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Mr cue

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Everything posted by Mr cue

  1. See it really about make sure you get a remand at the court to me. The VA can list it. But they must give a reason and base They must give a reason and base for not accepting lay statements and favorable evidence. they are to address all evidence in the decision. Like Veteran had exam on this date and examiner medical opinion was this for each exam. This is how you get relative equipoise. I can talk about this because I won 8 years of extra schular tdiu based on this. but if the VA bva don't always address it because they use one exam in most of there denial. They will use one exam for there reason and base. And not talk about any evidence or other exams or medical opinion you have may have in your record or lay statements. The court will remand this back. It was done me. This is why I am not going to let them comp shopp me until they find one unfavorable. And not talk about the 6 other favorable One they order. The court has remand my case two time because they will not address my favorable evidence. The bva owe past decision are evidence to they must address in the decision. The court has rule on this in my case. See to me now it is to hard to fight the comp exam back in the dates lol. I could get the results in about 4 days and dispute it the next day I might even get a new exam in 30days. I have done it But now I don't even get a copy before it is put in my record. the VA will use the exam to denied. An a veteran will not even see the report. I pass Now I am fighting something else that has been put in my record That I can't even see the results of. Some will tell you trust the VA will get it right. I am talking about my case right now let me make that clear smh.
  2. Ok I hear ever excuse for the va doing this. They don't have special doctor at the va to do exams. The private contactor exams are mostly done by np. They close the department but they still have the department. Only less ppl. Ok with this logic to me that is saying community care will stop the VA from doing service soon. It is being done the same way as the comp system at VA. Long waits veterans have to travel to far to hospital. Smh and ppl don't see it. Can I fight this no. But I can post about it and not let the games be play with my appeal. Folks that had exams in the 90 2000 like myself should see the difference.
  3. Posting to give other example of developing to deny. Example of why I refuse any more exams in my case Ok in my case I have had 5 comp for loss of use of upper extremity for smc. I even had specialized loss of use to be order if the rater can't make the determination. With the evidence of record. Well they denied the claim and didn't address anything or my record or any of there 6 comp exam. Reason and base give You don't have loss of use equal to a amputation. That ain't how it work I post the cfr Ok I appeal to the cavc. I won they remand it back to bva. The bva judge remand it back to VA again the reason this time Because the examiner has never made a determination of loss of use. Ok the judge understood I was going to refuse anymore exam. Judge state on the remand order if veteran refuse a exam. Examiner should make a determination on the medical record. Ok we address by law the examiner is to make the determination. Cfr state don't ask the medical examiners to make the determination. So now because I refuse there exam again they wouldn't denied the remand just keep hold all my issues. For 7 months Shopping for a medical opinion qtc lhi to get a different medical opinion. They wouldn't give a medical opinion without a exam. So i withdraw the remand an stated it not a legal remand and VA is refusing to address my evidence. An are hold my other issues remand by the court. I wasn't going to just sit there. I withdraw the remand. Back to the cavc a 2 nd time the cavc remand it again this time saying the withdraw shouldn't have been accepted. An basically they did address my favorable evidence. Now it back a bva again. Do you think I am going to play the exam game. No. I have in home care pay for by the VA hospital. For my loss of use. they will not address my 25 year record over 5 bva decision that are part of my record that address my loss of use. So this is why and when I feel a veteran can refuse a exam. If you are applying for benefits the first time I think ever veteran understand. They need a comp exam. An refusing it with no evidence or medical opinion in your record. Will get you denied But if they keep ordering the same exam over an over. You have the right to refuse. You don't have to stay on the exam rollercoaster. But now you will never get a copy of the exam to see if it was favorable. So they can keep ordering them. This is my opinion and experience.
  4. Yes I do play chess with the VA because they play chess with veterans. Please believe me I am no expert and don't claim to be. But I do understand a few things the VA the va that I learn over the years. Before these contractors exam. If the exam need something address it was just send back to VA hospital. You didn't have to keep going over and over to exams. The contractors exam were put in place because some veterans live to far from a VA hospital. It's was done to send ever veteran. An they still have a comp and pension at the va hospital. Some say they don't have the ppl to do a exam. Lol Don't believe me look at older post on have.
  5. I bet it Didn't stated that they are closing your remand because u refuse there exam. You stated the letter say you closed the remand. Were is the evidence of this. Were is a letter from you stating this I don't think they can produce one. So it will be remand again bva or court. That the way I see it . An would attack it
  6. In my case I had two defer and 5 comp exams and a specialized loss of use exam. They didn't address's any of the exams. Because they were all favorable. I appeal to Cavc they remand the appeal back to the board. The bva remand it again for a exam I refuse anymore exam. Judge stated if I refuse a exam get a medical opinion without a exam. Smh. Qtc send me a letter stating there not give a medical opinion without a exam. They Try the whole I refuse a exam thing. To denied the appeal. Well I appeal back to Cavc point out to the cavc that they were developing to deny an are just ordering exam to introduce new negative medical opinions An point out all the favorable evidence and exams that I have an they refuse to address. I won the cavc remand back to the bva to address the favorable evidence. I am not fight a new exam or medical opinion or anything. Because I refuse there exam. I posted the bva judge decision were it stated if I refuse a exam get a medical opinion without one. I don't make this stuff up. I think this is how you show it.
  7. Ok i Gabe explain myself many times. An I have no problem with anyone not take my advice. Like in said There is mote than one way to fight the va you have your I have mines. So anyone have it is look have both points of view that how it work last time I check. Now ok if you had 5 favorable exam and the va keep ordering the same exam yes is will refuse. Now they are to address the record an not develop to deny a veteran. Other thing will get the remand. Or you can't keep going go the exams until they find the one to deny. An Now your fighting the exams suck try to get them to accept the other favorable exam. Wait that is what you just post happen to you. Maybe my advice could of help you. Well we all have a choice on how to fight the va.
  8. Could this be were it all started. Because I didn't follow the everbody need a private imo stuff. Now my advice is illegal I am going to be ban My post are hurting veterans I can't post about my experience with the va because ever veteran don't understand. Lol So before I get ban I want it to be undrstood where it coming form. An I ain't post a person it about 10 different ppl on this post.
  9. I will continued posting my facts as I feel fit. I have not told any vetean to refuse anything. But if they choose to so be it . Back to what the poster post about before I was attack for tell them how I would fight it. Were did I tell a veteran to refuse a exam read post before you attack me He is Been told by the regional that if he does accept there 4 exam they are going to close his bva remand. They can't do that that is why when they try the first time it was reopen back up because it not legal. To threat a veteran. Tell them to give you a letter denied the remand they can't just close it Because it go back to the bva judge. So there just hold it to try an get negative medical opinion. This is my opionion. Now if you feel that I don't have the right to post about the poster issue or my opinion You understand where you can kiss
  10. Last Last thing I have never wait or fought that long for any benefit. I have been two the court 2 time. In less than a year an half. I am now on the 2nd cavc remand to the bva. So to me Maybe the letting the va do what they feel might prolong things The way I see it. Smh So I will say it again There are note than one way to fight for your benefits
  11. I don't have a problem with anything you choose to post. But if I posts my experience and how I handle my issues. An talk about how I refuse a exam and my results in do so. It illegal I will be ban I can't disagree with mentors or what ever it is Or give my opinion and other don't like it. It's a. Big problem now. Like I am going to keep saying because I have experience. There is more than one way to fight for your benefits.
  12. Isn't all that based on how a veteran feel he or she feel they want to handle there issue. Shouldn't a veteran be give all the facts. Shouldn't a veteran be able to hear other. Veterans experience with the same issue. Or advice Maybe I am wrong But there is more than one way to fight an win your va benefits. An last I check not a veteran on here that is accredited to handle claims anymore. Last one I was aware of got ban. Good luck with your issue. It seen like you are on top of your issues.
  13. Ok they still didn't give you a letter stating they are cancelling your remand because of the exam. They just threat you. But I am not goto try and talk about my experience when they did the same thing on a call with me about a exam. I am not allowed lol You have two choices go to the exam an let it play out. Or continue the way you are handling it an make them give you a denial. So you can appeal to the court any get it remand back If they close the remand you can do a writ and they will have to address why they close a remand. The va is a lower body they can't close a bva or cavc remand. Good luck.
  14. Ok i woke up this morning thinking how do to fight and get the va to address this errror. An the crazy part I just when through a whole year trying to get the bva va to merger my appeals back together. I had to go through a whole cavc case to get it address. An Now the is doing it again. Smh Here is the judge explain why they cant keep try to do this. An they still are do it. I am so upset you can get anyone to address anything or respond to anything so I will get. So now they will just be hold my cavc to process a appeal in the new ama system. An I never requested to be remove from legacy appeal. No one will look or address this for a year. With over 10 STATMENT IN MY RECORD UPLOAD. OK I AM DONE VENTING THIS MORNING I WILL FAX STATEMENT TO THE LIGATION SUPPORT FAX NUMBER EVERYDAY UNTIL. THEY ADDRESS IT OR UNTIL I FILE THE WRIT NEXT WEEK. I REFUSE TO DO THIS ALL OVER AGAIN. THIS IS FROM MY CAVC REMAND ALSO. SO HOW ARE THEY DOING THE HOUSEBOUND. SEPARATE. SEE THE GAME. Because the Court's remand for further adjudication of the psychiatric disorder effective date issue may change the factual predicate on which VA determined the proper effective date for the award of SMC at the housebound was based, it holds that the issues are inextricably intertwined and that remand of the SMC housebound rate effective date is likewise warranted. See Smith v. Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001) (explaining that, "in the interests of judicial economy and avoidance of piecemeal litigation," claims that are "intimately connected" should be adjudicated together); Henderson v. West, 12 Vet.App. 11, 20 (1998) ("[W]here a decision on one issue would have a significant impact upon another, and that impact in turn could render any review by this Court of the decision on the other [issue] meaningless and a waste of judicial resources, the two [issues] are inextricably intertwined." (quotations and alterations omitted)
  15. Did they send you a letter stating this. My guess is no. Because they can't just close your remand because you refuse a exams after 4 other exams. If it was me I ain't play the game
  16. There is no risk if you dont play there game. Everbody have there way of handling there claim. That’s the risk you take when Pursuing a new disability, doesn’t matter if you are P&T
  17. The claim start 2018. The trying to turn my appeals in ama and removing them from legacy appeal for a year. I just had the cavc order them to merger them back together. Now you get the cavc remand an you do it again. An Now are holding my other demands from the court. Why you process my cave remand again in ama system. I am really upset with this this is been done to delay an not address my case. They did this to my last cavc remand I got 3 different decision. Smh well I put in all the notice that I will be do a writ today. I've send a copy to the bva ligation department they are the ones do this. I really think I am about to do them writ next week I am no about to play with these ppl. The court is going to make them address it when have any veteran got two 90 day evidence letter on the same day.
  18. So I call 1800 to try and have them send somethings over to bva about this. Now I am been told that they are process the housebound in the ama system. And the other issue are be put on hold. Form what the supviser see. Smh I never requested for any of my appeals to be remove from legacy appeal system first. I fought this to the court now they still are process it again. To hold up ever thing else. Well I put in all my noctice that in will be doing a writ to the court in 3 weeks. I refuse to wait on them to . remand it to the va than it's over . I will wait a year again to get all this address again smh. Once again they find away to put ever thing on hold again Hope I will just let.it go
  19. Ok would you not been appealing and hope they address all law. An of they don't to the court Wouldn't you have the new medical records to fight on appeal also So once again why would in let the va open all of my disabilities to a exam. When I am claiming something that has nothing with an increase for those conditions. Like in said everybody fight there fight different.
  20. Well woke up this morning an put out notice to. Bva that I Wil be doing a writ in 30 day if my appeal are merger back in to one appeal under my legacy docket. As the court order. Many might not understand under ama there are different laws for effective date. And what appeal do You think they are trying to process in the ama system. The mental health appeal which remain pending seen 2003. Smh This is how they are going to try an never address the proper effective date. I am so mad this us the 2nd time they did this. Just blow off the court. So I sit here and they Judy going to process it this way an no will n address my statement or any of the white house line or the upload statment to the litigation support at the at the bva. I wrote on the 90 day letter about this so if the person process the 90 day letter but don't address what I put on there. More evidence they are choosing to volate the cavc order. This is crazy I just had this same fight for year now I am fighting the same fight. After a cavc remand. Can't no one tell me this isn't been done on purpose. On I am done vent. Lol
  21. Lo ever time a veteran post anything about exams. Don't worry about. The va can't reduce you. If they do you can't appeal. If they order a exams an open up all your disability when you a apply for an conditions. Don't refuse these exams. Just go Just let them put all these medical exams an new evidence in your record. You can fight it later on appeal. I forgot the last one it is illegal for a veteran to refuse an exam. The va follow all there law so don't worry or protect yourself. Well my advice to the veteran is if the va try to open all your disabilities to exams on the remand. I would refuse or cancell the exam and only do the exam for the issues that the remand was for. I am do a complaint to white houseline. I am upload the statement refusing the exam. An explaining why. It us up them if they are going to address it. But I will have evidence in my record that i try to get it address. This will win any appeal that may come because the va has to address a veterans. Statement or pleads. I am not let the va put new medical evidence in record for thing I didn't claim. Everybody fight the fight different
  22. Ok here is n my 2 cent in the issue. Ok you have two imo did they address both in the decision and give a reason and base for choose one over the other. If they only address there own imo I would appeal. Based on this. Va eplain there decision to choose one imo or others.
  23. Ok here is the cavc order that merger all myself appeal back together when they did this before turn my cavc remand into 3 different appeal. This time they are trying to turn it into two different appeals I get two 90 day evidences letter. The court didn't make two decisions on September 12. So how they do this am I to think this is been done on purpose. Smh Really just vent and showing ppl I aint just making this stuff up. ORDERED that the appellant's motions to consolidate are granted. All documents filed under Docket Nos. 21-7874 and 21-8150 will be transferred to, and the appeals consolidated under, Docket No. 22-1068, which remains expedited. It is further ORDERED that proceedings under Docket Nos. 21-7574 and 21-8150 are terminated. It is further ORDERED that, within five days after the date of this order, the Secretary serve a copy of the consolidated RBA on the appellant and file a notice with the Clerk certifying that the consolidated RBA has been served. It is further ORDERED that, after the RBA has been served, a Rule 33 conference will be scheduled and substitute briefing for the consolidated appeal will proceed in accordance with Rule 47(b). (BARTLEY) (JM)
  24. Man I am sitting here in fire. The bva has been playing games with my case for four years two cavc remand. First court remand to bva the make 3 different decision. I ask plead with bva VA to merger my legacy appeal back together. I get to cavc the cavc order all my appeal merger back with the legacy appeal docket. Well I get two different 90 day evidence letter today. The bva has now merger two issues with the legacy appeal docket. An send me a 90 day evidence letter with a 21 ama docket number. So basically they are going to try an process and make 2 different decision one in legacy and one in the ama system. In my case again. I will be doing a writ next week to the court to get them to address this. I just call the white house hotline to make a complaint. I will be upload a statement tomorrow. I any waiting for this new game to even get in motion This just let me understand that they are trying everything to keep this going. Smh. I mean I have a cavc court order were they merger all my appeal back with the legacy appeal docket. This is just crazy. I will post the two 90 day evidence letter send on the same day so everyone don't think I be making this stuff up
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