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Mr cue
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Posts posted by Mr cue
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40 minutes ago, asdf said:
VA Form 20-10207. They include homelessness, financial hardships, terminally ill, 85 years or older, MOH or PH, ALS.
It also state any other reason that is found I believe it stated something like that.
I have been advance at every level ro bva cavc do to my need of higher level in home care.
I just show my doctor reports and in home care plan and the paperwork showing the VA hospital was paying for the services.
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Yes you send the request to the regional office. If you are just starting the claim. You have to ask for it to be Expidate
If it is a bva appeal you have to request advance on the docket.
Either one all you have to do is get the hospital record about the hospital stay an include them. With the write request.
A Google search will tell you were to send it and how to. Because I think they weren't just send to the intake center.
I do believe they were process by different departments at both the regional office and board.
Been a long time Since I did it 2018 an got it granted it's not a hard thing
Google search will tell you were to send each.
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15 minutes ago, pacmanx1 said:
The fact of the matter is simply, if I had taken your advice, I would have lost a nice five figure retroactive paycheck above my already monthly payment
Why do you feel that you have to pull me in everything you post.
I haven't post on this thread in days but you feel the need to keep attacking me.
I didn't and have never give you any advice. I don't give advice.
I give my opinion on things
You so fix on me you can even address the post.
Enjoy your day
Like I said if the VA wouldn't process my claims I apply for smc t and TBI.
Until I apply for tdiu and I am 100% for PTSD
I would withdraw the claim and start new.
But also I feel a writing statement stating that you are applying for smc t and TBI. An not tdiu should do it.
we are all just stating our opinion not give advice.
I don't understand why you keep talking about your win.
8 year tdiu extra schular won with no lawyer based on a cue I did. 6 figure Based on my own knowledge. Not a lawyer.
So I think there is no need to put our winning out there. Smh
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Well I complete the brief and motion for full court review.
If any veteran are interested
There is percendent that cavc remand are to be track an must be treated expidate.
Grove v Nicholson precedent.
My argument is the VA are call cavc remand downstream issues.
They are ordering veterans to do new VA form 9 and nod.
Which they are taking an starting new appeal stream and docket numbers.
Removing the cavc tracking and expidate treatment.
This is volating grove v Nicholson precedent.
Now I understand it a long shot. To get the full court to rule on it.
My hope is that it wake the VA and bva up to address my cavc remand and stop holding it.
Last after this I am able to take the issue to the federal circuit court.
So the VA will get this right one way or the other.
I even ask the court to address the bva volating court precedent by keep ordering exams after a cavc remand.
To address if a veteran refuse anymore exams and VA duty to assist an ask for a decision based on there record.
What law allows the VA to keep ordering exams an not make a decision.
Here is court precedent. So the VA is volating it by trying to introduce new evidence to my cavc remand.
Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s pro
So we will see what happens.
The VA has even remove my cavc remand from legacy to ama.
When I never requested it
Made me do a new nod and used it to remove cavc tracking and docket number.
An now refuse to merge my appeals back together.
It just crazy. They just hope I can't handle 3 different appeal in two different appeal system. With all different docket numbers.
Last thing this was one appeal remand by the court. An now it all theses different appeals.
This is all been done on purpose.
If I have 3 different appeal with different docket numbers.
My issues will never be given a proper decision.
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Here go one of the issues
The VA is ordering me to do new VA form 9 or nod after ever cavc remand.
They are even stating I have to do them to continue my cavc remand.
Once I do them they are take them starting new appeal streams. Give me new docket numbers
An removing cavc tracking and expidate treatment.
Grove v Nicholson precedent stated how cavc are to be handled and track in the system.
My pending appeal from 2003 remand by the cavc has. Now been change to a new appeal. 23
This is the bva response to a iris.
If you see they are stating my cavc remand is no longer one.
This is a legal questions the court need to address I am not the only veteran they are doing this to.
Like I said if my cases wasn't advance my cavc remand would be at the end of the line treat as a new appeal.
Your Advanced on the Board’s Docket (AOD) Legacy appeal was received at the Board on January 24, 2023. Your current Legacy appeal is not a first-generation Court of Appeals of Veterans Claims (CAVC) remand, therefore the CAVC designation does not apply to this appeal. The case is awaiting review by a Veterans law Judge. The Board, as required by law, will consider the appeal according to its place on the docket
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Ok many be thinking I go to far well I found a legal problem that the cavc must address.
I believe they have to make percendent on this. I am a little shook now lol.
Ok here it is the Cavc remand your case to the bva.or the VA make you do a new VA form 9 or nod.
Does this mean.you start over the appeal process or is it still treat as a cavc remand.
The VA are changing docket numbers removing veterans from legacy appeal to ama. I just got a new 23 docket number. It's crazy.
I have been at this for a min I will have the. Motion done this weekend.
Listen they granted the panel with not written decision. An told me I can now request full court. This is we're percendent is made.
Ok let me get my a game together on this one guy's. I might get the court to come down on VA on this one.
I believe the court is going to make the va respond again.
I will post a bva response that they just send to me. It about to get real.
Man I am fighting 3 different appeal at the same time and they refuse to merge them back together. I am a little happy today.
The VA is about to get my n there job with my cavc remand now.
In a January 4, 2023, order, the Court denied the self-represented petitioner's November 21, November 22, December 2, December 16, and December 22, 2022, construed motions for leave to file a reply to the Secretary's July 18, 2022, response. The Court further ordered that the petitioner's January 2, 2023, motion to expedite proceedings is dismissed as moot, and the Court denied petitioner's October 5, 2022, petition for extraordinary relief in the nature of a writ of mandamus. On January 5, 2023, the petitioner filed a motion for a reconsideration or, in the alternative, for full Court review. The Court liberally construes the motion for reconsideration as a motion for single-judge reconsideration and panel review in the alternative. See U.S. VET. APP. R. 35(b). The motion for decision by a panel will be granted. Additionally, the Court notes that motions for a decision by the full Court in a case decided only by a single judge are not permitted. See U.S. Vet. App. R. 35(c). Hence, the appellant's request for full Court review of the January 4, 2023, order is premature and will not be considered. The appellant is free to refile his motion for full Court review within 21 days of the date of this order. See U.S. Vet. App. R. 35(d)
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If the VA will not process the claim I apply for tbi and smc t.
Unless I did a claim for tdiu when I am alright 100%.
I am not doing a claim for something I didn't apply for. Some ppl may go along.
I am not one of them.
Now if the VA will not process the claim I Started TBI and smc t.
After I write a statement saying I am not applying for tdiu.
An if they still will not process it unless I apply for tdiu . yes I am withdraw it
An would start over.
What did you lose 2 3 months.
This is call been proactive. Sorry I am not a VA cheerleader.
So please stop with all the withdrawing claim stuff.
I stated when I post it here come the attack dogs. Smh lol
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6 minutes ago, broncovet said:
The VA has you just where they want you to be...Confused. Confused Veterans make mistakes, such as "sabotaging" their own claim by doing things like withdrawing claims. I withdrew a claim once, and regret it still. I wish there was an "unwithdraw" key...kind of like an "undelete" key. I was uninformed..hoping a withdrawal would speed up other claims. Of course, I was wrong.
Or, confused Veterans "dont apply" for benefits out of fear of reductions. They "settle in" for less than they deserve. My VSO said I "should not appeal" even tho it was a zero percent rating, as they could reduce me. (How can they reduce a 0 percent rating?..I guess they could hypothetically remove SC, but that isnt a reduction..its a severance of service connection, under the rules of "severance".
Crazy how this post turn so
9 minutes ago, broncovet said:I withdrew a claim once, and regret it still. I wish there was an "unwithdraw" key...kind of like an "undelete" key. I was uninformed..hoping a withdrawal would speed up other claims. Of course, I was wrong
Crazy how this post turn personal toward me lol.
Sorry your withdrawal didn't work for you because you were confused.
I think the poster got both sides of the issue and they will make a choice on how they will handle there issue.
Done with this everone can see you are trying to bait me to go at it with you.
I am going to enjoy my day.
Good luck to the poster.
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29 minutes ago, broncovet said:
My opinion, such as those on legal, or medical issues dont matter, because Im not competent to render a professional or legal opinion. It matters what the judge, or the doctor says, but my (unsubstantiated) opinion does not matter
Ok Since we all agree that are opinions dont matter. This is all for information purposes.
I think we can get back to the poster issue.
Which is why the VA is trying to get a 100% veteran to apply for tdiu.
The Veteran said they have been working up till the claim if tbi an smc t.
So there seem to be no time period the veteran or the VA can use to Grant tdiu.
Seem to me my opinion that the VA is try to open all the veterans disability up for exam.
Like I said tdiu is not a condition.
It is a benefit for veterans who are less than a 100% who can't work.
I don't think any of that apply here from what the Veteran posted.
I am very verse in the VA maximize benefits just won a cavc remand based on this.
Nothing about this is maximize anything my opinion.
It's call make the veteran go down a rabbit hole.
The Veteran didn't apply for tdiu so he is wrong to tell the VA that he didn't apply for the benefit. Ok
So a veteran is to file for a benefit that they didn't ask for because the VA told them to apply for tdiu.
Naw I don't understand and think I will not Never understand this one.
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Thinking I need to update this.
I have wait over 4 5 years to get anything completed at the VA bva cavc .
Because I am proactive now I don't go by the VA will get it right thing.
Now about my case that other like to bring up.
I have been to the cavc 2 had 2 bva remand all in 4 years. Think I am do pretty good on that in.
Yes I withdraw claims to get movement on my issues.
I just had to withdraw the same remand I appeal to the court.
The cavc told them to address why I withdraw not reopen the same remand order.
So yes I withdraw it again and will let the court address it again.
I am fighting for my smc l for my mental health and the smc o and r because of my need of higher level in home care.
My cases are advance at every level because of this.
4 years two cavc remand and the only thing the VA bva will do is order exams for loss of use.
An hold everything. I am proactive.
So I withdraw the issue they are using to hold everything.
Not waiting and let the VA start a new fight for me. I don't go down they rabbit holes.
Many do and that is fine. Some don't understand the VA games that why I post them.
Last I have a very larger retro case.
The VA does not make it easy.
I have fought a 8 year retro extra schular tdiu case. An won.
Now I am fighting for the smc benefits that were never inferred or address in any of the older increase rating decisions..
Va.did maximize my benefits I understand this rule and how it is used
Just won a remand from the cavc based on this
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I think everyone is in title to there opinion.
And I will leave it at that because I am not take the gang bait.
I woke up in a good mood and this really has nothing to do with me I have give my advice like others.
So it is up to the veteran how they handle there claim this is all for information purposes.
I think that get lost an some needyo remember
Last if a veteran is 100% PTSD pt.
Don't think opening a tdiu claim when they have been working all along as the poster posted.
is going maximize anything. But open the disability up for more exams.
Tdiu is not a condition. You apply if you can't work and are less than 100%
This is my opinion on the issue
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42 minutes ago, pacmanx1 said:
No, you don’t understand. I just posted that I am and was already rated as a 100% schedular P & T veteran and the VA asked me to complete a VA Form 8940/TDIU form
See you alittle upset today I will leave it at that.
Because you and your gang keep try to pull me it y'all little block him games.
You are right I am wrong does make you feel better lol
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1 hour ago, scarf said:
did not file any VA Form 21-8940. Read my original post.
Ok is everyone missing that the Veteran stated he didn't apply for tdiu.
The VA is telling a 100% pt veteran to apply for tdiu.
Yes if a veteran isn't 100% the VA is to look at tdiu. Not open tdiu claims for pt veterans.
Now if no one see a problem with this I don't understand.
Now I am proactive when it comes to the VA and not from the school the VA is trying to help the veteran not these days.
We all understand the new Comp exam stuff been pull an used by the VA. Well some of us.
I wouldn't allowing it. It is no help to getting smc t or TBI. What the Veteran apply for.
If they don't fix it or work it out quick
I am take this is a new claim?
. I would withdraw the whole claim and start over. You lose nothing but a few months.
I wouldn't want to fight that fight.
That how I stop all the va games. Withdrawal are part of the VA rules an process an legal.
before I get ban for stating my opinion
I would just reapply an let them do there job.
Either way you're in for a fight I just wouldn't put my rating in the fight.
No need to.
It's call been proactive.
This is my opinion
Disclaimer I am not a veteran agent an am not acting as one.
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3 minutes ago, scarf said:
@Mr cue The reason why I think they want me to complete a TDIU form is because in my personal statement,
Yes I thought you might have stated that but that statement was evidence for the TBI and smc t.
It was not been used to apply for tdiu.
My opinion the VA will open all disability up and order exams for all. If you apply for tdiu.
There is not purpose to apply for tdiu.
But you have gotten great info you have a choice to make how you proceed.
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8 hours ago, broncovet said:
On the other hand, if VA asks you for information, such as that on a tdiu form and you dont comply, I would not be suprised if you were denied.
VA cant "compel" you to provide additional information, but, you can be denied if there is insufficient evidence to substantiate your claim
I am trying to understand the VA can make a veteran apply for something they didn't.
An they will denied the issue the veteran appeal for.
So basically the veteran has to apply for tdiu because the VA told him to.
Just trying to get a understanding on this.
Because I have Never heard that.
The veteran stated that they are a 100% for PTSD rating.
What purpose would it be for the VA to tell a veteran they have to apply for tdiu?
Like I stated if you file for tdiu it open up all your disabilities.
I would upload a statement that I am not applying for tdiu I am a lol ready 100%.
I am applying for tbi and smc t for the condition.
I don't see anything more to it.
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If you are a 100% for PTSD why would the VA be talk about tdiu.
I wouldn't file for it if you are 100% for PTSD
Tell them you want to file for the tbi and smc t that it.
The tdiu will open the PTSD up for them to play with.
My opinion
Disclaimer I am not a veteran agent an am not acting as one.
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Thinking veterans are over thinking this one.
Yes if you call 1-800 an ask for a copy they tell you you have to do a foia to get it.
But if you go to your local regional office you can get a copy without doing a foia.
This is my belief I could be wrong.
Because the VA gov site doesn't say veterans have to do a FOIA
It say contact your local regional office for a copy.
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On 2/3/2023 at 3:49 PM, pacmanx1 said:
I finally contacted my local VA, and they scheduled me a walk-in appointment and I went down, and they then gave me a copy of my exam
Thank this is what I thought the 1800 isn't going to send a veteran a copy.
The had to go to there local regional office to get a copy.
If they want one mail they have to do a FOIA to get it.
They will fix this real quick once veteran start showing up for copy of these contractor exams.
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8 minutes ago, Whodat said:
This is the report that was added to your records, do you acknowledge this report
Yes but my ? Is we're is it write that a veteran has to do a FOIA to get a copy of the exam.
I don't see it anywhere VA.gov say contact your local regional office.
It doesn't say call the 1800 to request it.
My believe is a veteran can go to the local regional office and get a copy.
If they say you needed to do a foia ask them to put that in write or show were this is law.
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I would ask the vso were or how do I get that statement in writing.
They do this with ch 31. Program
Will tell you no or the VA does pay for this items.
If not in writing a veteran will never be able to appeal it to the court. Nothing
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I will be going to the local regional office soon if they try to add a exam to my record an if they don't give me a copy.
I want something on a VA letter head saying I have to do a foia to get a copy of my own medical record.
The regional office has always gave me copy of stuff.
My belief is veterans are calling the 1800 asking for copy .
I believe if a veteran walk into the regional office and ask they have to give them the exam report.
This will change things fast when a large number of veterans show up for copy of the exam.
I
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1 hour ago, Riplip said:
I'll need to fill out a information act and wait forever to see them.
This is what get me I don't see any where it is stated a veteran has to do a foia to get a copy of the exam.
Can anyone show the law that state this.
The va . gov site doesn't say you have to do a foia.
It say contact your regional office for a copy.
The va has been do this verbally stuff for years were is it write ?
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Some believe in imo some don't Its really up to the veteran
Me I feel the VA is just doing things different.
I just got a remand order from a bva judge. I refuse anymore exams and VA duty to assist.
Ask for a decision based on my 25 year record by law for smc benefits
Bva Judge listed all my Comp exams and favorable evidence.
the judge state get a medical opinion without in person exam that address all my evidence an Comp exams that was order by the VA.
Ok ppl what happened to the rater address the exams and evidence in file.
Negative and positive evidence this how benefit of doubt come in to play
Basically the judge told the VA get a medical opinion to deny all my evidence. Who are they assisting
See it don't matter anymore the VA will order medical opinion to address any evidence you provided or they order.
This is VA tactic of developing to deny
So I ain't paying thousands of dollars for the VA not to accept it they ain't even accepting there own exams and medical opinions these days.
My opinion
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Here is my story on reduction I am 25 years tdiu.
I wait to apply for smc benefits because they were never inferred.
Well got a copy of my file an there are 3 proposals to try an reduce my rating each time it was written 25 year protected. Over a two year appeal time period
I would have Never seen it if I didn't get my record from the cavc.
I had no improvement that would have justified it.
I am s veteran that believe in been proactive.
If I didn't apply for an increase in all my disabled and only apply for smc benefits
I am not going to allow the VA to open all my disabilities up for exam .
Just my opinion
Disclaimer I am not a veteran agent an am not acting as one
Delivering Diagnostic Reports to C&P Doc
in VA Disability Claims Research
Posted
Well I don't like all the private contractor comp exam medical opinion stuff.
It's not helpful for veterans.
An VA an rater are using it as delay tactics. Ever exam add at least 45 days to 60 days. To the process.
It has got so bad the VA is ordering medical opinion on comp exams. I can't make this up.
Than it's the we need a rework exam or medical opinion stuff.
Now they got the national que stuff were the rater that order the exam will not be the same rater when exam comes back to veterans affairs.
So that rater can order a exam.
New rater new exam. It's crazy
Then you can't get a copy of the exam.
I just don't see how all this stuff s making it better to server veterans.
My opinion
There will be a class action on all this soon they are just ordering to Many exams for claims and appeals these days.
They are ordering exams for condition when the veterans aren't claim stuff.
now a comp exam isn't a medical opinion.
Veterans are needing to pay for medical opinion after they had comp exams..
It's all to much.