TDIU and SMC S

[Berta]

There has been a lot of discussion here on SMC s and maybe this BVA case will explain our points on it:

https://www.va.gov/vetapp21/Files7/A21012520.txt

or this one:

https://www.va.gov/vetapp21/Files11/A21018338.txt

or search the BVA for TDIU and SMC - the denials are as important as the awards and remands.

[Berta]

   LIve chat at above 

https://cck-law.com/blog/10-cavc-cases-all-veterans-should-know-part-2/

Mr. CUE -Why not ask them if Howell V. Nicholson is Precedent setting-or if they have any idea if he ever succeded.

I will continue  to try to find his BVA case, that he appealed to the CAVC.

 

[broncovet]

Great idea, Berta!  When in doubt, ask an expert!

[Berta]

Maybe better yet Broncovet-

Mr. CUE :

Why not call Ken Carpenter- He  represented Howell at CAVC :

https://www.vetadvocates.org/users/kenneth-carpenter

I dont think Ken handles VA claims per se, anymore- and is certainly one of the BEST!!!!

I was surprised to see he now has email  but I spoke to him by phone many years ago, when he did not use emails at all for claims. - and it was a  fabulous conversation.

He had sent me a letter to call him when he saw my Petition Extraordinaire at COVA.

I told him it was a petition mandamus and he didn't handle much stuff like that.None of the 12 lawyers who contacted me would rep me on it.

When I told him I sent  a copy of it to my VARO to maybe get some thumbs out of butts there, he laughed and then he was surprised at my VA history claims- wise at that point and we talked for over an hour on VAOLA.

BTW, it did get thumbs out of butts at the RO level. It forced them to read my evidence.They awarded within a few months.

I could have cued them but I did not have a good handle o CUE then. This was around 1996.

COVA Court of Appeals of veterans claims ( Now US CAVC.)

I had to promise to pay them a few bucks by mail  to get copies of their decisions by fax.

 

Edited February 14, 2022 by Berta
added more

[Mr cue]

21 hours ago, Mr cue said:

DOCKET NO. 09-19 043  4/11/12.

This is my evidence that I have been confine to my home.

What is a doctor imo to say that you were confine to your home and could make a income.

1 hour ago, Berta said:

I regret that my advice here is the same as it was- it is possible an IMO/IME doctor with expertise in the field of your disability, and with proof of Housebound criteria, from your medical records and any other entities ( lay statements etc) could change this for you .at

Yes i don't understand what ppl are looking for a doctor to say.

The last thing ppl keep saying the court did rule on this case yes they did.

Because the meaning of the term “substantially confined” is ambiguous and there is no regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s obligation” thereunder

 

So did the court rule what the confine to one home means.

 

So if housebound by fact confine to one home is not been able to leave your home to income.

Rule in by the court.

What evidence would you need to win.

Evidence that you could leave you home to make a income.

We all understand that the VA is not go to go back an look at every veterans case.

To granted it.

My advice is they veterans who apply for tdiu also apply for smc s housebound by fact.

An I bet they will granted it.