Mr cue

Ok maybe I am missing something I have uploaded withdrawal an petition for relief and other things to the bva. I think I was using benefits. I look all over VA.gov and all upload are now send to the VA this crazy. So now we have no contact at all with the bva. Man they are making it hard on veterans. Guess I will be just send a copy of my withdraw certified mail and upload to to an wait months for them to scan it and send it to the proper ppl ? am I miss something veteran can't upload to the bva anymore. Or is there a new way that I can't find?

I have only been fight for my smc benefits for 3 year going on 4. They keep piece ne out. I am now smc l/half The lawyer and I found the mental health appeal that has been pending in appeal status since 2003 once we got my record. 1 year ago. I was granted 70% 2018. It should now be effective 2001 the date of the pending appeal. We will see what they come up with. Don't think they want to say it was closed. Open the next can of worms. How did the veteran reopen it .. Service records. 1993 effective date. They been refusing to address the effective date. This is the 2 cavc remand on. this issue. Now yes it has been 25 years of the VA not addressing my loss of use. An yes I have a 25 year record of loss of use with major evidence it listed on the remand order. Yes they refuse to address 25 years of evidence. An keep trying to get a medical opinion to denied all my evidence for smc benefits. Not legal.

Well after going over this with a few legal ppl and some think I will be withdrawing the loss of use bva remands again. An appealing it back to the cavc. First not about to let the VA shop my case again until they find a medical opinion to deny my 25 years of evidence. For smc benefits. They send it to ever contractor for a medical opinion last time. I refuse to have my whole Cavc remand sitting why they try this. Again. So the first of the month I will withdraw it again. The cavc will remands it again because this make no sense. I am on fire after talk about this with the ppl. Sooner or later they will address my case by law.

Well I just got a new letter from the VA with my benefits and payment amount for the new year. The cola has raised my monthly check almost 400.00 that will help a lot with these food price and everything.

Up early try to come up with a plan to get my cavc out of this hole they are try to put it in and bury me. I am just get the plan ready for next month. Because I can't just sit here an accept this. Remands order The more I read it the less it is help me. First the bva judge used the same remand instruction from 2021 to remand my case again. I just fought that remand order at the cavc because I had tov withdraw it because it wasn't legal. The judge stated I withdraw not why I withdraw. But now I want the appeal to continue. So my case is remands to complete the 2021 remands instruction. Smh guess I will be withdrawing again and back to Cavc. This nuts. It the same remand order. They basically have my whole Cavc remand held again with this remands the reason I withdraw last time. They even got the effective dates on hold until they give me a soc about the appeal remaining pending from 2003. They are say they have to wait for the medical opinion to address anything in my cavc remand. An then the bva judge order that I have to do a new form 9 the 3 one to have my cavc remand back to the bva. What happen to Cavc remand been return to the front of the lane. This is crazy. Now they will try and act like my cavc remand is now a new appeal again. This is nuts . An remove all my expidate treatment and tell me I have to do a new advance on the docket. Happen last time. Same thing in the 2021 remands smh An nothing is address that I send to them crazy. You have no communication with anyone or any way to get errors address now. They don't have to address any thing anymore. It's a hope game now that someone with experience touch your case an hoping they feel like address it. Or they will just put in back in the que with a bogus hold or exam order Ok I am about to relax until the new year and I will be pulling out all of the stops after. Last part I file a petition for relief back in October the VA response was done Nov 22. An I still ain't get a judge decision. Smh. An the court is allowing all these decisions to be process in my case again. They really act like it that hard to show were a veteran opt out of legacy appeal. Or opt in ama. You have to do one or the other two be removed from legacy appeal. The VA can't just remove legacy appeals to ama. This has been a two year fight to get anyone to look or address it. Where I requested it. The court merge all my appeals back together. Again 5/27/2022. They will not enforce there orders or even address them smh Man if you got a big case they are going to throw everything at you an hope you give up or mess up the appeal. Or try and give you a new docket number to bury the claim or appeal for years. They been try this stuff for 3 years. Now ok I am done this morning.

Well woke up today feeling different about things the more I read over this remands order. Ok my whole Cavc remand is based on get this soc address the appeal been in appeals states since 2003. Effective dates for smc s and l and the effective date for the mental health. Now they are going to hold the soc until they get the loss of use medical opinion. Last time I wait 7 months for them to Comp shop it to lhi VA qtc. An never got the bogus medical opinion because the examiner isn't to make the determination. Well I am think about just withdraw the loss a use again. An if they don't fix the error it will be remand by the court again. So the only thing I am waiting for is a soc it don't take six months for that an my case is advance. Think I am going to give them 30 days to get this medical opinion. If in anything completed by then I withdraw.

My take is you first have to have a need for aid & attendance. If you working I don't think It would be granted I could be wrong. I believe if you had or were to show the need of help under smc l would be the start point Will they open your other condition yes they will try. They open my 20 year rating. When I apply for smc benefits. Because I feel they weren't granted . I have seen them do it for other veterans to. Me I withdraw the increase rating claims they open. An explain I apply for smc benefits not a increase rating.

Ok here is the rules for loss of use. They keep doing this send my case to a examiner to make the determination to delay my case. The judge listed all my evidence and the specialize loss of use exams order. Now I bet they drag getting the medical opinion if they denied it will be remand by the court again. Smh. They have to give me a soc address the pending appeal from 2003. They are go to drag this. Then make me do a new from 9 to continue the appeal. An start a whole new appeal with new docket number again. This remove it as a cavc remand so I lost expidate and it remove my advance on the docket. They will make me do a new one. Smh same fight over and over. The more I read this remands order it to just put a hold on my case. They are not going to address anything.. Until this medical opinion and soc is process which doesn't take long. I say 4 months if they playing with getting the medical opinion. Ok I am done venting this morning. I got 90 day to do a bva recosideration I am thinking about it because this is developing to denied. What one medical opinion will be used over all my evidence listed. I make no sense 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.

Last I am not upset at broken info and posts they help me with my fight. An understand how the VA think. I have stated this many times. I am just no one who accepted the VA is doing everything they can. I have to much experience with the VA to feel that way. I have had the VA created errors to not address issues I have had the VA leave appeal pending for 10 year. Tdiu from 1993-2001. Because of there errors I just got the court remand and bva remand because they did it again an have left my mental health in appeal status from 2003. 20 years I got granted the mental health 2018 do you think all the VA ppl who touched the granted claim and appeal including a bva judge. An no one seen the appeal had been pending since 2003 or do you think they thought I was stupid. Then I got a bridge to sale you.

Like I said I will be write to the veteran affairs committee. Learn about this from a old hadit member. The committee that start the private contractor stuff an grant the contract. I will be including the oig report my issues with it and other. I will be telling them to pull the Whitehouse complaint on this by veterans. That why I tell veterans to do white house hotline complaint This how you start getting things address. This is how burn pit came around. The oig report stated there is no oversight on the ordering of exams and there need to be. Forgot the oig doesn't understand. An there reports mean nothing to the VA these days

I am tired of all the excuses for ppl who are to be train in the law and when they do follow it. They got to much work. If you can't handle it and do it the right way ppl should be fire. The law state the rater is to make the determination of loss of use. In my case If the bva judge the rater and everyone else in the va don't address there errors or follow the VA law. Were does that leave a veteran. My case is remand to a rater do you think they will address the error no. They will go along a delay the claim or appeal. It will get remand by the court a 3 rd time over the same error. When I am done with this I will be take a page from Berta an start make complaints to the veteran affairs committee in Washington and show evidence and claims. We have to fight and complain that's the only way it will start getting address. Because this is out hand.

I feel your pain this comp exams stuff is getting out of hand. I just had a bva judge list 20 years Worth of comp exam and medical notes. The judge stated I refuse anymore exams. But to get a medical opinion with out a in person Exam to see If have loss of use. An for the examiner to make the determination. The law state the rater is to make the determination. More delay tactics. Like I keep saying the VA disability system is to be veteran friendly. It seem that has all change they don't even feel the benefit of doubt apply anymore.

Sorry to have to post again but I post the pages wrong Well I got the bva remands. First you can't refuse a exam the bva judge has stated I refuse anymore exams. Get a medical opinion based on my record with out a in person Exam. And listed the evidence to be address by the medical opinion. I say that a win. They now have to address that my mental health has been in appeal status since 2001. Win. Smc l or s They still try to not address how I reopen the mental health appeal tho. Service records from 1993. Lol we tackle that later. 1993 effective date not 2001. Smc l or s They now have to address my loss of use. Win. All that evidence listed. Win. Only thing I don't like is that they are try to make me do a new form 9 to continue my appeal after the soc. This is how they play all the docket numbers game. But I don't see them playing with the docket numbers again. Because the judge stated everything is intertwine. An need one decision I don't see no more exam games been play. Just the wait for the medical opinion. The examiner going to not address the evidence the judge told he. Watch this. They are going to try the exam game with the medical opinion. I got this tho. Only think they are playing with my smc l for the mental health. I had a dro hearing and was send to exams after the hearing 2019. Favorable. This give me the smc o and r 4 years 2 cavc remands and they aint address it in the remand order. Smh One again they are just leaving one of my appeals in appeal status. But I work on that later. If they don't address it or the bva judge. Back to Cavc .smh But all in all I am happy with the results I just now have to get them to address it fast. My case is advance in the docket. So let's see how they try to delay it.

Well I got the bva remands. First you can't refuse a exam the bva judge has stated I refuse anymore exams. Get a medical opinion based on my record with out a in person Exam. And listed the evidence to be address by the medical opinion. I say that a win. They now have to address that my mental health has been in appeal status since 2001. Win. They still try to not address how I reopen the mental health appeal. Service records from 1993. Lol we tackle that later. 1993 effective date not 2001. They now have to address my loss of use. Win. All that evidence listed. Win. Only thing I don't like is that they are try to make me do a new form 9. But I don't see them playing with the docket numbers again. Because the judge stated everything is intertwine. I don't see no more exam games been play. Only think they are playing with my smc l for the mental health. I had a dro hearing and was send to exams after the hearing 2019. One again they are just leaving one of my appeals in appeal status. But I work on that later. If they don't address it. But all in all I am happy with the results I just now have to get them to address it fast. My case is advance in the docket. VID_2022-12-15-11-48-32-672.mp4

I am one to think its about your medical info. I am smc l and half. So far. I had solid evidence with ever win I had. Even getting extra schular tdiu from 1993-2001 because of a VA error 2012. I try the ime thing 2000 2001 that didn't even address it. think I pay 800-1000 down the drain for me. Now with all this new Comp exam stuff and the way the VA just refuse to address the issues veterans are claiming. I believe there will be more veterans having to spend to get there medical records address. Which I feel is a injustice alot don't have that money to do it.

Well got another email this morning decision made on the legacy appeal part. Remand The ama part was remand yesterday It now say remand to correct a error I haven't gotten the decisions fax yet . Now let see if the error is put all my appeals back together in to the legacy appeal. I am not going for no more exams I don't care they can denied it. I will take it back to the court they are going to address my 25 year record and 16 comp exams that are part of my record. An 3 bva increase rating decisions that are part of my record. For my smc this time My case is advance so let's see how the regional office try to delay this time. Last thing I will put the date of decisions dated of comp exam and there result this time on my statement. Since they act like it not there job to go through the record in my case. If they refuse to address them the court will remand it again. The cavc remands states address favorable evidence. Ok let me try to get up and get these decisions fax. One decision is 15 page don't no what this one is. They about charge me 60 70 buck to get this fax lol. But I need it to settle my mental I can see her 2 3 weeks. For no mail. Smh

Last person I seen that was accredited around these parts is gone. That git accredited while a member I could be wrong

I like the email thing make you feel like they care lol. I been dealing with the bva since 2003 on and off never got a e mail Well update I spoke with a nice guy in the 1800 number. Got him to read the remand letter to me lol. Well I might be tripping they had all my issues and stated that the court say they were intertwine. Like in one decision. I got see the letter and how they did it but it sound good to me He told me he don't see no request for exams and the remand didn't state remand for exams this time. So that makes me feel better. So now I can relax and wait for the letter I mean fax the letter in 2 days lol.

Lol now my case was remand for exams for effective dates for smc benefits. I am just done with the VA all the bogus stuff. The rater us to address your record for smc benefits. Because they never infer it in my 25 year of being disabled I am going through all this. I am bit about to have to start a new fight with all this BS como exam stuff. Watch when I denied I will never get the denied it my case return back to the bva. I am just don with it. I got a trick fir them tho I am about to turn the suppl in a higher level review. No new evidence. That why they try to remand it as a supplement Let me relax an handle my business if change Lanes We don’t know yet when we’ll be able to make a decision on your claim To decide your claim, we need to complete your in-person claim exam. But we don’t know yet when we’ll be able to schedule your exam. We stopped scheduling in-person claim exams because of COVID-19. Now we’re starting to schedule these exams again in many locations. Find

Well no need for the letter. Smh. This is just crazy but I will okay the game. For the next six month. Ok smc benefits is based on your record and effective by your record. How hard is this. I can't wait to see why it was remand again. It's like no one wants to address my case. 3 years. If my record didn't show smc they would denied it. Happy but pissed effective date earlier than June 11, 2018 for the award of special monthly compensation based on aid and attendance criteria being met is remanded. (Supplemental) Entitlement to an effective date prior to May 9, 2018 for the award of special monthly compensation based on housebound criteria being met is remanded. (Supplemental)

Ok first I have never gotten a email that a decision was made by the bva. Smh. Is this a new thing? Can't wait to see it. It should be the effective dates for smc l and s that they removed from legacy appeal. Will post once I get decision. I will give it two days then have them fax it. I really don't feel good about this. Smh. At least I can move to the next fight. The Board of Veterans’ Appeals issued a decision on your appeal that will be sent to you and to your representative, if you have one, shortly. Please do not reply to this email, as this account is used for sending messages only

Lol this is just crazy so I look on VA.gov to send if the bva judge made a decision on my cavc remand. Well the effective dates appeal for smc that they are trying to process in the ama system. No longer show under the issues. There is nothing under the issue tab. The legacy appeal now say increase rating for my 20 year rating. Lol the cavc remand has nothing to do with a increase rating. This is crazy. So I guess I will now be fight this. All this for effective dates for smc benefits. I could even tell you what the VA is working on now. But both cases are with different bva judges. I am going to sit back and just let them play there game there isnt much more I can do. But try to speed up the denied. Because they are not going to address my case again. 2 cavc remand and I still can't get a proper decision crazy. Maybe the 3rd will be the charm. The cavc judge should be sick of all this. But I am starting to feel they aren't going to address it in my petition. Just venting. Crazy I can't even get a answer to if they are processing the proper issues. All to add more delay

Didn't the poster get the outcome he was look for. By handling his appeal or claim the way he feel fit. The site is veterans helping veterans that hadit with the VA.

Yes I feel we are going down a rabbit hole. I am also a long time member The site was veterans helping veterans who hadit with the VA. Now it seem to be a lot of different stuff. Ppl telling veterans the VA has rules and follow them. Let keep it real no one is a accredited VA agent. An it illegal to act like one. So I don't think veterans are come here for legal advice. Well I don't I come for information that might help me understand different stage of the VA process. My thing to all is educated your self and handle your case as you see fit. No one can tell you the out come of your claim or appeal on this site. They are given there opinion. An I believe we all fought to be able to have a opinion an not to be told one person opinion is gold. Educate yourself that is how you win your claim or appeal. Most of the veterans who won fought the VA for there benefits. By addressing the VA errors in there case. Not just sit back allowing the VA to take them down rabbit holes. Learn the VA traps and delay tactics. Educate yourself on your condition and how the VA is to rate it. I don't add my opinion to thing I never did or have experience dealing with. Glad hadit is stay open but remember the mission. Veterans helping veterans that hadit it dealing with the VA. That what attracted me to the site. Not ppl acting like accredited VA agents when they are not.