grant of SMC and entitlement
to SMC in excess of the housebound rate, from May 9 to July 17, 2018, and at the aid-and-
attendance rate from that point are SET ASIDE and the matters are REMANDED for further
development, if necessary, and readjudication consistent with this decision; and the balance of the appeal is dismiss
I will post whole decision soon thank everyone for listening to my venting
the fight go on but at least they got take it serious now I hope smh
By Mr cue
Ok this is what I get from the conversation.
They are ask the judge to remand and vacated some issue.
Now they didn't address all issues.
I put in my reply brief but now they got 7-12 days to get my record proceeding to the judge. Even told me I could be over by the began or middle of February. Lol we see
When there brief comes in mail I will be able to post.
Ok it seem to me if u didn't fight anything I said in my brief. And now the judge has to look at what we both said in our briefs
It should be a good decision. I am hoping
They ask for remand for smc s effective date. But not a word on my howell v nicholson issues. We will see what the court say
They are asking for remand of smc l effective date.
They didn't address loss of use denial guess the judge will address
They even vacated the I didn't appeal my mental health 70 rating.
The bva decision stated it total but I did appeal it so they didn't rate it smh
As I am writing this it seem I really won my cases guys.
It going to stress me out waiting for the judge to rule lol
By Mr cue
Well today was the day for the secretary brief on my case.
I look at the secretary brief it is asking for a vacated and partial remand
To address effective dated for smc and smc r and o and to rated my mental health it 70 and they told me I didn't appeal for the total rating.
After doctor report and comp exam stated total.
The effective date remand doesn't address howell v. Nicholson lol
Guess there going to granted it to never be percented. Like they did howell it was a remand. We will see lol
I am a little old I ain't been able to upload it yet.
Only thing I am think about letting it go to the judge anyway they don't address my loss of use or the denial
Might let it go no sure yet
By 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
By Mr cue
Ok my ? If you are award tdiu 60 one condition.
Should you get smc s under howell v nicholson.
You are not able to leave your home for a income.
Am I reading this wrong.
Cause I have been this tdiu 25 yrs I apply for smc an bva will not address this they keep make decisions based on tdiu 60 plus 60 even change a 25 yrs protect rating to granted two months smc s lol an told it's irrelevant that I been 25 yr tdiu for smc purposes
Even stated my tdiu is not base on one condition.
You can't get tdiu 60 unless it bases on one condition smh the game's
Oh an last thing I got the rba there are over 7 request about try to reduce my rating. During this smc process.
That why I wait till I was 25 yrs protect before I made the claim lol they can reduce anything.
That why there try to change my tdiu to the other condition. It's not legal tho it will be vacated
rebabevets posted a question in VA Disability Compensation Benefits Claims Research Forum,I already get compensation for bladder cancer for Camp Lejeune Water issue, now that it is added to Agent Orange does it mean that the VA should pay me the difference between Camp Lejeune and 1992 when I retired from the Marine Corps or do I have to re-apply for it for Agent Orange, or will the VA look at at current cases already receiving bladder cancer compensation. I’m considered 100% Disabled Permanently
Ddsr posted a question in VA Disability Compensation Benefits Claims Research Forum,The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
broncovet posted an answer to a question,While the BVA has some discretion here, often they "chop up claims". For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.
I hate that its that way. The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.
Ztmiller8 posted a question in Appealing Your Veterans Compensation Disability Claims NOD, DRO, BVA, USCAVC,Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!
My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.
Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
Joey Ross posted an answer to a question,I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and nothing about stressor,
Picked ByJoey Ross,