Mr cue

Ok I woke up today with new energy to fight the VA for my smc benefits. I was at the point of it is what it is. After reading all the bva decisions posted in this thread for smc o and r1. Based on the two smc l aid and attendance. It got me to feeling maybe the next bva decision on my 2nd cavc remand will address it. The smc l for my mental health and the smc o and r are with one bva judge right now. Waiting for decision Last time I had the smc l for mental health with one judge. I had the smc o and r with a different bva judge The effective dates for smc s and l for my upper extremity was with another bva judge process ama appeal. when I never opt in or requested to be removed from legacy 3 Different bva judges rule on a smc benefits. 3 different bva decision appeal to Cavc. this time they are trying to make it two different bva judges decision. by trying to remove the smc effective dates from legacy appeal to ama again. which has different rules for effective dates. Less retro under ama. smh. well the smc o and r and smc l for mental health and my loss of use is with one bva judge. let see how they handle this. I am still waiting on the cavc judge to rule on my petition for relief. I never requested or opt in to ama. THe VA can't just remove your appeal from legacy appeal to ama appeal system. the VA has been try to remove my effective dates from legacy for a year. I have a cavc order to merge my legacy appeal back together. 5/27/2022. And when the cavc remand it again August 31. The bva removed it again from legacy. Just told the court I am wrong they can't merge the two appeals. Because one is legacy appeal and one is ama. Smh. Never address how it got removed or the court order. So now I sit here waiting on the cavc judge to address this again. After she order all my appeal my appeal merge back together 5/27/2022. The same cavc judge has the petition. I beat that the cavc will not even address anything an tell me the petition is moot. Again happen last time. How end up with 3 bva decisions last time. I will have 2 this time getting closer to one. Guess next year.smh When you ever seen a smc benefits claim treated like this. T

Ok so here the best I can do. Ok after the initial claim the VA doesn't have due to assist. Well who are they assisting by order all the exams. If a veteran ask for a decision based on there record and evidence. I think this is how you would show developing to deny. Is VA duty to assist mandatory? VA's Duty to Assist requires VA to assist you in getting evidence, such as medical records, that's needed to support your case. VA's Duty to Assist applies during your initial claim and if you file a Supplemental Claim. If you request a Higher-Level Review or Board Appeal, Duty to Assist doesn't apply.Oct 12, 2022

Last think I think these comp exams would fall under the VA duty to assist. My thing is when can veteran say they no longer need there assistance. An say they no would like a decision based on there record and exams. Been looking for a case

Yes it is these days They don't even send exam reports back they order all new exams now. Before they didn't make veterans do this many exams. But like the oig report say there is no one tracking this. So once a rater order exam the case go back in the que. 30 day hold. Happen to me for 5 month of shopping my case. Yes it getting out of hand.

Ok we have posted the oig report Which shows the VA are and is ordering unnecessary comp exam. There is a problem. Now I don't understand why ppl are not try to help veterans fight the problem. Or give advice on how to take care of the problem. This isn't about anyone feeling. The oig said there a problem. An there seem to be a lot of veterans posting about the problem. Now in my case I apply for smc benefits. I had 8 comp exams and they will not address not one of them. Here is one of the rules on smc benefits I don't think 8 comp exams and still trying to order them would be using considerable care. IV.ii.2.H.1.d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n) Exercise considerable care when requesting examinations in connection with claims involving SMC under 38 U.S.C. 1114(1) through (n). I will post the law that cavc remand are not do over. got find it. Which means they can keep ordering exams. I had a cavc remand we're the bva judge got it an said I improve and order more exams. I am sit here waiting for two bva judges to remand my cases again. AN I will bet that they remand again for more exams. the VA can't keep moving the goal post.

I did this also and they started trying to order a ace exam. Qtc lhi nobody would do the ace exam . They never send it to the VA. I hate it to. I am like you I don't want no more exams 8 comp exams is just crazy to me . Good luck you have some thinking about how you want to handle it.

Well when they did this last time to me after my first cavc remand. An I refuse the exams I uploaded all the statements. They didn't address them. They just denied it. I appeal to the court the court remand it back. Because they didn't address my pleads and didn't address favorable evidence. I am waiting for the bva judge to remand it to VA for more bogus exams. I just don't feel they are going to address my evidence again. Case been with two different bva judges for a month now. I don't know what you can do but go to exam an if it's not favorable fight it on appeal to the court is the other option. Either way if it's a bad exam or you refuse you will be appealing it to the court. Or you can refuse ask for a decision based on your record and the comp exams you already had. Hope they address it. If not you have something to appeal to the court . It crazy to me these comp exams are get out of hand. The report talk about it

Yea it crazy. I am waiting for them to try this with my court remand again and I am refusing there exam again. They can denied it if they want the court will send it right back. I have had 8 comp exams for smc benefits. Smh. I refuse to keep going to exams until they find one to mess up my appeal. Smc benefits are to be granted by the record and effective by the record. But they will not address my record or there exams or the 5 bva decisions which are all part of my record. They keep ordering exams smfh. I will uploaded my statement again about them developing to deny. An I am going to include the oig report. About all these bogus exams.

I would believe not because I have never seen anything like this. You have to opt in to ama system to be removed from legacy. I never opt in crazy part they put the nod they made me do after the first cavc remand. As a exhibit. On the nods there is a box you check to opt in to ama system. Well the box isn't check. We will see what the court do . Just so ppl don't think I am crazy and like to fight the VA about nothing. Here is part of the response from a bva Further, Mr. Santoro averred that while Petitioner’s two legacy appeals have been merged into a single appeal stream, his third appeal, which was adjudicated under the modernized review system, was not merged with the legacy appeal. (App. A). He explained that “[t]he Board does not adjudicate legacy appeals and modernized appeals in the same Board decision as they involve two different legal systems with different appellate procedures, appeals periods, and evidentiary records,” and that there are “different tracking and Congressional reporting requirements” under the legacy and the modernized appeals systems. Id. (citing to 38 C.F.R. Pt. 19, and Pt. 20 for the differences between two appellate systems and to 38 U.S.C. § 7101(d) (tracking and Congressional reporting requirements). Ok here is the court order from August 31 2022. 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) So if you can see to not address the Many year of retro they be are try to keep my effective date for smc s and l in ama system which has different rules. It crazy. So basically I am fight to get the bva to follow the cavc remand order. We will see if the court will enforce it own order on the bva.

Well I wait all this time for the VA to respond. An there response was we processing the appeal in ama system. Never address the court merge my appeals back together. Never address that I never requested to be removed. Basically they didn't address anything. But that the case was process in ama system before and they will be processing it again in ama system smh Well watch the court not even address it own order and call my petition moot. Smh. So now I sit here to be denied my effective dates because of ama system rules. And then have my other issues will be remand totry an order exams again. Guess I will be fighting this case again to get it return to the court crazy this year smh.

I woke up stress on my writ and cavc remand. Well today is the day the VA is to answer my writ. First I feel they are going to wait until the last min before the court close. Smh. Than I feel they are about to not even respond to my issues. An the court is going to blow it off. An say my writ is moot. My case has been with the bva since August 31 when the court remand it. They will not send or say what they are working. Just the bva decision date Nov 22 23 Feb 14. Smh. The cavc remand is sitting with two bva judges since oct 19. With one issue been work as a legacy and my effective date been work in ama. Ok I never requested to be removed from legacy appeal. There is different rules for effective date in ama. This why I feel they keep removing the effective date from legacy appeal. They have change the appeal date to 2021 when this all has been a legacy appeal from 2019. They send me a bogus nod after my first cavc remand and use it to start a new appeal stream. But I never check the box that say if you would like to be removed from legacy. This has been a 3 year thing to get them to address this error. The court order that all my appeals be merge back together and give one decision because they are intertwine and should be give one decision. They removed it again an will not address the court order or anything I write. How can the cases be with two bva judges and not one of them choice not to fix the error. I really am starting to feel I Am never going to get a proper decision on this. To much retro do to there errors Just venting and getting piss off. Never seen smc benefits been treated this way. Well we will see what today brings. Last I feel the bva judges are holding there decisions to way and see if they can get away processing the effective date in the ama system. So they can denied and state that can address that far back. I bet my dog lol. An than back to court I go a 3 rd time for the same issue. Ok I am going to try and relax lol

Lol I don't have to post what I ask tbird. Because It was between me and her Nothing more nothing less. Man listen if we are here to kep it real this my opinion b and the gang are from the other site and started doing things. That change thing Everybody that are hadit regulars are ban from the site but there are a few that play both ways. With no problems. An came with there ban don't disagree with mond. Shit they even started closing threads. This wasn't that type of place so there my two cents. First it was ever veteran needs a imo to win. Next it was I can't post about my experience with the VA. Next try to tell a veteran how to spend there retro. Even told the veteran check your pm.to talk about there retro. Now if you think thing like this don't stop veterans from posting. Smh The whole gang is posting in here so take it as you like. So what do you think is going to happen to hadit if the gang take over hadit. Smh If I had my way tbird keep hadit an the bills are paid. An kick all the ppl who really mean hadit no good would be gone. That is my opinion.

Yes this site has been a wealth of knowledge to me. An others. Myself before I came to the site I didn't understand anything about VA stuff. Old name was yulooking and you let me vent than an I thank you. Just like you let me vent now lol I was rated 10% under a gunshot rating code I don't have a gunshot lol keep getting denied increase couldn't understand. Berta and Carlie show me what a cue was. Other were posting about rating codes And things turn for the best after a little homework. I didn't understand smc I will say the hater help me understand that by his post. I watch the hater lol become a agent while on the site helping others. I am really just give my hadit experience and what it did for me and others. This was really a family back than. Don't get me wrong it still a family just a lot of changes in the family.

Let me start by saying I am not take up or pleading for anyone. I understand this is your baby I watch it grow. I also watch other help it grow. An also grow with the site. An than others were forces out by newer ppl with no good for the site. I respect your retirement because I understand that thing have change. But I can see were hadit is going. But I will be here until the new regime ban me for having a opinion on how to handle things. That maybe different from there opinion. T bird I wish you the best you build a great site that help so many. I don't think veterans who are struggling to get help. Need to hear well if the police put handcuffs on you can do anything. We the VA is the same. Follow there rules. Is that not making a veteran feel like there a joke. An they never posted again. I think that kills the site more than anything because the veteran never even respond back. It just wasn't like that before but I understand things change.

Yes there isn't much you can do if your attorney doesn't feel or want to do a writ and feel the waiting is normal. I think all.you can do is to be patient. Cck did the writ for there ppl because they feel the Long waits are no legal. I did a writ because the bva keep removing my effective date appeal from legacy appeal to ama. When I never requested it I did a writ because the bva delay was causing harm to health. When my case was advance on the docket do to my need of help. There are many reasons a writ can be done. 9 out of 10 are denied but sometimes it get things moving again or the cavc will order the VA to respond to the writ.

Now I can say there was some hating in there an some hurt and Truth. Ijs. Things did change. There is no more debating law. If you disagree with with other with power you are now ban or block. 25 years never seen this.ijs I haven't seen the ppl of power speaking up for the site or even in the post. But they took over things But they started turning a veteran post into jokes when veterans were posting for help. I never understood why this all started over imo doctor's to keep it real. But there was no more debating it was canceled kick off or get rid of everyone who didn't fall in line. That was never hadit. I had dispute with Carlie Berta and other. About different info. During my cue. Because some though I was crazy but I won 8 years retro tdiu. An the debating help me understand the in and outs. Now it a different thing if you don't agree with the ppl in power. They try to ban you. I must say there is one site that does this and the same ppl started doing it on this site. Bashing veteran blocking them. Make there post a joke. And they are over here doing the same thing This is my opinion I could be wrong. But when ppl that were here from the beginning offering there help are ban. Because they have don't agree with ppl of power. I think that will change things.on the site I will get scolded for posting this lol but it my opinion.

The cck writ only apply to the veteran they put on it. What does your lawyer say about the almost 2 year wait. I don't believe you can do a writ pro se when you have a lawyer on the case. I believe your lawyer would have to do the writ to the cavc court. The same way cck did the writ for there ppl

Man my fight to get the other smc l has been crazy. The last denied was your mental health doesn't effect your adl. So you don't have two condition that effect your adl. That was it. Cavc just remand it back to bva to address my favorable evidence. Let see what they come with it Here the crazy part I had a dro hearing and was send to the mental health adl como exam. They have been refusing to address this. I already have the smc l for my upper extremity. The smc l for my mental health will give the smc o. I receive in home care based on both. But I am have the hardest time In the world getting a proper decision that address it.

This was good info on how to fight for the two smc l a&a for two separate disability. This give the veteran smc o. Than smc r.

Update the judge granted the extension. Lol. 5 day after the VA was to response. Well anyway they have till November 20. So we will see what they come up with this time.. Both cases have been with a bva judge since October 19. So I see two decisions coming. Or my cavc remand will be prolong longer. The cases been with two bva judges a whole month. An not one of them can read the cavc remand order. To merger all my appeal back together. No one can address that I never requested to be removed from legacy appeal. They will just hold making decisions an not correct the error. So I sit here with a VA lawyer and two bva judges.. Any not one of them will address any to do with this. Crazy.

I really hate to see the site go it has help me and other alot. An we're else can I vent lol. Thank you t bird you created a great site. I been on the site since 2000 an I can see the change in the traffic on the site. I will like to give you a personal thank you the site was a life saver for me.

I been try to understand why the VA keep removing my smc effective date appeal from legacy. When I never requested it I think I found the reason.

My ? Is isn't there different rules on a effective date ama appeal and legacy appeal. Like I seem to remember something about how far back a ama appeal can go back. I could be wrong.

Just got to vent I am starting to feel like VA isn't never going to address my case. This has been two cavc remand two writs. A two year fight about remove my effective date for smc appeal from legacy. An trying to process it in the ama were there are different rules. For effective date. They have done this a 2nd time even are the cavc court order all my appeal need to be addressed together. Now I am sit here with no answer to my writ when the court order VA to address it Nov 10. I sit here almost 4 months after the court remand my case a 2 nd time. With my appeal with two different bva judges as of October 19. One appeal in ama one appeal in legacy. So it will be going on a month sense my cases have been with a two different bva judges. An not one of the bva judges choose to merge my appeals back together as the cavc order. Man this is put a drain on my mental. I see how veterans say forget it because I am almost there. I no the next step will be a remand and they don't address anything. Now then I will have to fight to get the appeal return to the board. Just did this for 6 months. If they remand again and don't address anything. I will be doing a cue for my effective dates. One way or the other they will be addressing this. I refuse to let them mess with my mental an hope I give up. But this is a harder fight than when I won 8 years of retro tdiu. 2012. Do to them leaving my appeal from service in appeal status for 8 years. Ok just had to get a little bit of it off my chest. Well the cavc court never rule on the extension by the VA. They didn't respond and I guess will not for the 10days. The court hasn't address that there hasn't been any response to there 30 day court order. So I just sit here with nothing. They haven't even docket my motion I put in Fri. This is just one crazy case.

I think veterans let the VA play games with loss of use. A veteran doesn't have to have total loss of use. This is from the lawyers hill& poton might not have spell that right be the law firm. To make the VA definition easier to understand, let’s take a look at an example: picture a coin on the center of your kitchen table. Are you able to pick the coin right up with your fingers, or do you need to slide the coin to the edge of the table and push it until you can allow it to fall into your hand? If you’re unable to grasp the coin immediately, that is an indicator that your hands may not have a substantial remaining function. When considering whether you may qualify for Loss of Use of Hands, some other questions to ask yourself are: Do I have problems lifting pots and pans in the kitchen? Do I frequently drop my eating utensils? Is it difficult to wash myself in the shower due to lack of control of my hands? If someone places something in my hand, can I feel it? Am I able to type on a computer? Can I pick up a pen and write a grocery list? When I am driving, do I have full control over the steering wheel? Am I able to button my own shirt? Can I tie my shoes?