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BVA Grant Update

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pacmanx1

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Shock and in awe, well the BVA finally decided to address my last remand. Talk about going around in circles. The BVA judge still refused to address all my issues even after my last CAVC JMR. Now I am trying to figure out my next move. The BVA awarded an initial rating percentage to match my correct effective date going back to my original claim but refused to review my records to award an EED of my TDIU rating going back to my last day of work.

When the VARO received my BVA grant, the VARO decided to address the issue of my TDIU effective date and granted my EED going back to my last day of work and settled that issue. My new TDIU effective date is now covered under the 20-year protection rule.

Now I am trying to work/figure out how to get the VARO/BVA to address my CAVC JMR Order to address my SMC-S issue. I have a year to decide or let my attorney take it back to the CAVC, but I still have one last AMA appeal at the BVA that might take care of that issue. Time to address my forever home dreams.

Edited by pacmanx1
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Congratulations on the partial win. I personally would let your attorney deal with it. That’s where I at with mine. 

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If I understand your post correctly.

You may have to ask the BVA to reconsider their decision in a Reconsideration Request Appeal to the BVA of their recent decison and explain in full explicit detail where they errored in their decision.  May or may not require a lengthy writeup on your part.

This will also extend your appeal of BVA decision further than the one year.  If they deny your Reconsideration request then you have other options to pursue such as appeal to CAVC or file CUE claim against the BVA, etc., etc.

You can also file a separate claim for SMC-S to the VARO if they did not automatically correctly award you SMC-S as they supposed to do.  MUST EMPHASIS THE CORRECT EED in your claim.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

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Filing a Request for Reconsideration at the BVA is like filing an HLR, it is a total waste of time. Even if you have legitimate evidence and or information they are going to stick with their own prior decision. My appeal is back at the CAVC waiting to be considered. In my particular case, I may very well have to file a claim for SMC-S but since the VA sent me to my last C & P exam prior to my decision and the examiner already stated that my disability precludes employment, why should I have to file a new claim for SMC-S?

Let’s keep in mind Buie V. Shinseki, where the VA is supposed to have a duty to maximize the veteran’s benefits. That is their job, not only do I have a medical opinion, my initial BVA decision acknowledges that my new disability precludes employment, and the CAVC specifically remanded my case for the BVA to do just that. This BVA decision did comply with the CAVC remand but instead of considering Buie V. Shinseki, the BVA judge based his opinion on his duties and personal opinion and not the already established law that Buie set.

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