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[andrewdc]

I found Alex on this site almost 4 years ago. I had posted multiple questions as to why VA denied my aid and attendance claim SMC L.  Alex contacted me and agreed to help. He filed a new claim for smc l and of course va denied it. He then filed appeal to bva which was subsequently granted and I was awarded smc L. However I have 2 separate and distinct 100% ratings so I should have been awarded smc M. So, Alex submitted  appeal to bva which after a year they closed appeal because they thought we were appealing original bva decision. We were not appealing decision just the m versus l. So Alex filed a new claim for m and va denied. Alex filed supplemental claim and va closed the claim without even adjudicating. He filed Again and same result. He made another attempt and that was denied too. Finally Alex contacted the secretary bva, the regional office coaches and raters claiming they had no idea how to adjudicate smc claims.  Obviously he ruffled a few feathers and the truth needed to be said. Finally after more than 36 months of fighting, the VA admitted making 2 mistakes. They admitted the effective date for my original l should have been 6 months earlier and they admitted m should have been awarded when aid and attendance was granted. Bottom line- Alex knows more than va when it comes to SMC. Alex is a kind person who always listed to our concerns and always keep us in the loop. If you need thoughtful assistance with your smc and or claims in general, no one knows better than our friend Alex. 
 

 Andrew & Linda
 

 

[GBArmy]

Andrewdc Great example of keeping at it with the VA; congrats to you and Alex. If you have a SMC situation that is really complex, I definitely would contact Alex. There are many examples posted where he has helped veterans get what they deserve. Certainly he can handle only a limited number of veteran appeals at any one time, but if you have him doing it, he is a bull dog on getting to where you need to be. Again, congrats!

[broncovet]

Congratulations!  In football, the call it "second effort".   At hadit it we say you just keep trying until you win, never give up.  Its not news that VA does not understand their own regulations..if they fully understood and complied with them all, then neither the BVA, nor CAVC would be necessary and have to be shut down.  

I used to follow the statistics at the BVA...interestingly, only about 20 percent of claims at the Board are denied.  My math says that means 80% of the VARO decisions have one or more errors requiring reversal or remand.  80 percent wrong.  

That is an "F".  In your case, the VA re did it and made the same errors over and over.  Usually, my experience has been "the VA thinks up NEW mistakes", they get tired of remaking the old mistakes.  

However, when they DO make the same mistake over and over, they are so embarrassed they did something right for a change.  

Alex is very good at SMC.   Its obviously deliberatly complicated, Im not sure anyone completely understands SMC, and all of its nuances, except maybe CCK law, and maybe a few of the people at NVLSP who write the VBM.   It obviously requires years, and reading thousands of BVA, CAVC, and Federal Circuit decisions to fully understand this mess.  

I see at least part of the problem being The US Supreme Court.  The "Chevron deference" means that VA pretty much gets to interpret its own regulations in any manner they see fit..

As an example, CAVC remands are to be given "expeditious treatment".

Webster defines it as:

 

Quote

 

Definition of expeditious

 

: marked by or acting with prompt efficiency

 

However VA defines it as neither prompt, nor efficient, but instead they take "however long they want to complete it", if at all.  

I have a remand from 2014 which was never ever completed.  When I called em on it, they cite a 2019 regulation which required a specific form, when, in 2014 no form was required.  

 

You wont beleive how many Veterans are told their records were destroyed in a 1973 Fire... including several who did not exit military service until 1990.  That is pretty much impossible for non existant records to be burned up.  

 

 

 

 

 

Edited September 1, 2021 by broncovet

[Tbird]

I agree Alex is great he got me to L 1/2.

[FormerMember]

<<<Alex is very good at SMC.   Its obviously deliberatly complicated, Im not sure anyone completely understands SMC, and all of its nuances, except maybe CCK law, and maybe a few of the people at NVLSP who write the VBM.   It obviously requires years, and reading thousands of BVA, CAVC, and Federal Circuit decisions to fully understand this mess.  >>>

Au contraire, ma cher. I do completely understand SMC, Loyal. It only took me 9 years to learn it backwards and forwards. There are probably 8 attorneys who are  really good at this outside of me.  Sadly, VA cannot plumb its depths no matter how hard they try. They utilize the SMC Ratings Calculator computer. Therein lies the problem. Garbage in-garbage out.  I just returned from a mini-vacation last night and reread the final promulgation. VA screwed it up yet again. By moving the effective date for SMC L back from August 23, 2020 to February 12, 2020, they neglected to note he had 50% or greater ratings independently ratable until August 23, 2020 (§3.350(f)(3)) when the SMC M kicked in. That means the Veteran was entitled to SMC L 1/2 +K from Feb. 12 to August 23. It isn't much but every dollar counts when you're skating on bankruptcy ice.

Remember, VA didn't concoct SMC- Congress did. VA just converted it into unintelligible regulations. 

I just contacted the CMA in Omaha this AM and told him to tell the Coach they need to sharpen their pencils and begin anew. Next? Why, R 1 of course. I just want to get the current problem repaired before I launch another torpedo. He agreed and sent it up the ladder.

Edited September 4, 2021 by asknod

[Nicofsu]

What is Alex’s email or phone number you speak of? Please! I need help with finding out what is holding up my appeals and no one knows. Thank You 

[Nicofsu]

What is Alex Informationi need help. Thank You