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20 Years Worth Of Remands

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Forgottenvet3

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i recieved my decision today from the board of veterans appeals.they have been remanding my service connected claim for 20 years.in the last couple of years ,i have had 3 different board requested imo's.this is my problem.the last board requested imo that i recieved,the doctor admitted that my disability was aggravated because the doctor refused to give me the medication that i had been taking before i went on active duty .this refusal caused a psychiactric break down after i ran out of medication after one month of active duty.their doctor admitted that this aggravated my condition.but at the same time trys to blame my problem on drugs and alcohol .i got an article 15 that clearly shows what happenened the day i had a mental breakdown due to their refual to give me the proper medication.i was never cited for any substance abuse.the board keeps getting these doctors to make my claim look bad.i dont know what to do .my lawyer said i might need a private imo.i think the board is waiting for me to die.it has been 20 years and each time the board finds was to punch holds in my claim.

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There is a simple form the Court of Veterans Appeals sends a veteran who is filing a writ petition without attorney representation. If the veteran can't afford the $50 filing fee, the veteran can claim financial hardship and the petition will go forward. It's in very plain English, not lawyer-speak.

If the conditions appealed were denied by the RO prior to 2007, the veteran cannot use attorney representation for them prior to their reaching the Court of Veterans Appeals. The problem occurs, of course, when they get bounced around between the Board and the RO so they never reach the Court of Veterans Appeals, which appears to be the case here. However, you said you have a lawyer, so has one of the remands in the past come from the Court sent back down to the Board, or were they all Board remands going back to the RO? I'm a bit confused on that point.

Under the circumstances you describe, forgottenvet3, I would strongly encourage you to file a writ petition. The VA will be required by the Court to explain its actions and rationale to the Court, which normally results in some movement leading to a decision. You'll then lose the petition, but only because you received the action you requested.

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Broncovet, go to www.uscourts/cavc.gov and look through the cases heard the last three days. There are scans of these forms filed by pro se vets. In fact, the responses are handwritten. You'll see what I mean. You'll find them under appellant's brief. The questions are easy to understand.

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