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Vba Log Jam...chief Judge Greene Wants New Court House

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Stretch

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  • In Memoriam

This is about a two hour hearing. You have to start the at the 20 minutes mark before the Video begins. I think they do this to through people off. Takes a little while to load, but the information will show you why there is a backlog.

Chief BVA Judge Greene, says that he requested that the full paid retired judges to come out of retirement for a 90-day period, but that they refused.

http://veterans.senate.gov/public/index.cf...14&view=all

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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I was shocked that there are 6,200 cases presently at the US CAVC-and I think Richard Cohen said about 1/3 of them are on remand.

some points were good-in this hearing - in some respects-

such as the idea of summary deposition-

but that can work better in civil court-this could make decisions come faster but would those decisions be proper and include all of the facts.

We might not have mentioned here before - but at the CAVC web site- the E filing info is there-

by June 2008 they want it all done by e filing-

I think anyone attempting to have the CAVC hear their case should sure study what cases they have at their web site and why they fail, or get remanded or reversed.

To get to the point of the CAVC docket- in my opinion- either something is seriously lacking in the evidence for the claim or the BVA made an incorrect decision-

and these days I dont see many BVA decisions that are incorrect-in my opinion.

A local vet I helped had been through the CAVC twice, and was on remand from the BVA and the nexus he needed was in his BVA case- no one ever looked up the word in a medical dictionary.When I did - he was able at that point to fully prove his nexus and get a real doctor to opine on his claim and he won-

A law firm had the nerve to charge him 8,000 bucks and even this law firm did not take the time to look up a medical term-in the BVA decision-

his nexus and the ultimate reason he finally won -after over a decade.

BVA remands - in my opinion- contain every clue and missing element that a veteran needs to prove.

Whatever crapola the vet has received from the RO up to the point of a BVA remand- is meaninglerss -if the veteran can satisfy what the remand calls for.

Then again at the RO level-long before any BVA docket- for claims pending or filed after the Nov 2000 VCAA-whatever is lacking in the claim has to be spelled out by the RO itself-in the VCAA letter- allowing the veteran the full opportunity to access the evidence they need- way before the RO could transfer the claim to the BVA.

I agree that a courthouse for the CAVC would not alleviate the backlog in any meaningful way, just give them more room to store the thousands of claims they get.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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  • In Memoriam

I feel uneasy about the position that Chief Judge William Greens is in. This judge is told to expedite and be more productive with process on a public level, and behind close doors given policy to hold up the process.

I had to manage a manufacturing company (130) once. I was told to increase production. I thought piece of cake. When it came to company policy, politics, and lack of funding it was if I were bound and gaged. I did find little ways to improve, but it was almost impossible. I made my own temporary policy and increased product about 300%. Then I switched the policy back to stay within the political enviornment. Got the company out of a jam, with out hurting anyone.

I could see this in Judge Greene, when Senator Burr asked him, "How many cases are turned away, by the BVA, due to technicalities and decided by Court Clerks?"

Judge Greene, mulled the question for some time. Judge Greens final answer was: "The predicate (intent) of Senator Burrs question was how many claims did the BVA hear. Then Greene with pride said, "That the BVA had heard 2200 claims in FYI 2006." Judge Greene would not say how many claims have been denied by the Court Clerk..

To work within the frame work of the VA, Judge Greene can only make minor improvements. He takes pride in the fact that he can squeeze out 2% more production. I know the terrible feeling that goes with the constraints that this Judge is under. It is as if he is wallowing in the messy bog. Retired Judges have turned their backs on Veterans and refused to work as Judge Greens has requested them to return to the court for a 90 Day period. Even if these Judges were forced to return they would be disgruntled Judges causing more harm than good.

It feels like the whole BVA is actually experiencing PTSD separately and on its own.

Edited by Stretch

Stretch

Just readin the mail

 

Excerpt from the 'Declaration of Independence'

 

We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity

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  • HadIt.com Elder

Berta is correct. The CAVC is not a good place for a Veterans Claim as they usually rule against.

Veterans deserve real choice for their health care.

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