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Mr cue

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Everything posted by Mr cue

  1. I remember the days you could call osbudman think I spelled it right. An issues at the bva would be address I remember that change all the numbers because hadit members had them. Now a veteran can go throught the whole claim appeal process an not one person that handle the issue ever talks to the veteran. The veteran does irs they get the 1800 response. You write upload statements an they don't address them. This que thing is a bigger issue day one rater order exam there is a 30 day hold. It go to a different rater an they say they need a exam back in the que 30 days Now a different rater might look at the exams or they can say it not ready 30 more days. Do you see how many different rater address case and appeal on one case now. Crazy I am really just venting I keep getting the iris response your appeal is 80000 in line. No one will answer how a cavc bva remand to regional office isn't been return to the bva judge or front of line. I even send iris asking bva they will not respond.
  2. Last thing for the issue of if the VA can will try and reduce your rating. I think we all understand this is based on feeling of what the VA can and can't do. I don't think any of us would be on hadit look for info if the VA follow the law on ever case . So I really up to the veteran who is doing his or her appeal or claim how they handle it. I will be the the first to say it rub me the wrong way when any veteran post there issue and is told believe in the VA. The name of the site was veterans who hadit with the VA. Now I am starting to see veterans told they can't vent about the VA these days. Ok let me get off this post I been getting banned for my opinions and post these Days .
  3. Have been on hadit 20 years we debated the laws and gave our experience with the VA. It help many veterans understand the in and out of the VA system. Now it seem to be a problem if you post your experience or how you handled it interpreted VA law. Law can be interpreted many ways that why they have a SCOTUS. It seem some our getting in the business of try to turn the site it only there opinions and interpretation of the law. Like I have stated many times this site is used for information. Nothing else. An has been for 20 years and there are post from 20 years ago that have laws an info from ppl who fought the VA an won. Now it seem that info isn't important for veterans.
  4. Sorry about what you are going to through. You got a few choices to make So appealing the rating they granted why do it It is not going to increase anything you.are 100 percent based on it. Why open a granted issues up. That' has nothing to do with them not addressing your other issues. Worry about smc when you get them to address the other issues thing straight I believe the best method to get them to address the other issues is to put them on notice that you will be doing a petition for relief. If they don't address the other issues remand. Less risk to your income. I am not one from the VA will not do that there are rules school. I read everyday about the VA do things Now if you keep uploading statement and they don't address them this your evidence for the relief. Say that dont work you still have a cue that can be file. It's a lot but I am a veteran that believe in protecting myself from VA games. That my opinion Disclaimer I am not a veteran agent I am not acting as one
  5. Ok I am talking about getting a copy of the private contractor exam. Ok this is from VA. Gov. Want a copy of your claim exam? You can obtain a copy of your claim exam (also known as a compensation and pension, or C&P, exam) by contacting your nearest regional office. So now we're does it state a veteran have to do a foia to get a copy. We're isn't that stated in the law or any where We're did it come from. Something don't seem right. I call 1800 and ask about going to the local regional office to get a copy. Told most veterans have to do a foia I stated that VA.gov say veterans can go to there local VA to get a copy. You can't call your local regional office. It turn it to the regional office isn't doing in person some areas and some ain't. I explain my region office has returned to walk in person The than say ok let's look they pull up my regional office. They do in person. An basically they never said I can't get a copy.there Smh so to me it is the 1800 telling veterans they have to do a foia. I am waiting for the bogus medical opinion to come back on my case an then off to my local regional office an see what the real story is. I still am looking for a veteran that has been to there local regional office an try to get a copy of there exam Because it just seem this is the position the 1800 had took I bet when those thousands of veterans still showing up at the regional office They will start uploading them again to the medical record I can't find a law or VA statement that a veteran has to do a foia to get a copy. I would believe if a veteran go to there local regional office and show there if they will get a copy of there exam. Why would the Veteran be told to do a foia. That is so requested over the phone stuff. I might be wrong
  6. Well you give me belief the VA can get it'right. I think I would have had the smc o and r after my dro hearing 2019. Send to Comp exam for the smc l for my mental health. Favorable exam. 4 years I can't get the dro hearing or the exam or the smc l address. The dro made a decision not even addressing the issue. Ship my appeal the board and they just refuse to even address. Cavc has just remand it for the 2 nd time. Bva judge remand order still doesn't address it. Crazy I am talk about a decision I can't get one. it like they are doing it on purpose. But I must say you gave me hope today. Someone Will have to address it.
  7. They will put a list on the top with everything they used. But will not address the reports in the decision. This way they can say they used the medical records. I don't have one VA or bva decision that break downs my service records. Veterans was seen on this Day for this problem etc. Isn't evidence of treatment in service for a condition. Ok I am getting Deep This is how veterans win cases with negative and positive evidence. Well in my case I stated I refuse any more exams and duty to assist when my case was remand by the court both times An even ask for a decision based on my 25 year record and bva decisions that address loss of use. If I didn't have favorable evidence they would denied it. And the bva judge still order the VA to order a medical opinion without in person exam. Both times. So who are they assisting I have also seen case about the duty to assist an believe it is over on remand issues and appeals. I will be look into this I have been doing my homework for the VA to deny all my issues remand by the court. be send back to bVA. my statement this time will be by even more powerful. IF the bva don't address my case right this time the cavc might granted it and not remand it a 3 time.
  8. Well yes I won 8 years retro because the regional office Never certified my appeal to the board from service.. Found when I did my cue. I have another issue pending from 2003 just remand by the cavc. Because the VA didn't address my appeal or write nod. So I got love for legacy appeal
  9. Sorry to hear this. I am see this more and more Since the VA switch to the private contractor. Listen It has gotten so crazy the VA is ordering exams than getting medical opinion to dispute there own comp exams. I don't even have any private medical exams that they need a medical opinion to address. It just crazy. Make sure you point the developing to denied issues on appeal. So if you go to the cavc they can address it. You can't just bring issues up to the court. They will not address it. I really feel I am about to be in the same boat. The bva judge in my case even listed all my Comp exams and evidence an stated that the VA need to get a medical opinion to address it. Lol I am crying inside tho. So I feel your pain. Really seem the VA system is turning adverse when it was to be veteran friendly. I am also point out these exams and medical opinion are been done by ssi and workman comp doctor which are adverse systems. Good luck an do your homework now before the decision. On developing to deny there are great info doing a Google search there is even old hadit post that address it.
  10. I been looking and can't find the law. That allow the VA to get a medical opinion on there own comp exams. Just seem the VA has change from a veteran friendly system to a adverse system. So basically you go to comp exam get grant issues or apply for benefits and the VA can order Comp exams and if they are favorable. They can order a medical opinion without a in person exam to address the Comp exams. So basically the va ask for review of the evidence and medical records From private contractor and the Veteran will not get to see the report. This is going to get deep for veterans. This is all developing to deny
  11. Well why I wait 30 days for my case to be touch again after the person send it for a medical opinion when I withdraw the issue. Smh. I am get my dispute if all this Because I feel in my heart I will appeal this medical opinion for years on my loss of use. Smh This crazy how the VA has turn from a veteran friendly system to a adverse system against veterans. Because I have Never the VA get a medical opinion to dispute the medical opinion and exam they already order. This is all Brand new to me.
  12. ? Why would a veteran appeal a fully grant issue. To leave it open The problem is the VA didn't address the other issues they sperate from the other issues. I am not dispute your answer I am just trying to understand.
  13. I would upload a statement address this. With dates of exam. An ask why you don't have a decision. This will become part of your record. They are to address your statement. If they don't you have evidence to start a petition for relief from the cavc. Ever 30 days upload a statement. If after 3 months they don't respond file the petition for relief to the cavc. Educated your self on petition for relief in the meantime They are not hard to do to the court pro SE. The court 9 times out of ten will make the VA respond. I am going through the same thing the VA will just leave claims and appeals pending is crazy. Did you call the 1800 and ask do they have the issue still open. An ask why you don't have a decision on them.
  14. You may very well have a CUE (Clear Unmistakable Error) but without reviewing your records we do not know what the VA had. May thing is the VA bva isn't put all the evidence in decision by law. Your decision should show the evidence used to make the decision . Negative and positive evidence. I just don't see this on any of my decision. That will stated they received the service records. But don't address the positive or negative evidence in the service. Record. I have a issue like this I apply for mental health 2003 it has remaining pending in appeal status Since. The cavc remand it to bva. The issue is I used service records to reopen 2018 an was granted 70% on appeal. VA will not address the service records they will not address the effective date or a appeal reopen using service records. By law. The appeal was granted smh Just got a soc from the VA an all it stated is the pending appeal was closed 2003. Nothing else I can't make this up. I am ready to file a cue. So I believe a veteran can challenge a bva VA decision that does list the evidence of record. If they don't talk about the negative and positive evidence in the record. The veteran can never get the benefit of the doubt. If you file a cue make sure you use the law cfr VA manual. The benefit of doubt the VA not listing a veteran evidence on a decision.etc You cant cue how the VA weight the evidence. Disclaimer I am not a veteran agent an am not acting as one.
  15. You maybe right who really no. But I don't think pension based a&a which is income based would be used to address regular a&a two different programs. An working. This i believe is a ? That me or you really can't answer because I can't find a law either that address working with regular a&a.. so I will leave it there. As far as former member I am not a personal friend I just follow his old post on hadit. An learn my way and the law. I still use some of his advice as fight for my smc r. Glad you were able to get the r1 may I ask how long you had to fight. An which way you got it was it two smc l or other way. I believe a smc KL and M also gets the smc o. My disclaimer I am not a veteran agent an am not acting as one.
  16. I really think the VA is going hard to dispute all my evidence I have Never seen in my 25 years of dealing with the VA . So after finding out that they order a medical opinion on all comp exam and evidence for loss of use so the examiner can make the determination. I call today and ask why did you get the medical opinion when I withdraw the remand for loss of use again because they are developing to deny a cavc remand. Well I was told the VA has a review process for these Comp exams they even got a doctor to do the medical opinion not a np lol So what crazy I have Never had a medical opinion to address all your evidence. So basically I guess the VA has got rid of listing evidence and weigh it. They are to list the negative and positive evidence If they are get one medical opinion to basically eliminate all veterans evidence. The benefit of the doubt no longer exists. I Guess smh. Glad I withdraw it before all this was done. They will act like I never withdraw it. But it is part of my record. Well anyway told it will be about 30 days before they put my withdrawal in the system. Lol Well guess this report will be the next fighting. This is crazy I understand that I am fighting for major retro. I have won Major retro 8 years tdiu. But I will tell you the VA has change this not been able to communicate with anyone handling the case. The que system of every 30 days there is a different VA person working your case. Only if you luck will you get a proper regional office decision. I have requested for the last two months for a call from the supervisor of the regional office handling my cavc remand. I post this and I also try to show veterans you need a paper trail now of try to get them to address your statements. Cavc will remand your case if the VA didn't address your upload statements. I really been relaxing on this VA stuff. These phone calls are piss me off an they are not addressing my issues all based on why I withdraw and did allow the negative medical opinion fly. I believe the person who call that asking me why I withdraw had to be the person working it. When I ask about the VA docket my appeals not return the cavc remand to the board front of the line by law. They didn't want to talk or address that . Last what cavc remand issue do you think. That is number 80000 on the docket. The pending appeal from 2003. Lot of Retro. That is sitting at the back of the line now. Smh. I will get it advance again. I am going to wait until all my other issues are out of the regional office hands. They will not address the smc l for my mental health. Even after I had a informal dro hearing and Comp exam that was favorable. When you ever seen a veteran have a hearing and Comp exam and the dro and bva don't address it or the hearing. I can't make this up. Well two smc l give the smc o and r with my need of in me care. It going on 4 lot of Retro. Ok the mental health pending in appeal from 2003. Soc stated the appeal was closed. Well how did I reopen a closed issue. I think the only way is using new service records. Lot of Retro So they just put it at the back of the bva docket. Smh to not address it no time soon. Crazy part my case appeal are all advance on the docket. They remove that. I can't make this stuff up. You have to be on top of stuff now or they will posting to help veterans that may Disclaimer I am not a veteran agent an i am not acting as one.
  17. VRJake206th I will say you have in light me more to the law on this. I will be using some of this info when my appeal is return to the board in my arguments They are not going address it but the cavc will. Yes I am waiting on the cavc court to address it or denied my writ. Then I will filing the appeal to the federal circuit court. This will be my first time doing this. Because I feel this legal questions need to be answer. This is a injustice to veterans and is causing undo dely to veterans remands. I will see if a lawyer wants the case once I fill. If not I will do it alone. Like me they have remove my cavc tracking and expidate treatment. Grove v Nicholson precedent address how cavc remand are to be treated My case with the 23 docket number isn't listed as a cavc remand anymore. They are tell me I have to request to have it advance on the docket again. This is the 3 advance on the docket due to there errors. I just want veterans to be aware of this. It can add years to a cavc remand or bva remand. Guess we all understand how all the legacy appeal are disappearing now. An it aint because they are making decisions. They are cooking the books
  18. I never stated that I ask a ? were did you see it stated that a veteran has to not be working to get smc benefits. I could be wrong. An ask were it is stated a veteran has to have a 100 rating to get a&a or smc t. I am try to educate myself smc maybe I am wrong about it. If there is a law that is stating this I would like to see it so I can stop telling veterans they don't need 100% rating to apply. An I just be going my experience ify applying and get smc benefits. I was not saying that you don't understand smc. I simple ask a ? Were I can find that info Disclaimer I am not a veteran agent and am not acting like one.
  19. Were does it state veteran can't be working and get a&a. I think the poster stated his mom handles his VA payment helps them get dress daily its in his record. I would think So that means the VA understand stand the veteran has problems. It just seem ppl are put more into the rules on smc than there is No where does it state you can't get smc benefits if you are working. I would like to see it. The VA fought against tdiu veterans that can't work to get smc benefits. Where tdiu had the same respect as 100 percent veteran for smc purpose. Case. If a veteran has a payee this has to be rule on by VA right is that saying the veteran isn't competent. Not sure how that works. If a veteran needs help get dress daily. One requirements for smc l An you do have to have all the listed thing to get a&a. Smc L This is all my opinion. An my understanding of smc l which I receive. An learn about on hadit look up former member and other older post on hadit. He fought many smc r and t Cases for veterans an was the hadit family experience smc benefits person. An he is accredited agent at the cavc and bva . Disclaimer I am not a veteran agent and am not acting like one
  20. Ok I have and am see a lot of veterans stating that the VA are ordering exams to address other comp exams. Since when is this the process. The VA is to weight all veterans evidence list it on a decision. By law. This is how the benefit of doubt is made and works. Guess the VA is eliminating that. Sm Were does it state for the VA to get medical opinion against veteran evidence or to address other comp exams already on file This is developing to deny folks. An a new tactic by the VA and it is causing undo dely to veterans. An sending veteran to unnecessary comp exams I have had over 7 8 comp exam for loss of use even a specialized comp exam order and I just got a remand order to get a medical opinion to address All my evidence. Do you see the problem. Basically the VA is trying to get a negative medical opinion against all my evidence. This is right and against VA law. My disclaimer I am not a veteran agent an am not acting like one.
  21. I don't see any where we're it stated that a veteran has to have a 100 percent rating for tbi to get approved. So I would apply for smc benefits TBI and stated that you are not applying for and increase rating. Unless you are a applying for the increase. Because yes the VA will try an open all your disability for an increase. They did it to me. My disclaimer I am not a veteran agent an am not acting like one.
  22. Like I example you before Why would the veterans have to need or open there disability up to apply for smc benefits. You don't have to have a 100 percent disability to apply for a&a. This has been address on hadit. My conditions are not 100 percent and I got smc l and half. Only thing I see is apply for smc benefits for the mental health and if you receive in home care plan look at it to see what service are been provided. This would be evidence If you are in the va care giver program if the mental health is address there that is evidence. Like I say they will send the veteran to a aid and attendance Comp exam for the mental health to see if it effects your ADL. Do allow them to reopen or act like you are applying for increase rating. It will open a whole can of worms. I apply for smc benefits and they open increase rating for all my disability I withdraw the claims. If you are applying for an increase fine but do let the VA do it. My opinion My disclaimer I am not a accredited VA agents an am not acting like one.
  23. I have been on hadit 20 years. I learn about cue from them old post and won retro. With the help of Carlie and Berta and many others that help build hadit up . I learn about smc From old post an former member. I am smc l and half from that info and fighting for my smc r So to say the older post mean nothing is crazy to me this is my opinion. Why does hadit have a search bar than. Yulooking is my old screen name. You can Look u those old post. I just seen that veterans can't even vent on hadit anymore. I been venting on hadit 20 years. Lol What change. The site is veterans who hadit it with the VA. Now veterans can vent about the VA. Lot of new rules. I probably get ban for this post lol I don't understand what's going on here lately I think I might have to fall back a little hate to get ban I like help veterans who hadit it with the VA
  24. I would say yes they will have to wait until they order the exam an get the exam report. Before they will make a decision
  25. Yes but the VA will fight it tooth and nail. Long as your aid& attendance address both issues. Example In my my name in home care plan is for socializing and medicine remainder that is for my mental health The get dress help bathing etc would be for my physical condition. I had a dro hearing and was send to mental health comp exam to see if my mental health effect my adl. Favorable exam. It been 4 years try to get the VA to address it. There are post on hadit about this with great info on how to attack it.
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