My waiver of the 90 day evidence period

[Mr cue]

Well let hope that address my issue this time. Court has told them to address these issues 

 

This my waiver of the 90 day evidence period. 

I would like a decision based on smc benfits and my 25 year history of loss of use for smc benfits and the over 20 comp exam and over four  bva decisions that are part of my record
First my cases was advance on the docket at the bva and advance by the us court of veterans appeal due to my need of higher level in home care under smc r1 or r2
The us court of veterans appeal has remand my case now which should also be expidated  by law.
The court has even expidate the mandate in my case

1 my case was remaned by the court because the bva has never inferred or adjudicate smc r 1 2 higher level of care smc in my case.
 The bva has the va hospital home maker/home health aide note dated July 16 2018 Which states without in home care I will need nursing home care.
The bva also have the in home care plan provide by the company which provides in home skill services dated 7/17/18
You also have the aid an attendance comp exam dated June 11 2018 Which also show the level of skill care I need.
You have ch 31 independent living. Records
By cfr law and va manual there are no more exam to be order and my smc r 1 2 should be granted.

Note: Prior to enactment of PL 96-12, a Veteran had to be entitled to SMC under 38 U.S.C. 1114(o) in order to establish entitlement to SMC under 38 U.S.C. 1114®(1) and 38 U.S.C. 1114®(2).

You.ii.2.H.9.d.  Processing Claims for Entitlement to a Higher A&A Allowance Under 38 U.S.C. 1114(r)(2)         

Follow the steps in the table below to process claims for entitlement to a higher A&A allowance under 38 U.S.C. 1114(r)(2).
Step    Action
1    Does Does the claim include evidence showing that the Veteran
•    requires ongoing daily skilled care, and
•    in the absence of such care, would require hospitalization, nursing home care, or other residential institutional care?
•    If yes, award entitlement to the higher A&A allowance under 38 U.S.C. 1114(r)(2).
•    If no, go to Step

U have the home maker note dated July 6 2018  which states with out in home care I will need nursing home services
U have the in home care plan from the company that provides in home skill services.
U even order the a@a comp exam dated June 11 2018 which also stated my need of care.
But bva refuse to inferr or granted smc r benfits by law. 
If this is not process due to my need of higher level of care 
I will be fillings a writ to the us court in 60 days

2. My case has also been remaned by the court to also address the effective date of the granted of smc s and smc l award

Smc is to be inferred  by the record and effective by the record and not when I apply for them
The dro decision dated march 2004 granted tdiu one condition pt rating code 5293 60 percent pt
But smc s for been permanently housebound by fact was never inferred.
The bva granted extra scheduler tdiu 1993-2001 by the decision dated  and also address the granted of tdiu of one condition and my need of help the lay statement from my ex 
Smc s or smc l for my need of help of other were never inferred.
 Plz give a reason and base for this. An why my smc s and smc l are not effective by the record.
Plz give a decision based on been permanently housebound 
I have been confined to my house and have never been able to leave to make a income in 25 years. Which is the cretia for permanently housebound
2
IV.ii.2.H.10.f. Determining Whether the Veteran Is Substantially Confined for Housebound in Fact Entitlement

A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premises in order to earn any income. However, it does not require a total inability to leave the place of residence and immediate premises for all circumstances. Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran is not substantially confined for purposes of SMC housebound benefits. The limitations must be the result of the Veteran’s SC disabilitie

3. The cavc also reverse the bva decision that stated I didn’t appeal my mental health issue.

My mental health should now be rated total 
I had 2 comp exam dated July 25 2019 and june 11 2018 during the appeal 
 the board had stated my mental health is total but I did appeal it stated on bva decision Jan 30 2020
After the dro informal hearing dated July 11 2019 I was also send to a comp exam for smc need of help do to my mental health.
But smc l for my mental health was never inferred or adjudicated 
This is a sperate disability which should be granted it’s owe smc l

My case was also remand to address smc o which if smc l was granted for both my mental health and upper extremity would grants the smc o 
If I am put into a nursing home my rating can’t be drop below smc o if this is address it is not moot

I would like a decision based on this and give and reason and bases.

4. Loss of use of hand/elbow/ upper extremity for smc benefits
I have never been give a bva decision based on loss of use under smc benefits 
I have been send to 4 different comp exam and a specialize loss of use exam. An two deferment of the claim
But have never been give a bva decision based on my 25 year history of loss of use or was it every inferred by my record or given a reason and base during the appeal. 
The soc dated 4/5/2019 address the denial but the board never address it in the order or on the decision dated January 30 2020 I appeal all decision made.
The specialize Comp exam  peripheral nerves dated july 25 2019
Comp exam dated June 11 2018
Comp exam dated July 10 2003
Comp exam elbow dated June 11 2018
Comp exam sensory dated July 17 2018
You have bva extra schular tdiu decision  which also address my lose of use.
You have the dro decision dated march 2004 which also address my loss of use
Aid& attendance exam address my loss of use
You have the independent living records which also Address my loss of use.

IV.ii.2.H.1.d.  Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n)
 

Exercise considerable care when requesting examinations in connection with claims involving SMC under 38 U.S.C. 1114(1) through (n).

There are no more exams to order smc benefits they are to be based on the record and effective by the record
I would believe if more exam are order this would be devolping to denied
 I ask for a decision based on my record and history of loss of use and remaining function of my body parts by law.
I apply for smc k loss of use of hand.
An va has now change my disabled to elbow now claim as hand.
The appeal management decision dated. Which granted my elbow/hand 1993-2001 doesn’t not list my condition as this 
how do you change it after I apply for smc k loss of use of hand.
My record my extra scheduler tdiu the dro decision granting tdiu all speak of my hand loss of use of hand
An even the special comp exam address it. With all other loss of use but nothing was addressed.
5. My independent living program   assement dated 5/13/2014 for effective dated of smc  r and as evidence of loss of use for smc benefits never address 
If the board or va try to order more exam to whole up my smc claim
 I will be doing a writ of mandamus to the court.
Smc benfits are effective by the record and granted by the record. By law.
This isn’t a increase rating claim and I ask that it is not treated as one

.