Here is the bva decision on my effective dates for smc s and l

[Mr cue]

Ok here it is and I can't believe this

Ok let start with do u see that nothing is address before 2018.

We understand smc Is effective by the record and granted by the record.

Ok. The court set a side the effective dates an explain to the va to address early time period.

Not done because they change the court remand order to granted effective dates in first instance.

So now I am back at the court to appeal the same effective dates the court set a side.

Ok. I apply for smc s under Howell v Nicholson.

It is never address I even got denied because I can travel medical appointments.

The same reason Howell was denied smh.

Last I had a judge remand the cavc.

That a different judge remand it again.

Than a different judge just made the decision.

All in six months I guess the judge who was handling the remand st first retire than the one who remand again retir.

Because this is the only way you have 3 different judges on a cavc remand.

Ain't no 2 bva judge's retire In.6 months of handling my cavc remand.

Here the decision I will.ein st the court just made.they are playing all these games.

 

 

 

 

 

 

[Rattler]

You will need to post a redacted copy of the BVA decision so myself and other can comment and help you. Its hard to answer anything without seeing the  BVA decision. 

[Mr cue]

I trying to get the va to granted my effective date for smc s 2001.

Based on Howell v Nicholson.

I am try to get the va to address my smc l until 2001 I have evidence were it should have been inffered.

I was granted smc l and s 2018.

Appeal effective dates to the court.

The court set a side the effective dates which mean address a Early time period.

Well the board change the cavc remand. And told the ro to granted them

 in the first instance.

So now I just got a bva decision that Address only from ,2018 when I apply for smc benfits.

And they change one month of smc s to smc l.

So now I am on my way back to court to appeal the same effective dates and time period..

Don't think I can explain it any better 

[Rattler]

Look up how to do a CUE error in the forums instead of filing a court case right off it may save you a lot of time. In my option and others my address this but if the BVA fails to follow the courts remand order I think its a CUE error that you can slap the BVA with. IMO

Edited November 29, 2021 by Rattler767

[Mr cue]

There is no reason to do a cue on smc benfits.

They are effective by your record and granted by your record.

The va are try to treat them as an increase rating.

So if you only address the time from when a veteran apply it an error of law.

It will be back at the board quick.

I have a petition also which I am waiting on the court to rule.

And I still have the smc r and o remand by the court waiting on a judge decision.

So I ain't over yet lol

[broncovet]

I agree with Mr. Cue.  Filing a CUE on SMC benefits is an unnecessary burden, at least most of the time.  Simply file for SMC.  If awarded, the effective date is the date the doc said you had it, not the date you applied.  

A CUE is about effective dates.  Otherwise you can simply just file again.  

Berta makes an exception:  Sometimes, a CUE may go faster than an appeal.  (Appeals can take several years, while sometimes a Cue at the VARO can be completed much faster). 

[john999]

You are not supposed to have to file for "S" if you qualify.  I did have to claim it and the VA turned it into a CUE so I got 8 months retro on that one.  That is the only CUE I ever won and I did not even file it as a CUE.