spirit_grt

My attorney contacted me and told me that I have a new remand for the new year and the VA attorney did not have an argument for my contentions and conceded everything. So, I hope this is just the beginning and more will begin to post their success. Not sure how long it will take before I get my CAVC decision and finally my award, but things are looking up. I will share more when I get my hands on the decision letter.

I'm at a loss for words.  This was the one site I felt safe and trusted the info I read.  I appreciate you, Shipmate, I do more than any words could say.  Thank you, for everything you've done to help all of us.
Spirit-USN '69-'73 

Appeal with evidence.  Waiting to be assigned to a judge.  Since 19 Dec 2019.   1046 days.

This is a "W" for Veterans!
 Some may know that Chevron Deference, now called Auer (vs Robbins) deference, allows the VA to "interpret" its own regulations unless they are "arbritrary and capricious".  
   Auer deference "hurts" Veterans, because the VA gets to decide how they interpret their own regulations, and, this means they interpret them in the least (Veteran favorable) way.  In other words, in a tie, the Veteran loses his benefits.  Its not supposed to be that way.  
   This new decision limits VA in use of the Auer deference, and called its interpretation "Arbitrary and Capricious".  
   Hats off to NOVA (National Organization for Veterans Advocates) for forcing VA to do what they dont want to do:  Interpret regulations in the most Veteran favorable way.  
    Here is the decision:  https://cafc.uscourts.gov/opinions-orders/20-1321.OPINION.9-20-2022_2006116.pdf
    Because the Federal circuit calls it "Arbitrary and capricious", the VA cant keep doing so.  
   In a nutshell, the Vetren had a partial knee replacement, and alleged the regulation stated "Knee replacement" but did not specify partial or total, so the tie should go to the Veteran.  
   The VA even "made up" a new regulation, amending it to say "Total Knee replacement" to the exclusion of partial knee replacement.  The Federal circuit essestially said, no.  THis is a "post hoc rationalization".  
    This means an "excuse for denying the Veteran" which does not fly.  Read it for more information.  

1009 days

I've had a docket number for 973 days and still waiting to be assigned to a judge.  Their "average" time is BS and nothing more.  

I've had a docket number for 973 days and still waiting to be assigned to a judge.  Their "average" time is BS and nothing more.  

@spirit_grtyou beat me to it regarding the laundry, lol...

I'd be tempted to tell them all the dishes are mine, I eat a lot.  As for the clothes-I wear them all.   Half the day wearing my clothes and the other half I wear her's.  Prove me wrong.  Now, do all the dishes and all the clothes.  Yeah, I know, shouldn't have to, but some times you just have to play the game.  

I'd be tempted to tell them all the dishes are mine, I eat a lot.  As for the clothes-I wear them all.   Half the day wearing my clothes and the other half I wear her's.  Prove me wrong.  Now, do all the dishes and all the clothes.  Yeah, I know, shouldn't have to, but some times you just have to play the game.  

Thank you for the info.  Will do so today.  
 

Thank you for the info.  Will do so today.  
 

Pulmonary in 2020 granted me Community Care.  In 2021 they denied saying I don't qualify, that I can come to VA-except they won't let me in VA due to can't wear a mask(its in VA medical file, too).  Coughing up blood for last few months and PCP is worried due to ongoing plasma issues creates danger of infections.  What good is CC if can't use it?  I can't go to VA, but can't get CC because VA is too close.  How do I fight this?

Have no faith in their number of days.  I'm AMA and Evidence Docket.  As of today, I am at 663 days and still says waiting to go to judge.