Ok here is the whole decision on smc s and l

[Mr cue]

I have posted the cavc set a side order.

This the bva decision after the remand.

Now the bva has only address the period from when I apply for smc.

I got denied housebound by fact for the same reason as Howell v Nicholson.

Because I was able to travel to medical appointments. Smh 

Guess the bva judge never read Howell v Nicholson.

Not one piece of my evidence before 2018 was even address in this bva decision.

Then the crazy part in the history they just run my disability together.

They never address that the buffalo ny regional never cretifed my appeal in 1993.

The court allow the the va to stage rate me from 1993-2001 20% for neck. 20%elbow/hand.

I was give extra schedulers tdiu from 1993-2001.

Because I was granted tdiu 2001 based on the neck 60%pt. And have never work since service.

all done to not address my smc in the proper light.

Well the last thing they remove this issue from the cavc remand docket and legacy appeal system.

An put me in the new ama system I never opt in.

Now I get a decision on my cavc remand tell me I can request a supplement review.

And I have a new 2021 docket number for a appeal that start 2018.

Well I will win the smc s they just kill there self by denied it because I can go to doctor appointments.

I will win the effective dates once the court address there errors.

Guys confine to one home is not been able to leave your home to make a income.

That the law under Howell v Nicholson.

 

 

 

 

[john999]

I got TDIU in 2001.  About 8 years later I got an extra 60%.  I did claim "S".  The VA did not award me "S" when they should have but they did call a CUE on themselves and I got a couple of years retro.  I would not hesitate to claim S if you are entitled.  Since that time I have gotten an extra 80% and gone to 100%.  Don't back off or worry about doing the right thing for yourself.

[Mr cue]

Ok is  here is my bva granted for extra schedulers tdiu.

Smc was never inferred in my case.

The bva has understood I have been housebound since 1993.

The bva has understood that I need help of other since 2001.

All my loss of use was never address for smc purpose.

Ok this is why I am frustrated.

The board understand all this but they refuse to address anything.

Smc benfits are effective by you record and granted by your record.

I have a 25 year record but they keep refusing to address it.

Yea I been do my homework I will be to the point this time at the court.

 

[pwrslm]

Being confined at home gives you a lot of time to get through this. I imagine you have done a lot of reading and studying on these cases which is a good thing. Just remember you have to live, to have things in your life that bring you joy and happiness and not the anxiety and frustration of teaching turkeys how to fly.

I know the obsession we can get into doing this, so I understand some about what you are going through. I think a good lawyer would probably have resolved this long ago because they have access to the governments lawyers and judges unlike we do pro-se. On the other hand, the work is a job for you I think and you have done very well filtering through all of the mess the VA created and winning. Gratz~~!!

[Mr cue]

I would agree this could of been done long ago and I don't believe a lawyer would change anything..

 I won the court remand.

The court told they to address and earlier time period.

Now it get back to the bva and they act like they can read or understand there own law and  va manual.

I am not ever tell a veteran not to use a lawyer.

Its just not for me after the things I seen and had happen 

Once I found out my appeal remain in appeal status from service. 23 years old 2 kids and a wife pay 98.00 a month.

When they were aware I could work

 

An the VFW the American legion the dro never told me. I been solo

 

I have not fought with the va since 2009. When I won the tdiu

I took a 10 Year break off

Believe me if I did need the in home care now I would be doing and going back and forth with them now.

But I was disabled at 23 I never worked I apply for ss and medicare.

Told I don't have work credits.

I will never get Medicare or Assist with  my need of in home care from anyone.

 so  how am I to pay for it.

I Go to the va hospital they give me 2 day a week tell me that all the budget.

Under the homemaker program.

 

So I guess I can only get dress 2 days a week.

So yes I fight my case hard because as you can see by the bva decision.

The va understand I have never work and will not be getting any ss or Medicare and that I need in home care.

The court has told them to address it.

An I still sit here with no decision on smc o and r.

Crazy part my case has been advance at every level because of my need of in home care.

See the va understand this is a smc r case.

 

 

 

 

 

[pwrslm]

There is something called a SS Freeze that will set aside the years you did not work due to disability. Just applied for my spouse, will not know if the approve it for 2-3 more months. She went through a MST that resulted in PTSD, with a severe startle response, anxiety, etc...she has not worked since 84 when we both left the Army. The idea is that they should award you benefits based on the work record from when you became disabled, which was when you were 23, and based on the work credits you had then, you would qualify if they approved the freeze.

you might look into this

[pwrslm]

https://secure.ssa.gov/poms.nsf/lnx/0426001010