I think waiting on a decision letter might be worst than the process

[Mr cue]

Man this sit around waiting on a letter is mess with me I ain't call in two days.

I feel I am upset my self for nothing then ppl ain't going to say anything.

I keep looking on ebenfits trying to figure out what they granted. Smh.

I can't get happy because last time the judge switch one month of smc s to smc l.

I got 300.00 retro lol.

I keep try to break it down there was only two issue left under the cavc remand docket.

Smc o and r and loss of use under smc benfits smc m.

Now they remand the loss of use for six months they comp exam shopp it I refuse there exam.

I already had a favorable  specialized loss of use comp exam done by the VA.

Anyway the soc on address this.

Not the smc o and r remand by the court.

So my thought is it the smc r or o.

 Lol.

All this in my head when they could of just put the letter for the smc.

Ok I done venting again lol

 

 

 

 

[broncovet]

This is exactly why most Vets advocates suggest getting a hobby.  Visit grandchildren.  Read a book.  Go fishing.

Make things out of wood.  Take pictures.  Write people you love a letter and tell them.  Go to church or visit museums, or watch your favorite movies.  

Do what it is you like.  There isnt much you can do to speed up that letter, so involve yourself with something else you love, and Poof..there will be your letter before you know it.  Remember, "A watched pot never boils".  

Its kind of like planting corn.  You dont dig it up the next day to see if it grew.  You just have to wait.  Again, "waiting" isnt always bad..The degree or depth of frustration in waiting is a choice you make.  Dont try to "not think about it".  Its almost impossible to tell yourself, "Im not going to think about that".  Instead, you purposely think on other things.  

[Rivet62]

19 hours ago, broncovet said:

Do what it is you like.

There's bittersweet irony to having all the access to MWR facilities now that I'm service-connected disabled. Even the prospect of Space A travel as I near a possible 100% P&T is increasingly out of the question.  There's a vicious circle I experience between Major Depressive Disrder and my spine problems and I liken it to a cul-de-sac...lol...I have arrived.  

[john999]

If you totally focus on when you will  get a decision you will drive yourself crazy.  If you are currently able to pay your bills then just relax like Bronco says.  I shed 20 pounds waiting on money from various sources when I lost my job back in 2001.  I felt so bad and useless waiting on money and worrying about what was coming next.  It was all just useless because the wheels turn slowly.  As soon as some money started coming in I was OK.  You have 80% now.  Do you have SSDI?  Do you have any sort of pension?  Do you have an IRA or savings?  If you are not destitute then relax.  For about six months I had no money coming in and that was bad.  If you have money don't worry. These things resolve themselves in time.

[Berta]

These guys are right Mr. CUE, and we have all exerienced the anxiety of waiting for a VA decision-

I heard back from Ken Cartenter-and he certainly  seemed Optimistic about your  HB issues.

His take on Howell is far different from my take on Howell-but in any event he is the Greatest- in my opinion-

and with full access of your VA issues, I am sure he will try to help you.

By the way all- some US CAVC cases are heard and can be seen on Ytube:  (I think) I have not tried this yet)

Freund v. McDonough 21-4168

246 views

 

 

 

 

[Berta]

just to add- the US CAVC home page has that link to Utube as well-

http://m.uscourts.cavc.gov/

No one should overlook the CAVC web site-

They publish their most recent decisions, every three days ,  and they list the Precedent setting decisions separately.

http://www.uscourts.cavc.gov/recent_decisions.php

If a precedent setting decision would apply to a specific  claim- and claimant  can cite it as evidence.And send then the whole thing.

This recent case ( Ken Carpenter representing the veteran)

was in the precedent list- I dont know why-I have not read the whole docket yet---in any event a Very good read:

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01208474248&caseId=103699&dktType=dktPublic

As you can se, this was a Very unusual case:

in part:

"TOTH, Judge: This case is before the Court on remand from the Federal Circuit. Philbrook
v. McDonough, 15 F.4th 1117 (Fed. Cir. 2021). The Court remands to the Board for further
consideration in line with the Federal Circuit's decision.
In a June 2018 decision, the Board denied a rating for total disability based on individual
unemployability (TDIU) under federal provisions that prohibit the assignment of a TDIU rating to
a veteran who "is incarcerated in a Federal, State or local penal institution or correctional facility
for conviction of a felony." 38 U.S.C. § 5313(c); accord 38 C.F.R. § 3.341(b) (2021). In a May
2020 memorandum decision, this Court affirmed the Board's decision, holding that the plain
language of the statute ("incarcerated" in a "correctional facility") coveredthe veteran's situation—
confinement at the Oregon State Hospital after entering a stipulation of guilty except for insanity.
Mr. Philbrook appealed to the Federal Circuit, which held that "the Oregon State Hospital is not a
'penal institution or correctional facility' under § 5313(c)" and reversed this Court's "decision that
Mr. Philbrook was barred from receiving a TDIU rating as a matter of law." Philbrook, 15 F.4th
at 1121.
Accordingly, the Court VACATES and REMANDS the Board's June 19, 2018, decision
denying TDIU for readjudication."

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01208474248&caseId=103699&dktType=dktPublic

 

 

[Mr cue]

Berta yes I am going to let Ken handle my issues.

Yes I have been through the wait on a letter thing before many times

What bother me was denied higher level smc and granted higher level smc. On VA.gov

They usually have the condition on it. In my case smc letter should have been put on there.

But that is here or there and just my opinion an me venting.

The housebound by fact that he will be fighting if they take me case.

Is for all veterans that are tdiu based one condition. Not just me.

They should be inferred or granted smc s. Howell v Nicholson.

He feels the court didn't rule on this yet I feel the court did.

Other feel it didn't address anything.

So it's time the court tell what there real intention was and is.

I just hope the firm take it I really don't feel like fighting it but I will continue.

I will get it remand by the court.

The decision I am waiting on that was made feb 14.

Is the remaining issues that was remand by the court last year.

Loss of use smc benfits and smc o and r 

It say one got granted and one got denied.

See I think we're I am going to have the problem is do I want the firm to handle it once it remand by the court again.

That were 30% of my back retro come in to play.

I could let the VA play with me  or I could go back with the firm an not play no game. That will cost me.

Decision decision decision lol