Today was a good day at the cavc

[Mr cue]

No I didn't win my case yet.

But there was good news.

Well I put in my appeal to the court.

I ask to have my case advance again and to have a pro se telephone conference with the court and the va lawyer and a lawyer from the pro Bono program.

The lawyer is not handling the case for the smc benfits but he will be appointed by the court and pro Bono program just for the telephone conference.

It a new thing at the court for pro se veterans.

Thought I would put it out there in case a veteran feels or have to do there appeal to court pro se.

Last thing the crazy part the judge is judge Bartley again.

The same judge that my petition for extraordinary relief has been in her chamber for two months.

Well I ask for the va to be sanction.

I found a cavc case were the court was going to sanction the veterans affairs for mishandling of a cavc remand.

Ok I am done but this is good news to me.

 

 

On December 6, 2021, self-represented veteran  filed a Notice of Appeal (NOA) purporting to appeal a November 23, 2021, decision of the Board of Veterans' Appeals (Board) that denied entitlement to effective dates before May 9, 2018, for the grant of special monthly compensation (SMC) based on housebound criteria and June 11, 2018, for the grant of SMC based on aid and attendance criteria.  On December 21, 2021, Mr. filed correspondence that he characterized as a motion to expedite proceedings under Rule 47 of the Court's Rules of Practice and Procedure (Rules) and for the Court assist him in securing representation for a Rule 33 conference.  Under Rule 27(e), except as under limited circumstances not at issue here, "no more than one subject may be addressed in any nondispositive motion."  However, the Court, mindful that  is unrepresented in this matter, will construe his December 2021 motion as one seeking only to expedite proceedings.    To that end, this matter was previously before the Court in v. Tran, No. 20-4110, 2021 WL 485865 (Vet. App. Jan. 29, 2021), and those proceedings were expedited under Rule 47(a)(3), based on Mr. s serious health condition.  Because there is no indication that Mr.  health has improved, the Court will grant his motion to expedite proceedings in accordance with Rule 47(a)(3).  As for Mr. request for representation for the limited purpose of a Rule 33 conference, he will have the opportunity to opt into The Veterans Consortium Pro Bono Program Rule 33 pilot program at a later stage in the proceedings; further information will be sent to him when he receives the notice to file his brief.    

 

 

Well this made my day I will not be waiting a year for my appeal to be done at the court.

An now the lawyers will have to address my Howell v Nicholson percendent.

Not been able to leave my home to make a income.

Housebound by fact smc s back to 1993.

Smc l back to 2001.

Loss of use under smc benfits from 1993.

 

This is great they can no longer duck and dodge. The issue.

The fight continues but it is coming to a end.

Last it call fighting the veterans affairs with the law

[ArNG11]

I hear ya Lima Charlie on that.  We will all get the justice we helped fight for.  I hope to see that happen in my lifetime. It would make me genuinely happy.  Keep up the fight brother.   Keep up the fight.