Not precedent but here it is Inferred SMC by record after filing for TDIU

[pacmanx1]

Thanks.

I may be wrong, but I am at the point of it is more of a quality-of-life thing. This new separate rating has taken over two decades, and I just want it done. The VA/BVA are playing games and I am done; they both play games of increments. There is no reason for the Board to grant an appeal without a rating only to remand it to the RO for them to low ball the rating and then take several years to go back to the BVA for a new decision. The BVA granted my appeal a decade ago and now it is going back to the CAVC for them to make a new decision on something they already decided. It should never be “Please Sir can I have a little more.”  Veterans begging for benefits that the already qualify for but the BVA/VA play games hiring more and more employees who I think and know can read but choose to insert their own opinion over their regulations.

 

[Mr cue]

On 5/19/2022 at 8:37 AM, pacmanx1 said:

The Board notes that VA's duty to maximize a claimant's benefits includes consideration of whether his or her disabilities establish entitlement to SMC under 38 U.S.C. § 1114. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2011); Bradley v. Peake, 22 Vet. App. at 280, 294 (2008). Thus, when the Veteran filed his claim for a TDIU in August 1998, VA had a duty to not only consider whether he was entitled to a TDIU, but also whether a grant of TDIU also entitled him to SMC at the housebound rate.

This is what I been fighting an believe me it ain't going to be easy.

I am at the court now and the VA lawyer will not address that the VA is to infer smc.

They are say I don't have a formal or informal claim that was for smc.

Everybody understand that the VA only grants smc s when a veteran is 100plus 60.

But there is housebound by fact which Congress stated is for veterans who can overcome their disability to leave home to make a income.

 

Well to me the one group of veterans who will never I've come there disability to earn a income is tdiu veterans.

I apply for smc benfits the VA Never infer them in my case and now they will not address anytime period before I apply.

Crazy when we all understand that smc is granted and effective by the record.

If you don't address anytime period before I apply. How can it be proper.

Well this is my 2nd time at the cavc. An they still will not address it even with me have a lawyer this time.

Not at the phone conference or in there brief.

It's like they just refuse to even look at it.

Well good luck they will fight you on this one I believe.

Crazy part they inferred tdiu 2001 on this base. But never address smc s or any smc.

 

 

[broncovet]

I agree Pacman.  Its easy to get "fedup" with VA's hamster wheel cycle of delay, deny, lowball, remands, more remands, again and again.  

When you get tired of fighting, hire a law firm to fight for you and forget it.    I have done exactly that.  

It reminds me of when world champion Karpov, played "Deep Blue" the computer in chess.  The computer team had multiple, multiple experts, and programmers, plus the computer does not get tired, while the human opponent does.  

With Va, they always have more humans who get paid to fight us..and they are fresh and know they can "wear us down".  

Its easy for Va to deny.  Hard for us to appeal it.  

[Richard1954]

On 5/22/2022 at 1:58 PM, Mr cue said:

Everybody understand that the VA only grants smc s when a veteran is 100plus 60.

Thats only true of housebound, But there are other SMC's that do not require a 100% rating. 

It is true however that the va is supposted to award any SMC without the veteran asking for it,  but they fail to do this more oftern than not.

Edited May 28, 2022 by Richard1954
reword statement