Well today a bva decision was made.

[Mr cue]

Well I think I will be going back to the Court.

Like I said one issue they remove from the cavc remand.

And put in the new appeal system

It say I can ask for a supplement review.

The effective dates smc s and l.

One say granted one denied.

I am going to take it that I was granted the same effective dates I appeal to court. Smh.

The adjustment disorder was denied a total rating even after changing my tdiu to the adjustment disorder.

It total for tdiu but they don't want to rated it total.

Well this issue which also was part of the cavc remand.

It state I have a 120 day to appeal to court.

Well the smc o and r remand also by the court is waiting to be return to judge.

So like I said I will now have three  appeal to the court for a cavc remand.

I am happy tho I am getting this out of the bva hands and they were not able to play me.

With the change of the one issue docket and telling me I was 100000 in line.

The fight continues.

Oh I no  my petition will be denied now It was like the court gave the bva 10 days to make a decision.

This was quick.

Well I still have to wait on the bva decision for the smc r and o.

It should be coming before the 120 days.

This is the only issue that's still under the cavc remand docket. 

I am about to call to see if I can find out what the granted thing is.

On the effective dates for smc s and l.

I am like a 100% sure they are acting like they granted the same effective dates I appeal to the court smh

 

[broncovet]

Congratulations!

Are you basing your information on a written decision, or are you relying upon an unreliable ebenefits/va.gov?

The effective dates "are almost always" wrong on ebenefits/va.gov.  For one thing, it will show "last years COLA" as the effective date.  

Effective dates for SMC are independent of the date of application, but instead rely upon facts found.  Since SMC is inferred, you should get the effective date of when the doct said (you met the criteria). 

[Mr cue]

YeA that is the way it is to work but I just got the decisions fax over.

This is crazy if it was true.

Ok this is a cavc remand.

I was out in the new appeal system I never opt in but look at the decision.

The veteran elected direct review there for they could only address the time of the may 2021 rating decision.

The court set a side the effective dates now I just got granted the same effective dates I fought to the court. Smh.

The cavc remand process was mess up in my case.

I will have to take everything back to court.

I am just happy I didn't have to wait years for them to do this I seen it coming.

So I am not that upset.

Plus they are just boxing there self in I think I will have a good chance at the court just granting my case.

This time they refuse to address the Howell v Nicholson percendent in my case.

Keep try the all condition were included in your tdiu rating thing.

I was granted tdiu 60% under rating code 5293. Which is only for my neck condition.

But the fight continues 

I still have the smc o and r to be denied.

And the bva has to respond on Nov 25 to my petition.

The court refuse to tell me if I can respond to there response.

So I guess this is there way of not addressing anything.

The board will say they made decision on my appeals.

The court will just denied the petition.

And I will be right back at the court in 30 days.

For all of this make no sense 

to get from 100000 in line to a bva decision was a win. When it should have been there in the first place

Get the cavc remand for loss of use that was being comp exam shop for 5 month return to the judge is a win.

I got the court to order the board to respond two times.

I got the smc o and r remand by the court which were be held with the loss of use remand.

Back to the judge. And waiting for a decision.

So I won a few fights. Lol 

Time to get ready for my brief to the court I might talk to a few lawyer now that understand smc.

My cases is now easy to understand now.

 

 

 

 

 

[Mr cue]

Forgot these

[Mr cue]

O and I got granted I think two or one month of smc l.

I think it might be 600 to 1200 retro lol.

Boy if this ain't crazy but it's the va they are going to fight this to the end I see.

 

 

[Mr cue]

I had to go see what the effective date was for my smc l.

 the January 30, 2020, decision of the Board that granted entitlement to (1) SMC by reason of being housebound (SMC-S), under 38 U.S.C. § 1114(s), from May 9, 2018, until July 17, 2018, and (2) SMC based on the need for regular aid and attendance of another person (SMC-L), under 38 U.S.C. § 1114(l), from July 17, 2018

So the judge really granted one month of smc l so they change my smc s one month to smc l.

Lol I can even get mad.

They will be kick in a whole lot more.

 

 

[broncovet]

The VA has done that to me....they throw you a bone with almost no meat on it to shut you up.  

I fought VA at the board, and won.  The VARO "implemented" the Board decision at zero percent.  Zip, zilch, nada.  My win at the BVA got a "nothing burger" with ketchup.  

They did not give you a "win", they let you sweep up the crumbs off the floor and eat those, trying to get you to think you won.  They deceived you with a "w", just like they did me.  It took many years to turn the "fake W" into a real W, and a real winner winner chicken dinner.  

Overcoming a bva "finding of fact" is very difficult.  Mostly, the CAVC does not overturn the Boards finding of fact "unless" its arbitrary and capricious. 

I went back the the drawing board, redesigned my attack, and beat the VA with an  entirely  new entitlement theory.  This time I went for entitlement of tdiu, which they had never adjudicated because VARO said it was "moot".  

I appealed this VARO, explaining to the BVA that tdiu was "not" moot because an award of tdiu could be at an eed, AND, could entitle me to SMC S.  The board agreed, and said tdiu was "not" moot.  I eventually won tdiu (with an IMO) and, at the effective date I wanted WITH SMC S.  

Edited November 24, 2021 by broncovet