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Mr cue

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Everything posted by Mr cue

  1. Have you not been warn that I will post about what I feel and will post my experience with the VA . An if you don't like it you don't have to respond. Attack me over the VA abuse of the private contractors exams. Is showing you are not helping veteran understand the problem. Didn't the oig say it a problem If all you have to add to the issue is that I am telling veterans to refuse exams. Smh You can should keep it to yourself. Because not once has you address the problem. With the private contactor exams An how to attack the problem. Which is how you help a veteran. Oh your way of attacking the problem seem to be to tell veterans they can't fight it. Which to me is a dis service.
  2. Ok I have never said call and refuse a exam. Example you apply for loss of use then you attend 5 comp exams for the same issue. Than they order a specialized exam loss of use Comp exam. They never address any of the exams. An denied the claim. You appeal an its a remand. An they try to order the same exam over again. Would you keep allowing it or would you start fighting. When does a veteran say address the exams you order. They will send a veteran for a whole new exam because a box isn't check. That is how it work read the oig report. Now if you apply for benefits and if you think you can refuse a exam that is on you. Because you will never get your benefits. But I believe everyone understood the difference between fight and refuse. You just got some that can take the message because of the messenger
  3. Woke up with this on my mind. Ok there is now a VA lawyer on my petition. About the bva handling of my cavc remand. An not following a cavc remand order to merge all my appeal back together in legacy appeal. Ok this my thing you would think I could address this with the VA lawyer. No. They will not address it with me. So I sit here hope someone read my petition and address it. Smh The VA feel it doesn't have to talk with a veteran during any process of appeal or claim. Only will listen if you requested a hearing that take over 2 3 years to get. Ok i am done. I will just wait and see what the court do.
  4. Yes this is record speed the VA lawyer has put there appearance on the case. Well let see if the judge order the VA to respond.
  5. Lol we were did I say refuse a exam Were does the oig reports say refuse a exam. So I prove my point read the report and talk about that because I didn't tell anyone to refuse a exam. You. Are do a dis service by keep try to tell veterans not to fight some thing the oig found to be problem with. That the real dis service smh don't get mad at the messenger.
  6. If the bva doesn't remand it the court will They can't they are doing to much and the rater should of never closed it. They need something from you in writing to close your remand. Not a statement from a private contactor It will be address its just away to prolong thing smh
  7. Lot of money been spend This isn't from me this is a oig report smh Date last month. So ppl can now stop attacking the messenger. Lol This isn't even a problem for me right now I just be showing others how this VA thing work
  8. Man my writ has been assigned to a judge today. That was fast it's with the same cavc judge that order the VA to merge my appeals back together. And just remand the case to them . Let see how this go Assigned case to CJ Bartley (PTD)
  9. Did you see there is a oig investigation in the ordering of comp exams. I guess you didn't read the report an are more worry about me posting it. Smh.
  10. Happy to see the oig is aware of the problem. I will continue to tell ever veteran to do a white house hotline complaint. An to add this to there record if the VA keep ordering the same exam over and over. Seem they didn't have the oversight that other claim. I wish I had a way to keep this oig report up on hadit so everyone can read it. An understand they can fight these exams
  11. Well today I send my petition for relief. It was place on the cavc docket today. Well the VA choice not to contact me or fix there error. An I refuse to wait for them to process this than have to appeal back to the court a 3rd time smh Let's see what happen this time. With the petition and see if the court order them to address this. I had over 5 different appeal at the court 2 petition that have been file on this in 2 years. Over 7 case have been at the court because the VA refuse to follow the law. Each time it is remand back by the court the court even merge the appeal back together. An they still refuse to follow the order I just cant believe they keep try to remove my cavc remand an legacy appeal. An place it in the ama system when I never requested it to be removed. Ever. It would take ever bit of two minutes to look an see this. But they refuse. I tell ever veteran that has done a new nod or form 9 after a bva or cavc remand to check your docket numbers. The VA regional office are making veterans do new nod and VA form 9 after a case has been remand to them. They are taking them an starting new appeal stream. Were they change your docket numbers. An not return case back to the board. As it is to be by law. In my case the appeal started with 2018 docket number. I now have 2 issues under the docket. The other has change to a 2021 docket number under the ama system. Some might not understand this.
  12. Yes this is the case I am talking about but like this case it will open to many doors for veterans. An I just cant see it but if it did. I have a few issues that were grant that I would love to have a 1993 eef for them. Date of service lol
  13. I will bet my house this will not fly with court. Open to many doors to to many veterans. This with all the water claims will back the system up so bad it would be years before new veteran claim from service would even be address at the regional office. Not try to be Deb downer but things are already crazy at the va these days. Didn't the supreme court just shot down the last veteran case that was in front of them.
  14. This has me so mad If the court stated that my issue are intertwine. An merge that all back together. Well yesterday I found out they have removed the housebound appeal. From legacy appeal again and are try to process it in the new ama system. This the court order. If they process it in ama and remove it from legacy. The laws change on the effective. I now have a 2021 ama docket numbers Why all the other appeals are under 2019 legacy appeal docket. So this time I will get 2 different decisions. Last time it was 3. I have send and upload my writ to the board. An it look like I will be filing the writ. I put the notice of appeal i2 day ago to the court just wait for it to be docket. Then I put it in Ok let me get up and make more phone call because this make not sense. 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."
  15. Title: VBA Could Improve the Accuracy and Completeness of Medical Opinion Requests for Veterans’ Disability Benefits Claims Report Number: 22-00404-207 Download Report Issue Date: 9/7/2022 City/State: VA Office: Veterans Benefits Administration (VBA) Report Author: Office of Audits and Evaluations Report Type: Review Release Type: Unrestricted Summary: For veterans seeking disability compensation benefits, the Veterans Benefits Administration (VBA) requires a disability exam to determine the severity of a disability or a medical opinion on whether a current condition can be connected to military service. VBA has committed an estimated total of $6.8 billion in contracts to complete disability examinations and medical opinions over a five-year period starting in 2016. Because medical opinion requests can be vital to ensuring veterans receive the benefits to which they are entitled, the VA Office of Inspector General (OIG) examined whether VBA staff correctly followed procedures when requesting medical opinions. The review team found that VBA can reduce inadequate medical opinions, incorrect or delayed claims decisions, and wasted resources by improving internal controls, personnel training, and monitoring of medical opinion requests. The team estimated that 27,900 of 41,100 requests (68 percent) did not follow required procedures during the review period (October 1, 2020–September 30, 2021). Claims processors did not consistently identify relevant medical evidence for the examiner’s review, did not always use clear and accurate language, did not regularly request all warranted medical opinions, and sometimes requested unnecessary medical opinions. These failings can lead to inaccurate medical opinions, incorrect decisions on veterans’ claims, delayed decisions for veterans, and inefficient use of resources (such as when the medical opinion requires rework). VBA concurred with OIG-identified deficiencies and recommendations to (1) implement electronic system enhancements to require claims processors to identify relevant evidence before a medical opinion request can be submitted, (2) enhance mandated training for all claims processors and demonstrate progress in achieving its intended impact, and (3) strengthen monitoring by refining quality review processes to help identify areas for improvement and show advancements in complying with required procedures
  16. I don't think the will let this happen. It would break the VA. I wish they would tho because the VA might better decision. It might less appeals because they will give the veteran eef date of service. Any way it go . Personal I just don't see them ruling for this
  17. Well file my notice to the court today and hardships. Soon as they docket it at the cavc I will be filing the writ. Call today told they closed my white house hotline complaint. Told somebody try to call me today be did get a answer lol they did this to me . 2 times before and I just reopen the complaint again. I am really get sick of the games These worker are the one make things so hard But I will keep my foot down because I have never had this many problems with no case or appeal. Ok done venting
  18. Well they are very aware of the problems. An just choice not to address it ladies and gentlemen. The contractors isnt accountable to anyone. Well I now no this isn't only a me problem
  19. Were are the VA worker who post about how exam are to be handled So I guess the inspector general doesn't understand how it work also. Guess there been a lot of complaints for oig to open a investigation. The crazy part is there will be no changes. They say they recommend the VA does this or that. We will see But now I have new opening an way to attack repeat exam in my case. I will be print this out an including it with any remand.
  20. Well thanks for posting. Guess all the white house complaints work lol. I have been tell ppl they were not check these ppl ordering exams. Like I have been saying no one is supervising the ordering of exam. Great info now we need to fight to get a copy of the exam post on my health in our records. So we can see it. Why do we got to do a freedom of information act. To see your owe medical record
  21. I really think this be the problem I feel veterans should just apply for just headaches. Not Tension headaches migraines etc Same for mental health. To many conditions. Depression PTSD etc I apply for mental health an let the VA call it what ever they feel. I had evidence. I would do the same for headaches an let them address the evidence.
  22. Ok it sounds like you are already rated for intervertebral disc syndrome. The way I read it the doctor stated your depression or mental health what ever they want to call it. Stated that it is do to intervertebral disc syndrome. To me it sound like you should be rated soon. Now what% is based all that other stuff. The way I see it
  23. Well I did my complaint to the white house hotline today. talking to the guy he tell me u made a complaint 2021 about the VA removing you from legacy appeal. An not merge it back So he tell me my complaint will be escalated. What ever that is to mean. I inform the white hotline in my complaint it this is address it in 2 weeks i will be filing a writ to the court. So I have issue a notice to the bva ligation department which send the two 90 day letters. That I will be doing the writ I did a complaint to the 1800. An add that I will be doing the writ I wrote on the 90 day waiver letter that I had to fax back that the court order 5) 27/2022 the VA to merger my appeal back to the legacy appeal docket. This is the department that is doing all this they have been put on notice. Now if I don't get a call or something from the bva addressing this by next week. I will be put in the writ to the court. First I have never requested for my appeal to be removed from legacy. 2 they merger two of the issue back together. So they understand the Court order them all merge back together. So this is been done on purpose. The court remand order state all my issue are intertwine so they must be address in one judge decision. So we will see what happens next week. Because I didn't just fight a cavc case to win a remand. For them to try an do the same thing over. Again I just did this with them. I am really upset the lawyer that handle the cavc case call me today. I explain it to him he was like this is a big case I am fighting and they don't want to address it. He told me not to wait and do the writ today. Because the bva is volating the court remand he just won. So this weekend I will be type up my writ and send it to the court next Friday. If I don't get a call or something. My case was remand to bva August 31. The 90 day waiver letter was send Sept 19. Because someone is working it at bva. This is really nuts but I understand . An I will get this address.
  24. On more thing then I got take a break from this VA stuff again. Ok here is my big issue with the contractors exams. An how I feel they are put a veteran at a disadvantage. First the VA will get order a exam an now tell veterans they need to attend another exam right after. Reason doctor didn't check a box on the exam paper. Smh Now call me crazy but why do a veteran need another exam because of that. Wouldn't that be a waste of money if all the problems were. Fixing a report. Lol Ok the veteran will never get a copy or any copy of the exam. Until they make a decision. Contactor are make statements in veteran appeal now. Veteran cancel there appeal. What. Veteran cancel exam when you try an change there date and time or to travel to far. Now the VA is allowing all this. Now this might all be me but I am not get put into that system. Like I said the VA order a ace exam for record review without me . The private contactor told VA they wouldn't do the exam. Without In person exam. This is what I was been told. Smh So I have very little trust in the VA. I have a appeal that has been pending in appeal status since 2003. I had a appeal remaining in appeals status from 1993-2001. Did the VA or the bva tell me this did the vso that was handling the cases back than that put both appeals in tell me this no. I learn about pending appeal doing my research. An learn I had these appeals pending in appeal status One got me 8 years tdiu 1993-2001. Now I am fight for 18 year of smc because they never address it in my case or inferred it. It been a 3 year fight no smc now up to smc l and half. But the VA will only address time period from when I apply. I had a informal dro hearing 3 years ago during this. Send to comp exam to see if my mental health effect my day to day. Favorable exam. The bva VA will not address anything to do with this now. because it give me the two smc l which give the smc o and r because I receive in home care. So now I have a new cavc remand order that basically tell them to address it an everything again. 2 nd time the court has told them. Lol. So telling me to trust the va process they will get it right. Sound crazy to me Don't think there would be that many appeal remand and cavc remand. If the VA does things the right way
  25. I understand stand this well I won 8 years tdiu 1993-2001 based on this. So believe me I understand how a real bva decision is to be made. I posted it here in hadit to help other veteran understand how it work. An if the bva and VA is not try to address all your comp exams or evidence. You will never get it.
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