The Double Whammy-2 A&As = R1

[FormerMember]

It's not often I can snag a double SMC L for  2 A&As. Here, the Veteran was going down the tubes with just the Parkinson's. The A&A was a no brainer. With his inability to perambulate without falling down, he should have gotten LOU of the BLEs. I couldn't convince Judge Peters on that one because the VA C&P troglodytes made sure they put in that "He drove himself to the Emergency room." I might point out his wife had been in a traumatic automobile accident and hasn't driven in over a decade. Maybe I should have filed a NOD on just the 20%ers for the BLEs but he would have been dead before that even made it to the docket.  

When he got the b cell, hairy leukemia, that's all she wrote. I'm glad I drew Judge Peters. I have another R1 appeal before him right now. It feels like they've assigned him solely to SMC cases or me personally. Nah. Just kidding. Anyway, this decision illustrates that you can obtain two SMC Ls just for Aid and attendance in order to get to R1. That's the point of this.

Onward through the fog. Win or Die.

2 A&As = R1 BVA redact.pdf

[andrewdc]

4 hours ago, Mr cue said:

This was good  info on how to fight for the two smc l a&a for two separate disability.

This give the veteran smc o.

Than smc r.

 

 

I received aid and attendance smc l for copd and then received another smc l for major neuro cognitive disorder. I was then advanced to 0 and then r1 on account of 2 smc l. 

[Stayfocus]

536 days waiting to be assigned to a judge.

Now, according to a very credible VA law firm, direct review lane timeline is 675 days.

wtf!

[Mr cue]

Man my  fight to get the other smc l has been crazy.

The last denied was your mental health doesn't effect your adl. So you don't have two condition that effect your adl.

That was it.

Cavc just remand it back to bva to address my favorable evidence.

Let see what they come with it

Here the crazy part I had a dro hearing and was send to the mental health adl como exam. They have been refusing to address this.

I already have the smc l for my upper extremity.

The smc l for my mental health will give the smc o.

I receive in home care based on both.

But I am have the hardest time In the world getting a proper decision that address it.

[Mr cue]

Ok I woke up today with new energy to fight the VA for my smc benefits.

I was at the point of it is what it is.

After reading all the bva decisions posted in this thread for smc o and r1.

Based on the two smc l aid and attendance.

It got me to feeling maybe the next bva decision on my 2nd cavc remand will address it.

The smc l for my mental health and the smc o and r are with one bva judge right now. Waiting for decision 

Last time I had the smc l for mental health with one judge.

I had the smc o and r with a different bva judge 

The effective dates for smc s and l for my upper extremity was with another bva judge process ama appeal.

when I never opt in or requested to be removed from legacy 

3 Different bva judges rule on a smc benefits. 3 different bva decision appeal to Cavc.

 

this time they are trying to make it two different bva judges decision.

by trying to remove the smc effective dates from legacy appeal to ama again.

which has different rules for effective dates. Less retro under ama. smh.

well the smc o and r and smc l for mental health and my loss of use is with one bva judge.

let see how they handle this.

I am still waiting on the cavc judge to rule on my petition for relief.

I never requested or opt in to ama.

THe VA can't just remove your appeal from legacy appeal to ama appeal system.

the VA has been try to remove my effective dates from legacy for a year.

I have a cavc order to merge my legacy appeal back together. 5/27/2022.

And when the cavc remand it again August 31.

The bva removed it again from legacy.

Just told the court I am wrong they can't merge the two appeals.

Because one is legacy appeal and one is ama. Smh. Never address how it got removed or the court order.

So now I sit here waiting on the cavc judge to address this again. After she order all my appeal my appeal merge back together 5/27/2022.

The same cavc judge has the petition.

I beat that the cavc will not even address anything an tell me the petition is moot. Again happen last time.

How end up with 3 bva decisions last time.

I will have 2 this time getting closer to one. Guess next year.smh

When you ever seen a smc benefits claim treated like this.

 

 

 

 

 

 

T