Mr cue

Ok I am going to leave it alone. Tbird you need to address the closing of old post. So now the site is running by a few ppl opinion on VA benefits. An they have to review old post This is how most of the ppl you are talk about got educated posting in the old post thread and get info. An last there aren't any accredited agents on hadit so everyone is post there opinions. An trying to help veterans Well that is the way it use to be before all this new stuff .

Ok there are veterans who case we're remand by the bva to the regional office. Everyone understand after the regional office finish processing the remand orders. The appeal is to be return to the board front of the line. By law So If you have a bva remand and the regional office have you do a new nod or form 9 They will start a whole new appeal stream. Based on the date of the new nod r form 9. So now when your case get back to the bva you are at the end of the line like you just started the appeal to the bva. This is how they are clearing legacy appeal off the book an I believe it not to be legal. My appeal start 2019 it has been remand by the cavc two times. Bva Remand to the regional office this has happenn both times I now have 3 different docket numbers and some of my appeal work in legacy some work in ama. I have a 2019 2021 2023 docket numbers. The issue they change to a 23 docket number is now 70.000 in line at the board. An they refuse to address or return it t to the front of the line now. The VA doing this add years to veterans bva cavc remand to get a decision or to get the case back in front of the bva judge. I have a petition about this I just ask for full cavc court review on this issues. First step to appeal to the federal circuit court. This is a legal? That the VA refuse to answer. there is no law that allows this. I will tell ever veteran to check there docket numbers after bva Remand to regional office.

Ok I just don't understand this if a veteran took there time to go through all the post and find one that address there issue why can't they post on old threads. There is great info on some of the older threads. So veteran shouldn't be look at older threads. An shouldn't post on one that address there issue. Just asking a ?

The VA deny alot of loss of use under Smc benefits with the statement. There is function remains other than that which would be equally well served by an amputation. With nothing else on The decision. That isn't how it's done here is the VA manual on how the VA should handle it. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and • cannot be delegated to the examining physician. c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a • detailed objective description of remaining function • quantitative assessment of strength for each extremity involved, and • description of any pain that affects use. Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination. As far appeals to the cavc if you are not up on cfr court precedent and VA manual I wouldn't go it alone. Can It be done yes I have to won remands at the cavc. I am fight the VA now for loss of use. They keep stating that the examiner needs to make a opinion on if I have loss of use. The Rules clearly stated Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. So be on the lookout for this.

Some have said they got a copy of there exam by going to the regional office. Is this true

Update well something just told me to call ves today to see what the story is. Well told they did a medical opinion on my loss of use today. Smh Now the VA just call me about the withdrawal but today a medical opinion was made. This process is a joke. Look like this will be going back to the cavc. Told it take two weeks before they will have it back to the VA. Smh. I just want my case out of the VA hands and back to bva. Look like I will be fight this exam without even see it. They are not going to address the withdrawal. I would bet a million dollar on it ? So some say you can go to the regional office and get a copy of the exam is this true

It is my believe and experience that the VA are changing docket number after bva remand to them. It about the wording in the bva remand order. Bva judge call your appeal issue a down stream issue. use the words grant In the first instance. The board granted the issue with no rating. The ro Grant 10% your case should be return to the board front of the line if you disagree. The regional office will start a whole new appeal stream All these thing will get the ro to have you new nod VA form 9 to get the appeal return to the board. When it should be automatic be send back Now when you do the nod or form 9 the regional office is taken them an starting new appeal streams. Now when you bva remand is send back to the board it at the end of the line. An you are waiting years now say you case gets granted. The effective date will be the date if the new nod or the VA form 9. This is my first seeing this move smh. But I bet this is how they clean up alot of legacy appeal on there books. Because this new stuff is crazy I got appeal that I been fight since 2019 remand by the cavc to the bva. I now have a 2023 docket number I can't make this up. I am 70000 in line they don't even address it as. Cavc remand anymore Crazy

If any veteran that would like to understand this a little more google it or look at the many post over the years on hadit there is good info there.

Its my believe that once it done you will have to appeal it. an be able to show how many times they have requested comp exams. Show that your evidence and doctor reports. Stated that a np can over rule a doctor that treat you. The bva might address it the cavc will remand it . Like my case I was send for a specialized loss of use comp exam. Done by a nerve doctor all my evidence is done by a spine specialist and doctors I have the a&a comp exam for loss off use and it's granted. So how do you need a opinion. Along with about 6 7 other comp exams for loss of use that have been order over the appeal period.y they are not accepting any of my exams evidence and will not stated why. They owe so much retro I will probably never get this case address The first cavc remand they Comp shop my case with ever private contractor vhi qtc even the VA hospital They did this for 7 months. I had to withdraw it to get my cavc remand back moving to the bva It got back to the bva decision just stated I withdraw it nothing else. On the bva decision. I appeal to the cavc the cavc remand and told them to address why I withdraw it. Well it gets back to the bva and the bva judge states I didn't mean to withdraw the old remand. No where is this stated on the cavc remand order. Smh An open the same remand order I withdraw and appeal to the court. an stated I refuse anymore exams but to do a Ace exam and tell them to have the private contractor address all my evidence. This how they try again a medical opinion to deny all your evidence I can't make this up. I refuse anymore exams an VA duty to assist. So who are they try to assist. So I was going to go along with the ace exam but now they send it with in person exam now they say I had to wait 30 day for them to fix it. Because It was a error Same bull they did when they comp shop my last cavc remand. So I just withdraw it again. The lady calls about me withdrawing because now they can get a negative exam. She would even address anything else. Why did you withdraw we were sending it back out to fix it. Naw I am alright I will just like a decision on the rest of my cavc remand. So I state all this because this is the way you show the court that the VA is developing to deny. An I refuse to have to fight a negative exam. I ask for a smc decision in my 25 year record and the many comp exam I even point out the bva increase rating decisions. Form 2003 2009 2012. Smc was never inferred. They will not address any of that. All I get is we need a medical opinion lol

The VA has engaged in the tactic known as "developing to deny." This means that VA realizes that it is stuck with your favorable medical evidence unless it can acquire or "develop" another medical opinion of its own that it can rely on to support a denial of the claim

Ok here is the court percendent on it. I seem like it is the new way the VA is handling claim and appeals keep ordering exams until they get one to deny. I will use myself my appeal has been remand by the cavc two time. 21 and 23 Each time the VA try to keep adding medical opinion without address the ones all ready order. I will be using this thread to help veterans understand it and how to look out for it.. My case refuse anymore exams and withdraw the VA duty to assist. An they turn to we need a ace exam. The shop the cavc remand 7 months and still ain't get the opinion to deny. It then turn into we need a in person exam. I withdraw the appeal. Appeals to the cavc they remand it . Next the bva judge Stated I didn't mean to withdraw and now want to open the same remand that I appeal to the cavc . To try and get another medical opinion. I just had to withdraw it again because they will not address any of my evidence. I will be use this thread to add more info on developing to deny. It not legal. 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 decision

This is a issue I have had It sound like they left the claim or appeal from 2010 pending. You apply again and they granted it but will not address the pending issue or effective date I had to do a cue of the old decision to get this address I won 8 years retro tdiu based on the pending appeal.

Ok now I will show you how the VA is refusing to grant my effective date for the mental health. An they don't follow the law. Ok I got the soc for the pending appeal 2003. All it state is it closed that all. Ok I reopen the mental health 2018 and was granted 70% on appeal. It don't address how it was reopen using service records. Smh. 1993 effective date. (c) Service department records. (1) Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section. Such records include, but are not limited to: (i) Service records that are related to a claimed in-service event, injury, or disease, regardless of whether such records mention the veteran by name, as long as the other requirements of paragraph (c) of this section are met; (ii) Additional service records forwarded by the Department of Defense or the service department to VA any time after VA's original request for service records; and (iii) Declassified records that could not have been obtained because the records were classified when VA decided the claim. (2) Paragraph (c)(1) of this section does not apply to records that VA could not have obtained when it decided the claim because the records did not exist when VA decided the claim, or because the claimant failed to provide sufficient information for VA to identify and obtain the records from the respective service department or from any other official source. (3) An award made based all or in part on the records identified by paragraph (c)(1) of this section is effective on the date entitlement arose or the date VA received the previously decided claim, whichever is later, or such other date as may be authorized by the provisions of this part applicable to the previously decided claim. (4) A retroactive evaluation of disability resulting from disease or injury subsequently service connected on the basis of the new evidence from the service department must be supported adequately by medical evidence. Where such records clearly support the assignment of a specific rating over a part or the entire period of time involved, a retroactive evaluation will be assigned accord. Ok here is part of my cavc remand. See if they address the reopen appeal using service records. 1993 my smc is effective 1993. Lot of smc retro. 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) Next I will show how they are put me through all this and are doing it on purpose so yes I get frustrated when a veteran is told. The VA will follow the rules you should do nothing. That is far from true.

Here is court precedent showing the VA shouldn't be remand cavc remand to ro for another bit at the apple. More comp exams after a veteran refuse. So I don't thing the VA follow it's own rules and laws. 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. i will be posting more law that may help veterans.

Ok let say you are tdiu they will not help with anything that is to make money. That was what I was told ilp. If you are 100% the self employment track of ch 31. Is basically go to SBA and see what they can do for you we ain't got nothing for you. Now if you are tdiu and say the thing you want to do is a hobby for ilp purposes You can get help with supplies an maybe help fix up part of your house for the hobbie. It will be a fight believe me look up the case of the guy who got the greenhouse to do his hobby. Ilp It took years and I still can't tell if he got it. Myself the ch31 ilp program was just another battle. My VR&e refuse to put in my appeal on there plan after I did the DC administrative review. Which is the first step to appealing a ch31 decision. DC told them to purchase item and draw up a new plan.. I have got nothing from the program they tell me my case is closed lol. I have all the paperwork in my record an just refuse to start another fight with them . Maybe after this fight I am in now I will fight it.. Good luck

Ok here is the Cavc remand and the bva remand. For loss of use smc benefits. Here are the rules think this show the VA doesn't follow it's own rules. I have a whole remand for a examiner to make the determination. When the law is the rater is to make the determination. Do you think I ain't point this out before the remand. Smh. So no I don't have belief that the VA will do the Right thing. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity • rests with the rating activity, and • cannot be delegated to the examining physician. c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a • detailed objective description of remaining function • quantitative assessment of strength for each extremity involved, and • description of any pain that affects use. Do not request that the examiner • determine LOU, or • express an opinion as to whether there is, or is not, LOU of an extremity or extremities. Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination. References: For more information on • considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and • requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6. d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n) Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.

See I would of let it go but like I have stated many time we all have our opinion on what help us and how we attack the system. But to tell ppl I am causing problems now your opinion is a personal attack. Just like you I have also fought the VA and have done very well. So I will continue to post my opinion and how it works for me so that it might help others. Ok just like you i understand there is va law for all most ever issue. Now if the.va follow the law I don't think there would be remands from the cavc. Yes you can use the law to fight any decision an most likely win at the court like I have done many time pro SE. Based on the law. So maybe you should be stating you will have to appeal to Cavc an hope they address a reduction. Then tell veterans the VA can't do something. I think you are fighting for eed and they ain't following the law in your case. Right So I think this is we're I have a problem. Why tell veterans don't worry or fight there issues with the VA because VA has to follow the law or Don't worry because they will not do something. An they ain't following law in your case an you had to appeal all the way to the court to get it address like me and Many others. So yes evertime I see a post tell veterans that the VA can't or will not do something I will post. Because I think we all understand that not to be true. But you are telling veterans that the regs protect them. Form the VA doing something. You don't see the problem. Ps. We have different opinion an I am not try to tell anyone what to do that the difference. I just put and post my experience an how things have work for me an my feeling on issues. I think that what we all are doing on hadit. Like I keep saying no one is a vso on hadit. I have used hadit to educate myself like many others. An I have used some of your post with the cfr to fight cases. An some I didn't use that's fight your case how you see fit. Last if veteran don't understand the va process and laws yes get help. I like you got a lawyer for my last cavc fight and won a remand. Not because I didn't understand the process. Because I have won cavc reversals and remands and had bva decisions vacated at the court. Pro SE. Because I understand the VA law. Were did and have I ever told veteran what to do. That the difference between me an most others. I post my opinion an experience. I care less who follow it. It's call information. Listen I have been to the cavc two times and got remands. All in 3 years. All my cases are expidate not because I am losing my home or 75 years old. It call educated yourself. I have never wait years for a bva remand. I am up to smc l&half in those 3 years An have a pending appeal found from 2003. Which pays smc retro. I have won a cue for 8 year tdiu retro. I have a cavc remand that tell the VA to address smc o and r. All done by myself so I wouldn't call it insanity. The process is insane. If that what you mean. Smh. Last like I said when I apply for smc benefits 2018. I got my record or c file from the cavc . And there were 4 request to reduce my rating. In my record over the 3 years period I am pt and have been for 25 years. Yes they were all shot down. But if I didn't have the 25 Year protection. It would of been a New fight. So please stop telling veterans what VA will and will not do. Because you understand like I do they will do what ever they feel.

To me all I hear is the VA will follow the law and not do that. But if they did you can appeal an hope they get it right. An if they don't right they shouldn't have did that . So one day you might get your rating back . So if the VA order increase on thing you didn't claim just let it go the VA will get it right. Don't fear losing your only income that you fought for. Because the VA wouldn't do that unless they have a reason. An you can fight there reason as long as you get a imo an hope they accept it. Sound like a veteran should put a lot in the VA getting it right. I am not a veteran that feel the VA will do there job. I don't think most of us would be on hadit if the VA does everything right. My opinion

Ok I think we all understand that the VA Comp exams are no longer done by the hospital. An to our can't get a copy of these exams. If this was the case you would still see them on my health. Now the going to the VA regional office. I am not totally sure but I think they did release them either. The foia is the only way to get a copy of the contractors exams

Smh so if they don't respond we got sue in federal court. Lol. To get a copy of s medical record. From the VA . I don think this is veteran friendly system anymore. They got workman comp and ssi doctors doing comp exams. Now. Yea things have really change

Someone tell me if they get a copy from the regional office. I never seen it. Well I really don't think that will change anything because they are contractors comp exams. Nit VA hospital use to work back in the good old days lol As far as smc benefits if you apply day for a@a there is a Comp exam for just that. There is no reason for the VA to open all your disabilities unless you ask for a increase rating. The law is the VA is to inferred smc benefits with each increase rating claim. But most of us understand how that go.

See this is we're it start. Apply for smc. They try an order exams for increase in all your conditions. You never apply for an increase. They will order as many exam as they need to get the negative opinion. You will never get a copy of any of the Comp exams. Now you trapped. Veterans must be aware and on top of there issues.

I agree with that we need to start a petition on hadit about these contractor exams and not been able to get the results. I would be the first to sign

Good luck with that the same ppl that answer 1800 are the same to respond to iris. Best bet I think veterans have is complaint to white house hotline they will document all these complaints. An hope someone look it to it or at least they see all the complaints. I have been looking into this an don't see no change coming. All complaints now are even answer by the 1800.

Well come to the new VA we're we they can keep order as many exams as they feel an never give the veteran a copy any of them. Plus no one will ever respond to you so we really don't have no way of getting it address.