Mr cue Posted May 16, 2021 Share Posted May 16, 2021 Ok my cases and all issue were remand may 3 I have the letter stating this. U.S. Court of Appeals for Veterans Claims made a decision on February 22, 2021 VA granted one or more issues on April 30, 2021 Board of Veterans’ Appeals made a decision on May 03, 2021 Now it stated the bva made a decision. Showing apr 3 va granted issues . And now this show up we're the remand use to be Currently on appeal Increased rating, Intervertebral disc syndrome Remand Increased rating, special monthly compensation Increased rating, Chronic adjustment disorder Closed Granted Effective date Effective date, rating Withdrawn Increased rating, Spondylolisthesis or segmental instability Increased rating, Ulnar nerve paralysis I no I should not be look at va.gov for answer. But this process is all over the place. ? Is how could va had made a decision to granted things apr 3 but I have not received a letter anything. But may 3 I get bva remand letter remanding all issues. Now it show my effective dates are closed without any decisions. Has anyone seen there remand do this Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 19, 2021 Moderator Share Posted May 19, 2021 Good idea. Let it go. Bask in your win, whatever it turns out to be, since at least one was granted. You can check ebenefits letters, but that may or may not help you. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted May 19, 2021 HadIt.com Elder Share Posted May 19, 2021 (edited) Question IF YOU ARE TDIU THEN YOU DON'T GET THE SMC HOUSEBOUND? OR AND BUT IF YOU ARE AWARDED TDIU P&T THEN THAT MEETS THE CRITERIA FOR SMS S H.B. ? AND THEY INFER THE SMC S H.B.? I GOT TDIU P&T BACK IN Dec 10th2002 I never was inferred the SMCS H.B. THEN. BASED ON ONE DISABILITY. IN Oct 15 2014 I filed a separate & distinct claim for PTSD and was granted 70% S.C. and that's when the inferred the SMC S H.B. Would I have a case for the SMC S H.B. TO GO BACK TO DEC 2002 FOR A EED ON THE SMC S H.B.? OR would they use the date of Howell vs Nicholson rule on MARCH 23 2006? what date would they go back to for the SMC S? I might check this all out. go look in my c-file for award letters with dates .... Edited May 19, 2021 by Buck52 I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 Mr cue Posted May 19, 2021 Author Share Posted May 19, 2021 I believe smc s should be inferred when u have tdiu one condition. I am thinking it is effective the date of howell v nicholson decision. This is major error I believe. I am just waiting for bva or to to address it. That a bva decision i posted not minds. So they are aware of it Link to comment Share on other sites More sharing options...
0 Sgt.Riker Posted May 22, 2021 Share Posted May 22, 2021 To get housebound a person needs 1 disability 100% and another 60% or if the person is at least 70% with unemployability rated P&T an another at 60% then he or she could get housebound. Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted May 22, 2021 Moderator Share Posted May 22, 2021 SGT Riker: While this is mostly true, there are at least "2" paths to SMC S: Its explained (somewhat) in 38 CFR 3.351: Quote d) Housebound, or permanent and total plus 60 percent; disability pension. The rate of pension payable to a veteran who is entitled to pension under 38 U.S.C. 1521 and who is not in need of regular aid and attendance shall be as prescribed in 38 U.S.C. 1521(e) if, in addition to having a single permanent disability rated 100 percent disabling under the Schedule for Rating Disabilities (not including ratings based upon unemployability under § 4.17 of this chapter) the veteran: (1) Has additional disability or disabilities independently ratable at 60 percent or more, separate and distinct from the permanent disability rated as 100 percent disabling and involving different anatomical segments or bodily systems, or (2) Is “permanently housebound” by reason of disability or disabilities. This requirement is met when the veteran is substantially confined to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical area, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime. I highlighed the "OR". Link to comment Share on other sites More sharing options...
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Mr cue
Ok my cases and all issue were remand may 3 I have the letter stating this.
U.S. Court of Appeals for Veterans Claims made a decision
VA granted one or more issues
Board of Veterans’ Appeals made a decision
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ShrekTheTank
I just got done with mine sort of, and it took almost 7 months once the VARO received it to actually work my case. The BVA should inform you once it has been sent to the VARO, but from this point for
ShrekTheTank
They can do what they want to do in accordance with the law. This still has another phase where it will go to your regional office to complete it. So there is still the waiting game to get to this p
pacmanx1
Shrek is correct, your claim that was remanded from the CAVC to the BVA was granted. Then the BVA made a decision and remanded more/another claim(s). Now your claim(s) have to be return to the local V
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