Got The Big Envelope Fro The Bva But...

[militarynurse]

Claim from 1993...denied at RO apealed denied BVA apealed then eventually in 2006 won remand at Court of Appeals for Veterans Claims back to BVA...denied again at RO in 2008 NOD, no SOC to date, hearing at RO, more comp exams ordered, late 2008 RO sends claim back to the BVA and now in Aug 2009 BVA remands the appeal back to the RO via the Appeals Management Center with order for more comp exams. HUH???

I now have had 2 sets of the same comp exams that were not used at all ostensibly as they were "too old" due to not acted on in time by the VA...what a waste of time and taxpayer's money...and now the VA wants another third set.

Any tips?

[Pete53]

Call them out on that. Tell them to proceed with your claim in a timely manner or you intend to file a Writ of Mandamus and possibly complain to VAOIG and or Congress

[militarynurse]

This is from the "Introduction" of the Aug 2009 BVA decision:

"This case was previously before the Board in August 2000, August 2003, and February 2006. In pertinent part, the Board remanded this case in August 2000 for additional evidentiary development, and again in August 2003 for compliance with new procedural requirements. Thereafter, the Board denied the current appellate claims by a February 2006 decision."

and it continues:

"The Veteran appealed the Board's February 2006 decision to the United States Court of Appeals for Veterans claims (Court). By a February 2008 Order, the Court, pursuant to a joint motion, vacated the Board's decision and remanded the case for compliance with the instructions of the joint motion"

So it went back to the BVA...then back to the RO...then back to the BVA...now back to the RO. All of course

included in standard concluding paragraph the tagline "This claim must be afforded expeditious treatment." !!!

[Testvet]

Pete this sounds like a good case for that Vet lawyer that wants to push that new Court decision on due process do you remember his name? Because this is obviously not "Due Process" a claim that is more than a decade old is just BS but then a few of us have been there haven't we?

[Berta]

Cushman's attorney at the CAVC was Kevin A. Calia of Morrison and Foerster LLP in San Francisco.

I think this case can help many vets if they use it to support any violations of their rights by the VA to their detriment in the claims process.

Maybe it should be referenced in every NOD.

I wonder if this decision is at the regional offices yet in some sort of fast letter or something-

when John Rossie (Blue Water Navy Vietnam Vets Assoc)- brought this up at SVR radio the other night I mentioned if we dont use it-we will lose it-

I sure will if I dont get my proper award letter soon.

[Testvet]

Berta that is the same law firm handling the Edgewood Veterans case, Gordon Erspamer is the lead lawyer for the veterans cases for Morrison and Forrester they have a lot of experience in suing the VA, they are also the ones handling the PTSD case and slow claims handling in the 9th Circuit Court the one that the panel of Judges told them to work out a deal or this week when they meet again neither side would be real happy about their order

Myself I doubt the lawyers and the VA can agree to anything so what the court orders should be interesting I am sure the VA will appeal any award to SCOTUS.........

[john999]

Berta

You know quoting that decision at the top of every claim might be a good idea. Perhaps print it on the outside of every letter to the VA. Lawyers in Florida who are doing insurance claims stamp the law on the envelopes that states the insurance company must make a decision on benefits within X number of days.

TestVet

What ( I hate to ask) is SCOTUS? You know that anything that is a major decision in favor of vets is going to be appealed by the VA. They get to use taxpayor money to appeal cases in favor of vets. I am sure they curse the day they ever accepted the date to make DMII presumptive for AO.