Bva remand for loss of use under smc

[Mr cue]

Now here is another example of the bva try to delay and develop evidence to denied. After a cavc remand.

Ok I have a claim for smc r higher level in home care.

Now I denied get a bva decision on that and see how it say higher level smc.

So now I will not get a decision for smc r until my case is send back to the board. This is crazy.

Now smc and increase rating are two different thing. Smc is Based on the record and effective by the record.

Well my only hope to get pass all these delays is my petition.

My petition was expidate by court due to my need of in home care. And the cavc case that remand it the bva.

Do u see how the judge stated that my effective date for smc. Are downstream issue. And I have not disagree so the board doesn't have jurdation.

How is a cavc remand issue a downstream issue. Lol 

See when u do the nod now you will get a new docket number.

U will not have the cavc remand docket which is to be expidate.

This is how the bva and ro hold cavc remands. And there no longer in the system as a cavc remand. Not legal.

If I had not done the petition or understood. I would have been waiting years for them to address this.

I am venting again.

Oh and I did denied the exam. These qtc ppl are crazy. They will not tell me when it will be send back.

So now a outside company has add months to the claim process because they don't return exam or claims back to ro.

Smh now I got to fight qtc to return my issue back to ro

 

 

 

[john999]

I remember Yulooking.  I had a cue that any reasonable person would have recognized instantly given the evidence.  But I was asking for big retro and the VA just delayed it and denied it all the way to the Vet Court.  I was put in a position to where I had to prove a negative.  I had to prove the VA did not consider my IMO way back in 1972.  It was impossible since the VA did not even list all evidence in those days.  VA said they considered my IMO which, of course, they did not. I lost.  I hope you win Mr. Cue.  

[Mr cue]

Yea I am in a new fight for the smc that is owe to me.

I have been tdiu pt 60% for 25 years 

The board granted me 3 month of smc s form when I apply.

I fight all the way to us court court set a side the 3 month smc s. Tell board to address earlier period.

It get to board  they volate the order

they remand to droc DC to grant the same effective dates in the first instance.

Than make me do a new nod and remove it from the cavc remand docket and place it it the new appeal system with a new 2021 docket date. Lol 

So now I sit with a set a side order from the court.

And my issues are now treated as a new appeal.

They refuse to even merge them back with the cavc remand order docket.

 

See if I didn't no better the case would be sitting for years. With them volating the set a side order.

So I have them by the balls.

They court order then to adjudicated smc o and r. Because of my need of in home care.

The board has it with this remand for loss of use. And refuse to give a decision.

After they advance my case do to my need of in home care.

I can't even get a decision or denied for 4 year I been fight just for this.

I point all this out to tell veterans look at the purple book.

It will help you fight these va games.

 

 

 

 

 

[Mr cue]

Ok I ask about duty to assist and compe Exams.

and what happens when a veteran feel he has enough evidence to make a decision.

and what is the law on to many comp exams.

 

 

[Mr cue]

Ok this is one of the two issues that was remand.

I didn't go to there loss of use exam.

So is this the one that got denied.

If so then it either the smc o or r that got granted.

This is going to drive me crazy. Lol.

Man I really ain't going to know what to do with myself once Mr Carpenter  take over my cases. Smh