Legacy claim question

[Berta]

I asked this question yesterday I think but cannot find it here.

A friend I have from the original hadit board has been in appeals for many many many years-

He has done very well so far but this is my question:

On a remand from the BVA he succeeded in a big claim but they denied again, some other claims that had merit.

I dont seem to have his  entire award-yet- 

Does this mean that the RO will pay him any retro- if due to him-(it might involve a higher SMC level-and was a Fenderson rating)-and then send his remand back to the BVA  ?or

is he eligible to respond to their SSOC with more evidence ( actually evidence they already have but did not mention it in the denials)

and can he file a supplementary claim on the recent RO decision?

I find the AMA confusing and sure am not the only one here- but the good part is that if he has to go back to the BVA , without challenging the denials,at RO level, his evidence is great and the BVA can READ!

I feel he has a valid CUE in the denial part of the decision, but I also feel, if the claim is sent back to BVA, that the CUE should be filed after RO takes that step-

but the BVA might grant the denials or at least one of them and I would not want a CUE at RO Level to slow down that process.It probably wouldn't.

This is the same VARO I have dealt with since 1995 and they have proven to me they will sit on a CUE ,if they can, because they cant read.

My SMC CUE took 8 years. A different VARO awarded it in a heartbeat.A CUE on this Recent decision however, in my experience, might well get adjudicated fast-

My subsequent CUEs on Recent decision ( like I filed and mailed the CUE the day after I got the denial) took 3 weeks to be reversed.

Thanks for any input- this is a veteran who Never Gave Up , a frind from the older hadit board long ago-and has been VERY  Proactive with all of his claims.

He is Very smart too-but VA doesn't want us to be smart. Maybe later today I will get what I seem to be missing in the multiple pdfs.... VA told him what was next- I assume due to Legacy appeal they will send the remand and SSOC back to the BVA.He can send the BVA the evidence he has to overcome the denials.

But I sure would like to help him CUE them.( the RO) He got another success award  a few months ago on something  and they sent him the retro right away.

I dont know if this newer award will garner him any more retro-sometimes that can happen.

 

Thanks for any input!

 

 

 

 

 

 

 

 

[Berta]

To clarify- if a vet has two different  and separate 100% ratings, that woud just put them into SMCs (unless there are other mitigating factors)

That is why my SMC CUE claim succeeded. They awarded both 100%,so - plus over 60% SMC and also awarded  HB, but only paid for one SMC as accrued.

The CUE was prime facie- for SMC S  , but I had sent enough medical evidence for HB as well.

[Mr cue]

Ok this is what I see coming next.

They didn't granted anything on the board remand. So by law it is to be return to the judge.

Ok here is were they put veterans in a longer wait.

They will tell him he need to do a new va form 9 or a new nod.

To return it back to the board.

They will take the VA form 9 or the new nod an started a new appeal stream.

This changes the old docket number to a new docket number.

Back to the end of the line.

Say he start the appeal 2016 if he continues the appeal he should have the same docket number.

But each time they remand and make u do a nod or a VA form.9.

They are changing docket numbers on board remand and court remands.

This is way veterans are waiting year in appeals. Some

Ppl really need to keep a eye on your docket number.

Because anytime they have you do a new nod or VA form 9.

They will change it to the date of the new nod or VA form 9

 

[Mr cue]

Ok my be if I say it this way ppl will understand were I am coming from.

Ok you get denied you appeal and do a form 9.

They docket your appeal at the board. Say you got a 2015 docket number.

Ok the board remand your case to the ro. You get denied.

Is your appeal to be return to the board? Yes.

Ok the ro send you a letter with a new nod. To return your appeal back to the board.

Now if you did a nod why are veterans been told to do a new one?

To continue a appeal started in 2015.

Ok now when u do the new nod they will change your docket number.

To the date of the new nod. Ok say it 2019.

If they give you a new 2019 docket number. Based on the new nod

Did you not lose 4 years on the docket?.

Wouldn't you be starting over at the end of the line now?

is a bva remand or a cavc remand to be return to the front of the line by law?

advance on docket and remands are handle first right?

Well if they give you a new docket number it treated as a new appeal.

Not a remand.

 

I only am stating this because it happen to me.

An I feel why you say he has been fight a appeal for years.

I bet a lol if he look at his docket number it has change a few time.

This is why ppl have to fight for the effective date. After a award.

Because they use the new appeal date nit the original appeal date.

Until you bring it up.

Ok I am done I could be wrong be.

 

 

 

[Mr cue]

1 hour ago, Berta said:

To clarify- if a vet has two different  and separate 100% ratings, that woud just put them into SMCs (unless there are other mitigating factors

Sorry I miss this I wouldn't have put all that in the thread.

Berta there is a real problem with the VA an smc benfits.

I think alit of these rater and judges don't understand it.

I will say I don't understand it all the way.

I don't see many decision were the veterans was give or granted houseboud by fact. Smc s.

They are all 100% plus the 60%

If he had two  100% I would believe he should have got smc s

 

[Berta]

Thanks but the veteran I asked about won the main part of the appeal on remand and it is another 100% SC rating . He already gets SMC S

My question is :

Since they made an award under remand but 3 issues were denied, in a Legacy apeal, I think the RO automatically sends it back to the BVA, and that opens the door for more evidence-so I dont think he has any other recourse at the RO with the SSOC.

The RO  clearly seemed to violate the remand and I think at last one or two of the denials are ripe for CUE at the RO Level.

I guess I am not explaining this correctly.

This is an unusual claim with many profound disabilities, and I will get out my VBM 2020-2021- and hopefully find the info I need. Or maybe it will be in his email to me.

[Mr cue]

To me he should get a whole step up from smc s to l

For have the extra 100% rating.

They just gave me a half step for have another 50%rating

They call it smc p were they make the steps.

Basically this how you increase it smc.

That the way I see it