ptsd Legal Recourse Regarding Due Process

[emptyshell]

I have a claim with two issues one is for PTSD, the other which was an ongoing percentage increase for my lower back.

BOVA vacated both issues in 1998 due to not being afforded a Neurologist and an Orthopedic Surgean as well as a Psychiatrist to test by the guidelines. It was remanded back to VARO to have these done.

In 1998 I went to my C&Ps and was denied because they said I did not go even though they received the information. I proved I did go and BOVA vacated that decision and remanded it again in 2001.

I was then again sent to my C&Ps. Both were denied due to VARO not following the guidelines set in the remand. 2004 the THIRD TIME and 10 years later BOVA has again remanded it back to VARO to follow the the guidelines set in the remand from 1998 which again states I am to see an Neurologist and an Orthopedic Specialist which they continue to diregard. My last C&P for my back issue was done in 2008 by a general practioner and a later followup by an ARNP.

My C&P for my PTSD was done correctly in May 2009, but when I got the statement of the case, in May of 2010, I found they mislead or misquoted the examiners comments and again reverted back to previous examiners that already had been vacated from the 2004 remands due to the examiners not following PTSD exam guidelines.

Now I Denoved this statement of the case to VARO because they still disregarded BOVAs remand set in 2004. I found out in August of 2010 that VARO has sent my claim to BOVA anyway after doing the denovo.

Now once again I will have to write a statement to BOVA to request they vacate the back issue due VARO's gross disobedience and blatant diregard for BOVA's remands from 2004, 2001, and 1998.

How many remands and vacates will BOVa allow VARO. They are clearly going against what Washington is requesting and there seems to be no penalties or time limits set upon the VARO. though I had due process but obviously I was wrong. Has anyone ever been successful is arguing that VARO should do what Washington BOVa instructs them to do. I am getting older and this is so blatant and unfair that VARO just keeps sending me to ARNPs and Practioners for my back and the only time I did get to see a Neurologist and an Orthopedic Surgean was in 1998 and the VARO said they never got the C&P exam results. They just blew me off and first said I did not go to them and then later I proved I did and they just never could find those results(HOW ODD) This was why BOVA remanded in 2001 because they saw they I did go to those appts.

They continue to screw me over and what recource do I have. Is there something I should state explicitly in my statement to BOVA this time that will help my case? I have had 3 remands and vacates coming up on 20 years. Is there any legal recourse against VARO who continues to disregarg BPVA remands??? VERY FRUSTRATED!!!!!!

[john999]

I think you should concentrate for the moment on getting 100% or IU if you can't work. The VA can bat you back and forth between BVA and VARO and CAVA for decades.

[broncovet]

Welcome to the VARO BVA CAVC AMC hampster wheel. The VA has you in just the place they want you...delay until you die.

You probably need to do something drastic to get if "off the wheel".

This might be a good time for a Writ of Mandamus at the CAVC. You might say something like

"This Writ is to require the VARO to fully comply with the BVA order"....or something like that. In your writ, cite the BVA decision(s) and how the VARO failed to comply.

Your writ will be denied, however, it exposes the VARO and they dont like that.

[allan]

I have never heard of BOVA or CAVA. Are these new VA agencys?

[john999]

I think we are talking about BVA and Court of Vet Appeals. It is possible to spend a decade in appeals and remands and appeals going from the VARO to the BVA and then to the Court and back to the BVA and back to the VARO and then right back up the chain again. New evidence is one way to short circut this, and the Writ of Mandamous is the other. I would say that you need to get a lawyer if you go beyond BVA on the way up the chain.