VA lawyers are a joke.

[Mr cue]

Man I can't get this out my mind.

Here is the VA lawyer response to the Howell v Nicholson issue in my case.

Housebound by fact.

I may help other understand housebound by fact.

Well I just got told the effective date is the date of claim an that is the end of it. Lol I cant make this stuff up.

They don't address when and how effective dates are to be handled for smc. Smh Barkley v Peake.

They will not explain the part we're it stated been confine to one home is not been able to leave to make a income.

They are refusing and hope the court doesn't address it.

This is how the VA works and these are VA lawyers do you think they don't understand the case.

 

THE BOARD PROVIDED AN ADEQUATE STATEMENT OF REASONS OR BASES WHEN DENYING AN EFFECTIVE DATE EARLIER THAN MAY 9, 2018, FOR SMC BASED ON HOUSEBOUND STATUS UNDER 38 U.S.C. § 1114(S) IN ITS NOVEMBER 23, 2021, DECISION.  
 
Appellant argues that the Board in its November 23, 2021, decision provided inadequate reasons or bases as to SMC at the housebound rate.  [App. Br. at 2627].  This argument is without merit. 
Pursuant to 38 U.S.C. § 1114(s) a veteran is entitled to SMC if his or her service-connected disabilities render the veteran permanently housebound.  The requirement of “permanently housebound” will be considered to have been met when the veteran is substantially confined to such veteran’s house or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout such veteran’s lifetime. 38 U.S.C. § 1114(s). Generally, the effective date of an award “shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefore.”  38 U.S.C. § 5110(a); see 38 C.F.R. § 3.400 (“Except as otherwise provided, the effective date of an evaluation and award of . . . compensation . . . based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later.” (emphasis added)).  However, in a claim for an increased rating, the effective date may date back as much as one year before the date of the claim for increase if it is factually “ascertainable that an increase in disability had occurred” within that one-year period.  38 U.S.C. § 5110(b)(2); 38 C.F.R. § 3.400(o)(2).  It is well established that a Board determination of the proper effective date is a finding of fact that the Court reviews under the “clearly erroneous” standard of review.  38 U.S.C. § 7261(a)(4). 
Here, the record reflects that, on May 9, 2018, Appellant filed a claim seeking SMC, [R. at 2204 (2203-06)], which serves as the current effective date for SMC at the housebound rate.  See [R. at 48]; [R. at 745-49]; [R at 996 (988-96)].  In this regard, the Board found that “the record indicates his eligibility for statutory housebound status arose due to service connection for adjustment disorder being granted from May 9, 2018” and “as of May 9, 2018, the Veteran had one disability rated as totally disabling.”  [R. at 48].  Thus, as the Board found, the facts in this case do not support an effective date prior to the May 2018 date of claim.  Id.; see 38 C.F.R. § 3.401(a)(1).  While Appellant argues that the Board provided inadequate reasons or bases for denying SMC at the housebound rate because it did not define the relevant term of “substantially confined,” [App. Br. at 26-27], the earliest possible effective date for SMC statutory housebound eligibility has been assigned.  See Lamb v. Peake, 22 Vet.App. 227, 235 (2008) (holding that there is no prejudicial error when a remand for a decision on the merits would serve no useful purpose).  Crucially, Appellant fails to explain how any such definition could result in an EED and the argument should be rejected by the Court.  Hilkert, 12 Vet.App. at 151; Brewer v. West, 11 Vet.App. 228, 236-37 (1998) (holding that where appellant offers “mere assertions . . . for which he has not provided any legal support, . . . the Court need not deal further with such a vague argument

 

[Mr cue]

Well here we're are starting the 5th week of my case been with the judge.

Man I just need to vent some man I can't believe I apply for smc benfits an this has been nothing but a fight for the last 4 almost 5 years.

I am starting to feel the court is going to get all in my case again and will vacate or set it a side again.

An let the VA drag it out more.

My mental has been everywhere this month. Smh.

I just got to shake it. 

I just hope I get a real decision from the court this time. That address all the errors and the court write an order that the VA can't play with this time.

Ok I am done let me try an find something to take my mind off this today smh.