The Issuance Of A Mandate From The Federal Circuit

[mos1833]

in 2004 the court of appeals vacated and remanded my claim.

in that same year the secretary opposed that decision and appealed it to the federal circuit.

in 2008 the usca for fedeal circuit,

summarily affirmed the remand of 2004,and issued the decision as a mandate .

with that said,

why would i need new evidence to reopen the claim when it got back to the court.

thanks

[lotzaspotz]

If this has been at the Board since early 2008, after the Federal Circuit affirmed the Court's remand, I would suggest that this is an excessive amount of time even for the VA to let this languish at the Board level. Berta gave you the number and email address to contact the Board's Ombudsman. Please consider calling that office to find out what they're doing. That should give you some direction as to what you can do next. You have an option open to you that might encourage the Board to get on the stick and reach a decision. It's called a Writ of Mandamus and you can research this action here on hadit.

[mos1833]

you are sooo right berta gives good info,and so does the rest here at hadit including your self.

thanks to all.

[Berta]

"if my claim is closed,, can i ask for a dro metting to try and explain how the va screwed up my claim ?"

DROs are only at the Regional Offices.

In 2013 you posted this:

“Posted 17 July 2013 - 09:24 AM

"i got denied in march at the court,which means i cant appeal that claim any more,is that right ?"If it was a Federal Circuit decision, that is right.

"i told the va i want to re-file the same claim.

so they sent me the forms for a fully developed claim."

Did you file the FDC?

What did the BVA Ombudsman say as to the status of the remand/mandate?

I actually dont think the VA as any further jurisdiction over that claim and you need to send them new and material evidence to re-open it.

[Berta]

Just to add, this was good advise you got here:

As I recall (but I could be wrong) the VA said there had been no Discharge certificate found in your Mil records or nothing else to support a back disability/injury inservice. You relied on buddy statements from family members

If your handle here, MOS 1833, is Assault Amphibian Crewman ,UCMC, I am sure your unit would have a web site whereby you could possibly get buddy statements from any unit member, same time same place, who had observed whatever the injury or event was that caused your back problems.

Buddy statements are easier then they used to be, with so many units having web sites on line. Many have 'lookin for' areas as well as re union rosters. Nothing is impossible.

Even googling a name you recall from your unit might help.

[mos1833]

As I recall (but I could be wrong) the VA said there had been no Discharge certificate found in your Mil records or nothing else to support a back disability/injury inservice. You relied on buddy statements from family members

If your handle here, MOS 1833, is Assault Amphibian Crewman ,UCMC,

berta, thanks again

the va said there was a discharge certificate and used it against my claim,and so did all the c/p examiners as the most probative evidence against all my claim including my lay teastemony. thats there smokeing gun. but guess what ??? it not there.

ived asked them to show it , but they never do respond,there is a form 88 but what they say it says is totally wrong, they say it says i had a normal back condition at seperation,its just the oppsit, and its not even signed.

and yes i am a tractor rat mos - 1833 and proud of it but i was attatched to so many out fits for such short periods of time,no body recalls me in there outfit.

below is what they say is proof my back was normal at seperation.

my seperation.pdf

and they used it against my lay evidence.

the number for the bva dont work for me , it says to redial and try again.

i never filed fdc claim yet ,not sure it the right thing to do at this time.

i was thinking that a dro might let me show the fools what in my file and whats not, thanks all

Edited February 24, 2014 by mos1833

[mos1833]

i just added the doucment ived been talking about in the above thread.

the va says it carrys more weight then all my evidence.

the examiners also quoted this document as most convincing that my back was normal when i was seperated.

but thats the wrong interpretation.