Amc Failed To Comply With Cavc Remand Order

[PJJones]

The CAVC remanded my claim back to the BVA in 2010 to find more consent, because the consent the VA offered, a letter from 1998, the CAVC ruled insufficient, because it didn't meet the consent requirements as stated in 17.32 of 38 usc. Anyway, the other day, November 3rd, 2011, I got a denial from the AMC, (who the BVA gave the remanded case to), and the AMC denied me again, based on that very same letter from 1998 that the CAVC found insufficient as consent. What do I do know? I sent a letter to the AMC letting them know I will be appealing this denial, which I think procedurley was just to cover my A_s in the event they try to say I didn't follow procedure, and then I sent a letter to the CAVC, the BVA, and the AMC letting them all know of the mistake. With the letters I highlighted the old CAVC remand that said that letter was insufficient. That's all I know to do. Any ideas?

[PJJones]

[i believe I replied wrong. If I was supposed to reply within these brackets, I did it wrong, but I hope you can figure it out and get your answer.]

May I ask what you mean by "consent"? "Consent" to what? "Consent to have blood drawn"? Consent to access to medical records?

If you want specific advice, you need to give specifics...for example post the "reasons and bases" for decision.

If you want "general" advice, this is unnecessary.

General information...general advice.

Specific Information...specifice advice.

Going to the CAVC without a lawyer is like going to a swim meet without a swimsuit.

[PJJones]

Oh, I forgot to add that I feel confident after 3 years of law school and award of my JD. And especially after speaking with a lawyer who does VA work and having him tell me that after reviewing my claim, he felt I had no chance of winning at the CAVC level and for that reason, he refused to take my case. I learned back in 2001 to handle my own case. The American Legion, my Veteran Service Officers, have been no help. Well, I take that back. They have been able to tell me enough wrong information, to make me now investigate everything they tell me, which in turn helps me get what I need to know. The American Legion helped me get denied all the way up to the CAVC. Once there, I was able to get my own vacate and remand. And it appears that a Writ of Mandemus is the default for the CAVC when seeking help outside of their remand order; termed "extraordinary relief".

Also, for all you vets out there. If you refuse to be lazy and settle, you can do everything a lawyer will do for you. It's called research! The only benefit you get from a lawyer is the fact that MAYBE they've practiced before the CAVC in their past - MAYBE! Just because they say they can defend you, doesn't mean they've done this type of law before. It's called fake it til you make it! Those who've prevailed in front of the CAVC have only done so on paper, because the CAVC is a court of review. Very few cases operate like what you see on TV, where both attorneys' stand in front of the judge. Those are rare. The CAVC is an administrative court. You don't argue evidence in front of them; you argue law and maybe precedent. That takes a little research at your local law library and NOBODY, I mean NOBODY knows your case like you. Now, if your flying by the seat of your pants, hoping and praying the court gives you what even you question you deserve, then, sure, hire an attorney, and continue to hope and pray.

I really think you need a lawyer at the CAVC level. I would think about hiring one soon. They just get 20% of your retro if you get any. The way the BVA and CAVC quibble over stuff you need representation.

[PJJones]

Lawyer or not, your gonna wait for years because the VA is playing the odds with you. Their hoping that they can get you either tired enough to quit or make you believe, that after a bunch of denials' you'll figure you can't win and go away. I can do bad all by myself! I don't need a lawyer. The CAVC will come back in my favor under extraordinary relief with their default of Writ of Mandamus because I've show that the VA is incapable of making the proper decision by submitting all the evidence necessary to show that the VA just denied me on the very evidence the CAVC threw-out when they vacated the VA denail back in 2010. Judges don't like it when their orders are not followed!

Yes, you will end up back at the CAVC since that is the only place you can go from here. Did you have a lawyer the first time you went to the CAVC? I am waiting on a CAVC remand to the BVA myself. No decision yet but I already see a problem. These people make errors and you end up waiting years. It is a hell of a system.

[john999]

Have you read that " a man who acts as his own lawyer has a fool for a client". When lawyers get into serious trouble they go out and hire the best lawyer they can afford to defend them. I always did my own claims until the new law came into being where you could hire a lawyer at the VARO appeals level. I have a CUE claim going back many years. I was pretty sure my claim would end up at the CAVC so not being a lawyer and knowing my case would be in the hands of VA lawyers I got me a lawyer. I think that when you prosecute your own claim it is easy to get to close to the case. It is very hard to be objective about a claim that has dragged on for years. I wanted a different set of eyes and I wanted someone else to write the briefs. When you deal with lawyers being a non-lawyer you get zero respect.

[broncovet]

PJJones

What I was getting at is that if you post your decision (with your name and SSN removed), along with the "reasons and bases" for decision, we may be able to offer specific help. However, none of us can give specific help without specific details. I am not familiar with 1151 claims, but I do think Berta has some good information on 1151 claims:

I also think you are correct in that a Writ of Mandamus is the proper way to try to compel the VA to comply with a CAVC remand order, but, I also know the VA sometimes interprets the laws as they so choose. For example, I think the Va interprets the "favor the Veteran" doctrine as

"Flunk the Veteran"

Also, the Va interprets the "doctrine of equipose" to mean when all else is equal delay the Veteran until he dies.

[Wings]

The CAVC remanded my claim back to the BVA in 2010 to find more consent, because the consent the VA offered, a letter from 1998, the CAVC ruled insufficient, because it didn't meet the consent requirements as stated in 17.32 of 38 usc. Anyway, the other day, November 3rd, 2011, I got a denial from the AMC, (who the BVA gave the remanded case to), and the AMC denied me again, based on that very same letter from 1998 that the CAVC found insufficient as consent. What do I do know? I sent a letter to the AMC letting them know I will be appealing this denial, which I think procedurley was just to cover my A_s in the event they try to say I didn't follow procedure, and then I sent a letter to the CAVC, the BVA, and the AMC letting them all know of the mistake. With the letters I highlighted the old CAVC remand that said that letter was insufficient. That's all I know to do. Any ideas?

Personally, I think you did a good job of CYA, and did everything you could. Have you researched some case law? Cited precedent, or are you setting one? Hang in there. ~Wings