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I don't think the veterans affairs use them anymore am I wrong. Well I am trying to find info on them from 2001. What is a gaf score 35.? Was this a total and permanent score. We're can I find info on it

Boy the va is really try to do my smc benfits claim all type of way. Ok on one page you tell me my case is been return to board. 30 day. I send a waiver of time. Ok then I look more and there is a page saying I can opt out of legacy to the new appeal system. If I disagree. Now this is were they get veterans if you opt in you get a new docket number remove it from the cavc remand docket. Smh this must be there new practice because why would I opt in and my case is to be return to the judge. Guys watch out. This crazy

Ok many be thinking I go to far well I found a legal problem that the cavc must address. I believe they have to make percendent on this. I am a little shook now lol. Ok here it is the Cavc remand your case to the bva.or the VA make you do a new VA form 9 or nod. Does this mean.you start over the appeal process or is it still treat as a cavc remand. The VA are changing docket numbers removing veterans from legacy appeal to ama. I just got a new 23 docket number. It's crazy. I have been at this for a min I will have the. Motion done this weekend. Listen they granted the panel with not written decision. An told me I can now request full court. This is we're percendent is made. Ok let me get my a game together on this one guy's. I might get the court to come down on VA on this one. I believe the court is going to make the va respond again. I will post a bva response that they just send to me. It about to get real. Man I am fighting 3 different appeal at the same time and they refuse to merge them back together. I am a little happy today. The VA is about to get my n there job with my cavc remand now. In a January 4, 2023, order, the Court denied the self-represented petitioner's November 21, November 22, December 2, December 16, and December 22, 2022, construed motions for leave to file a reply to the Secretary's July 18, 2022, response. The Court further ordered that the petitioner's January 2, 2023, motion to expedite proceedings is dismissed as moot, and the Court denied petitioner's October 5, 2022, petition for extraordinary relief in the nature of a writ of mandamus. On January 5, 2023, the petitioner filed a motion for a reconsideration or, in the alternative, for full Court review. The Court liberally construes the motion for reconsideration as a motion for single-judge reconsideration and panel review in the alternative. See U.S. VET. APP. R. 35(b). The motion for decision by a panel will be granted. Additionally, the Court notes that motions for a decision by the full Court in a case decided only by a single judge are not permitted. See U.S. Vet. App. R. 35(c). Hence, the appellant's request for full Court review of the January 4, 2023, order is premature and will not be considered. The appellant is free to refile his motion for full Court review within 21 days of the date of this order. See U.S. Vet. App. R. 35(d)

try to see what is the timeline is of veterans Who appeal was at this point to the decision. Was it a cavc remand or just appeal.

Ok I have and am see a lot of veterans stating that the VA are ordering exams to address other comp exams. Since when is this the process. The VA is to weight all veterans evidence list it on a decision. By law. This is how the benefit of doubt is made and works. Guess the VA is eliminating that. Sm Were does it state for the VA to get medical opinion against veteran evidence or to address other comp exams already on file This is developing to deny folks. An a new tactic by the VA and it is causing undo dely to veterans. An sending veteran to unnecessary comp exams I have had over 7 8 comp exam for loss of use even a specialized comp exam order and I just got a remand order to get a medical opinion to address All my evidence. Do you see the problem. Basically the VA is trying to get a negative medical opinion against all my evidence. This is right and against VA law. My disclaimer I am not a veteran agent an am not acting like one.

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

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

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 wasn't even going to do the federal circuit court appeal. But the more the VA play these games I feel some one has to put them on the spot. Ok I post this for other to understand the process. Ok I did a petition for relief to the cavc about the VA removing my cavc remand from legacy to ama. This has been a 3 year thing I have ask them to merge my appeals back together. Nothing Well the court has seen the error and refuse to address it. This is a VA tactic you get a cavc remand they call the cavc remand a downstream issue or stated they are remand to ro to grant in the first instance. They start over the appeal process with a new docket number and date they remove the cavc remand tracking. your cavc remand is not return to the front of line by law. It's start over at the end of the line. Years of delay This also why veterans get these crazy eed when they continuously appeal there issue. They changed the appeal date. My appeals are from 2018. I got one appeal with a 2021 date and I even got one with a 2022 date now. Ok well before you take a issue to the federal circuit court of appeal. You must do this. Yes I am taking the issue to federal court. Here is how the cavc choose to handle it. If he receives an unfavorable agency decision that he believes is the result of VA's improper choice of adjudication process, such as by 1 To be clear, the Court makes no determination as this time as to whether the Secretary is correct that an agency decision assigning effective dates in the first instance meets the regulatory definition for an initial decision for the purpose of determining whether to apply the modernized appeal process. So basically the court feel they don't have to address it. An I can keep appeal to the court bva until they address it. Smh An they don't have to explain what law allows this. The federal court will address it. An hopefully this ends for veterans. Because this is just crazy. This is my motion for recosideration or full court review. All my case at the court and mandate have been expidate I ask that this motion also be expidate by the court. My reason have been explain in the cavc cases. First the court refuse to address my issues and keep allowing the VA to violate court orders. First I Never requested for my effective dates for smc l and s to be removed from legacy appeal. I never opt in to the ama system. The VA provide the nod to the court that they use to remove my effective dates appeal from legacy. exhibit o I didn't check the box to opt in on the nod it take two seconds to look at the nod the VA provide. Exhibit o 3 years of trying to have someone to address this isn't showing undo dely. Why will no one address this or look at it. This is a major error and must be address. The bva the VA lawyers the ro the cavc the bva judge all have seen this nod and refuse to fix the error or address it. I have been stating this for 3 years an for the court will not address this injustice the VA has refuse to correct the error. For almost 3 years two cavc remand and two petition for relief. Me asking the VA bva to merge my appeals back together. This is causing delay this isn't legal This is a major error that someone needs to address. Petition for relief i stated this an the court rule my petition was moot. Never address that I never requested to be removed from legacy. What law allows the VA to remove veteran from legacy appeal without them requesting it or opt in To ama.? Please explain this is been done on purpose. I will be doing a federal appeal about this and I would like the law that allows this to be done to a cavc remand. No one will address or stated the law that allows this. 2. The cavc remand order August 31 2022 stated that my mental health and effective dates for smc l and s are intertwine and should be give one decision. Tthe VA is processing the effective dates for smc l and s in the ama system. When I never requested to be removed from legacy appeal. They are now calling the mental health pending appeal 2003 a downstream issue. An have removed cavc tracking and my advance on the docket again. An starting a New appeal again Please explain to me how they are following the cavc remand order. If the appeal are been work into two different systems an as three different appeals. If they are processing the one issues in ama and one in legacy. How will my issues be given one decision if they are not process together? How Will I ever get a proper decision for smc benefits. Please explain to me what law allows the VA not to follow the court order. That my appeal are intertwine an should be given one decision? The court refuse to enforce it order or address the VA errors or address them fixing them. 3. This all is appeal from 2018 that I appeal to the cavc 2019. First cavc remand. Court # The bva call the effective dates downstream issue to do all this. They would return the cavc remand back to the board unless I did a new nod again. They used the nod to remove my appeal from legacy. When didn't check the opt in box on the nod. I did a petition for relief 2021 about this it wasn't address. Court The VA turn my cavc remand it into 3 different appeals 2021. An wouldn't address the errors or merge them back. Now to tell me this is causing undo dely an is been done on purpose. When it take two seconds to look at the nod An this isn't showing they refuse to follow the law or address the error to cause undo dely. 3 years The court the VA the bva has all advance my case because of my need of higher level in home care. Please explain or give me the law that stated my cavc remand issues are downstream issue an should be treat them like this. What law states everytime the cavc remand and issue a veteran has to do new form 9 and nods? I was just order to do my 3rd VA form 9 This isn't a maclin appeal. This is effective dates issues I appeal all issues 2021 court remand order address this. First the VA refuse to address the rating now it was refusing to address the effective date for the rating. How is this downstream issue please explain so I can appeal this to federal court. You will not stated the law on this. The cavc remand Aug 31 2022 order va to provide a soc on the pending mental health issue From 2003 My mental health appeal was granted 2019. the VA has now started a whole new appeal and I am be told I have to do a 3rd VA form 9 to continue my appeal to the board I appeal all issues 2019. they remove the cavc remand tracking and have give it a new docket number and refuse to return it to the front of the line again. Same thing they did to the effective dates by law all cavc remand are to be returned to the front of the Lane why are mine not. Grove v Nicholson precedent explain how cavc are to be handle. VA keep stating my issues are downstream. To start new appeal streams. Were is this stated on the cavc remand Aug 31 2022 order? they have removing my cavc tracking and advance on the docket again. How is this legal no one will address it or tell me the law that allows it to be done to a Cavc remand. Why is the VA not following the rule on my cavc remand. 4. If the VA bva will not follow the law or address there errors. An are not handling my cavc remand properly who else is to address it. Do to the VA errors I had 3 cases docket with the court. They would merge them back or address that I never requested or opt in to ama This is why the court had to merger them on the court docket. 5/27/2022 I will now have 3 again that will have to be appeal to the court again do to there errors. An the court is allowing the VA to keep placing these not legal appeals in it docket. I gave requested many times for the bva VA to merge my appeals back together. Why don't they have to address it. By law should they have merge them back together. Grove v Nicholson. Explain how cavc remand are to be track and handle Please address this I will be appealing this to federal court This is a major injustice and no one will address it. 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) If the effective dates for smc s and l are been process in the ama system. When I never requested it or opt in An if the mental health effective date is be process under a different docket number in legacy An the rating for the mental health is been process under a different docket How will I ever be given a proper decision? How is this not volating the cavc remand order? How can't anyone see what is been done. To cause undo dely This is why I ask the court to give duration to the VA to handle this about a timeline. Because they refuse to fix there error for 3 years. 3 years to look at a nod and address that I never check the opt in box to be removed from legacy appeal. This isn't showing undo delay because of there error.. 5. This is just evidence. I understand the court can't address a bva remand. But if the VA is volating the law and precedent I believe the court can intervene in my case . First the bva judge used a false statement to reopen the same remand I withdraw 2021 and appeal to the court. How is this legal. Please give the law that allows this. The bva judge Stated I didn't mean to withdraw and I now wish to open the same remand from 2021 December 15 2022 Were is this stated in the cavc remand? Were did I stated I want to reopen the same remand that I withdraw. Done to cause undo dely and to try an develop to deny again. I refuse anymore exams and VA duty to assist. The first and second Cavc remand to bva. I withdraw the loss of use remand 2021. The cavc remand tell the VA to address why I withdraw not reopen the same remand. The VA Comp shop my first cavc remand for 7 month lhi qtc VA buffalo and VA bath ny try to get a examiner to make the determination on my loss use The rater is to make the determination by law. they all refuse to provide this opinion. . I have had over 8 comp exams and specialized loss of use comp exam done by a VA specialist. I gave a in home care plan I have ch31 independent living records The VA hospital notes were they were paying for aide service before the pandemic. I have a 25 year record and over 4 -5 bva decision. That I have ask the VA to address for smc benefits because they were never inferred. Bva judge remand order Get a medical opinion without in person exam The court needs to intervene. Smc benefits is grant by the record and effective by the record by law. The VA is treating each smc as a individual claim If the VA refuse to give a decision when the veteran refuse anymore exams and withdraw the VA duty to assist. How can you still be ordering exam? Is this not showing developing to deny? Why will the VA not address anytime period before I apply for smc. The exams ain't to help me I got a 25 year record that I ask them to address for smc benefits. Is this not showing that they are just delaying my cavc remand an causing harm to health. 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 think anyone can see what is been done because they refuse to address there errors. I had a dro hearing June 2019 where I was send to a comp exam to see if my mental health effect my adl. The exam was done July 25 2019. I has been 4 years the VA will not adjudicated the smc l for this condition. Even after two cavc remand it is not even address on the December 15 bva remand. This give me the smc o and r because of my need of higher level in home care. How is it that no one will address and the court refuse to intervene when the court expidate my case and mandate. Because it is causing harm to health. The bva the ro have advance my case do to this. But no one will address it. Please address my petition for relief and give the laws that allows this all to happen.

Well I had a VA appointment and had the VA fax the soc to me there. I get home and all it stated is my appeal for mental health from 2003 was closed. They don't address how I reopen it and it was granted using service records from 1993. 38 cfr$3.156(c) reopen and appeal claim using service records and effective date. Well anyway I am been told all 3 appeals are at the final stage. No exams that good but I believe they are going to try an back track an prolong my cavc remand. We will see what the next move is. The court denied my petition for relief about been removed from legacy appeal when I never requested it or opt in. Smh. I got 120 to appeal to the federal court which I plan to do. No one will address this. Smh. They are making legacy appeal do these new nods. On the nod you have check a box to opt in to ama system. An be removed from legacy. They took my nod after a cavc remand and remove my appeal without me check the box. Anyway they were acting like they were waiting for the VA form 9. I will bet a bridge that the remove the pending appeal from cavc tracking and remove my advance on the docket. An not return my cavc remand issue to the front of the line at the board. Ok I am done I try to explain this because I believe this is what is add years to veterans cavc remand. Once they go back to the board. An they order veteran to do new nods and VA form 9 to continue there appeals. Funny the court the VA lawyers no one can tell me what law allows this. This is one of the issue to the federal court. Along with the removal of my appeal from legacy when I never requested it.

Ok.i.am about done with this I can't keep going through the same things over and over. Ok after a cavc remand where is it stated that a veteran had to do a new VA form 9 or nod to have a cavc remand return to the board. The VA keep take these new VA form 9 and nod and starting new appeal streams. They did this last cavc remand. I now have a cavc remand issue been process in ama. I Never requested or opt in. No one will address. 2 years Cavc. Merge all my appeal back with the legacy appeal. The VA refuse to merge them back will not address that I Never opt in or requested to be removed from legacy appeal So now once again my effective date smc l and s are in ama system. Well today I was told that the soc for them leaving a appeal pending since 2003 was process an send Remand by the cavc Dec 2022. Well now they are tell me I have to do a new VA form 9 again. To continue my appeal. This is a cavc remand if they having granted anything the case is return to the board front of the line. This is printed on VA.gov site. Smh well.now they are going to take this new VA form 9 an start a new appeal stream again. Now they will remove the cavc status from the appeal they will remove my advance on the docket again from the appeal. An they will once again return it to the board end of the line. Ok this is why veterans be having to appeal again for eed. Because they be changing the dockets after cavc remand the case. Please some one show me we're it is stated this is the process.

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.

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.

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?

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

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

Man I am sitting here in fire. The bva has been playing games with my case for four years two cavc remand. First court remand to bva the make 3 different decision. I ask plead with bva VA to merger my legacy appeal back together. I get to cavc the cavc order all my appeal merger back with the legacy appeal docket. Well I get two different 90 day evidence letter today. The bva has now merger two issues with the legacy appeal docket. An send me a 90 day evidence letter with a 21 ama docket number. So basically they are going to try an process and make 2 different decision one in legacy and one in the ama system. In my case again. I will be doing a writ next week to the court to get them to address this. I just call the white house hotline to make a complaint. I will be upload a statement tomorrow. I any waiting for this new game to even get in motion This just let me understand that they are trying everything to keep this going. Smh. I mean I have a cavc court order were they merger all my appeal back with the legacy appeal docket. This is just crazy. I will post the two 90 day evidence letter send on the same day so everyone don't think I be making this stuff up

Ok this is nuts. Ok my appeal start as a legacy which cavc remand back to bva. The bva broke the legacy appeal into 3 different appeal stream. For a whole year I try to get the VA to merge them back together. I had to appeal all 3 bva back to the cavc and ask the court to merge them because they didn't do it. Even after I did a writ to the court. Well here is the court order merging the appeals back with the legacy appeal. 5/27/2022. ORDERED that the appellant's motions to consolidate are granted. All documents filed under Docket Nos. 21-7874 and 21-8150 will be transferred to, and the appeals consolidated under, Docket No. 22-1068, which remains expedited. It is further ORDERED that proceedings under Docket Nos. 21-7574 and 21-8150 are terminated. It is further ORDERED that, within five days after the date of this order, the Secretary serve a copy of the consolidated RBA on the appellant and file a notice with the Clerk certifying that the consolidated RBA has been served. It is further ORDERED that, after the RBA has been served, a Rule 33 conference will be scheduled and substitute briefing for the consolidated appeal will proceed in accordance with Rule 47(b). Next the court remand my case back to the bva again and order that my issues are intertwine and should be give one decision. 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) Ok the bva get the remand from the court only merge two of the appeals back together. But refuse to remove the effective dates from ama system back to legacy even after the court order. First I never opt in ama system ever I didn't check the box to be removed from legacy. All it take is to look at the nod and see this but no one will address it. Smh They even put the nod as a exhibit to the court. Which clearly show the opt in box not check. Lol So here is the bva response basically telling the court they ain't merging them back and I will get two different bva decisions. Lol I just be showing veterans this to understand the VA games and delay tactics. Further, Mr. 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 so basically I am sitting here hoping the court address it own orders and enforce them. Which isn't going to happen. My cases have been sitting with two different bva for a month and half waiting for there decisions. Many might not understand why I am fight to get my effective dates appeals out of ama is because there are different rules. In ama system An the VA is aware of this that why they keep trying to adjudicated them in ama not legacy. Lot of retro at stake Sooner or later they will have to answer for this maybe after 3rd cavc remand. Smfh. Ever seen a smc effective dates take 3 years 2 cavc remand and they still try to play games with it.

Well I just thought I would bring this up it may help other watch for this game. Loss of use under smc benfits. Well the game is the VA will keep ordering exams stating the examiner need to tell if you have remaining function. The VA manual even state to use considerable care when ordering exams. Well in my case I have had 6 comp exams the specialized loss of use exam. An they still wouldn't address my case smh . Just venting a little Ok here is the rule on smc . 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.

It is really get to me that the only advice I see give is a veteran need a private imo. To win there claim or appeal. When did hadit stop stating law cfr VA manual to help veterans. If you file a claim nine time out of ten the VA is going to order exams with it without a imo. I just don't see how this is helping. My opinion is that it is discourage veterans. We all understand that it hard to get your VA doctor to do a report and most don't have 1000s to pay for One. An 9 time out of ten the VA is going to not even address the private imo away. They have want to address your record So give this advice to me is sending veterans down a rabbit hole. This is my opinion. Other believe this is the only way. I have Never had a private imo done or use in any of my grant's The VA half the time doesn't even want to address there own comp exam. If there favorable.

Well today the judge made a decision on my cavc case. Do u no the judge didn't even address the Howell v Nicholson percendent in my case again. But remand it back the VA to handle it so I feel I will be playing games again. They remand the effective date for my mental health. They remand the effective date for smc l. They remand the smc r and the loss of use back to the VA. Pretty much the vacated all the decision that were made. I will post the decision soon but it really doesn't address anything crazy. It left the VA room to play with my again I feel. I will be talk to my lawyer tomorrow to get the real results.. Now back to fight with the bva and VA to handle it properly this time.

Do no what happened to the thread I was using to explain all this. But any way I got the 90 day evidence letter fax over today. Didn't have to wait for it to come in the mail. Well there look like them are about to play games again. The court remand all 3 decision they made I get the letter now they have only two of the decision. This is crazy. Anyway I send off the 90 day waiver letter with my statement. If they don't fix it in the next 30 days I will do a writ to the court I refuse to sit here an let them do this. The court remand clearly stated all 3 decision. Well guess I am going to have a new fight with them. Smh

Ok I am going to try and explain why this waiting on a judge decision is stressing me out a little. Ok I apply 2001 for mental health and other things. Well the VA has once again left my claim in appeal status again. So any way I reapply in 2018 was granted 70% on appeal by bva a appeals decision that should have made the pending appeal from 2001 final. Well the VA the board the VA lawyer are saying that they had no reason to address my effective date. So this is a 18 year errors. Smh. This is the 2nd time this has happen it is crazy. So yes I have a real bad trust issue with the VA. This is my lawyer to the court to get it address. . The Board’s November 22, 2021 decision failed to address the effective date of psychiatric condition claim. In his opening brief o argued that the Board failed to address the effective date of his grant of service connection for his psychiatric condition or whether remand was warranted for Regional Office to issue a Statement of the Case regarding the proper effective date. App. Br. at 21-22. The Secretary concedes that this Court’s January 2021 memorandum decision held that o August 2018 NOD “clearly indicated his intent to appeal all issues decided in both his July 2018 rating decisions, including the evaluation assigned for his psychiatric disorder” but argues that nothing in the Court’s decision relates to the issue of obtaining an earlier effective date. Sec. Br. at 16. However, contrary to the Secretary’s position, nothing in the Court’s January 2021 decision limits the scope of the October 2018 NOD or the July 2018 rating decisions. As conceded by the Secretary, the Court’s 2021 memorandum decision clearly held that o October 2018 NOD clearly indicated his intent to appeal all issues decided in both July 2018 rating decisions, including the evaluation assigned for his psychiatric disorder.” R-968 (emphasis added). The Court’s use of the word “including” merely referenced a nonexhasustive example of an issue within his appeal of “all issues.” See Mauerhan v. Principi, 16 Vet. App. 436, 442 (2002). The Secretary argues that the Board had no reason to adjudicate the effective date of o psychiatric claim. Sec. Br. at 17. However, as noted above, the Court’s January 2021 decision noted that o acting pro se, intended to appeal all issues in his July 2018 rating decisions. R-968. Thus, “all issues” were placed in appellate status. Therefore, to comply with the Court’s decision, the Board was required to adjudicate on appeal all issues in his July 2018 rating decisions. Jones v. Shinseki, 619 F.3d 1368, 1371 (Fed. Cir. 2010). In fact, the same is true for o September 2003 Statement of the Case (SOC), because he submitted a statement in support of claim disagreeing with the determinations in the SOC during the appeal period, thereby rendering that decision and the underlying claim not final. See R-4088-89. Because all the issues in his September 2003 SOC and July 2018 rating decisions were placed in appellate status only a decision from the Board on all the issues, including the effective dates could have resolved his appeals

Here it is I apply for smc and mental health. They were all together all the way to the cavc. Which remand back to bva The bva turn them in three different appeal with different docket numbers. I requested the bva to merger my appeal back together. Nothing. Did a petition judge order them to explain why they didn't merger back They just process all three decision and the court dismiss my petition as moot. So I appeal them back to the cavc and ask them to merger them . Month ago. So the judge order my lawyer to say if he want them merge still an gave him 5 days he reply yes. Well it been 12 days no answer still. But now one case is with the judge. The others will be with the judge end month. So now I will have three different decision come from the court. An no one will tell why my case is been handle this way This is crazy but it is what it is. I am dran with this process. To me they were hope I miss a deadline pro SE or the lawyer but he been on top of every timeline. This guy is really great win or lose.

Well after going over my record 5 time. When I was granted tdiu 2004 effective dates 2001. I apply for 5 other issues to include the mental health. They were deferred twice. Look I got a letter from va stating they got the nod on my issues. Well when I won the tdiu they would process the retro. Well I wrote a letter say I don't have any appeals I would like my retro Process. They withdraw the appeals I never no this. I never got any letter anything. Well get to the good part in the 2018 decision granting the 70% for mental health stated. The denail in this issue was originally done 3/22/04. Well there is no decision in my record from 3/22/04. I dispute the record yesterday and point out the va 2018 say there was a decision made 3/22/04 that is not part of the record. Well let see how they try to wiggle out of this one. My strategy is they can't produce the decision and they tell the court I withdraw the appeal. Without using the statement from me they used. Nowhere on that statement do I say I withdraw any appeal plz process my retro. I said I don't have an appeals because I forget they deferred them for almost 3 years. Why I was fighting the tdiu case smh Well let see how they get out of this one.