Bva Denied My Smc For 100% + 60% "s" Award . . .

[broncovet]

Adding to my post below, the delays at the VA are not bad JUST for Vets and their families. Attorneys get tired of holding out for years for their paydays, too. I know at least one attorney who got fed up with the VA and stopped accepting Vet clients....it just takes too long to get paid. Would you want to start work next week knowing you are unlikely to get paid until 2015 or later? Or maybe never?

People love to talk about the greedy attornies and how they are living it up on Vets monies. This is largely VA crapola to try to get Vets to not hire an attorney. Attorny's, in my experience, carefully screen their Veteran clients, because of what I just mentioned about not getting paid for 3 years or longer. I have actually seen a shortage of experienced Veterans advocate attorneys.

Those Big name attornies like Carpenter, Eagle, Rozinski, and the like who have won 6 figure sums for their clients usually either are not taking new vet clients or at least screen them very very well.

[Berta]

I view a joint remand as Much better then a CAVC denial.

Because, the claim then can be supported by more evidence.

This is an interesting case Philip and I am glad you are pursuing it.

[carlie]

Update - it appears that the VA and my counsel (Bergmann & Moore) have a telephonic briefing conference on 10/22/2012. Both are ordered, not later than 14 days prior, to supply the Secretary and the Central Legal Staff (CLS) a summary of the issues to be raised, before the Court, including any citations, w/relevent authorities and pertinent documents. It further states: "ORDERED that the attorney or representative for both parties shall attend the conference with the authority to enter into a joint resolution of the appeal or settlement to the extent authorized by the client or be within immediate contact with such a person during the staff conference. The parties shall jointly notify the Court if the parties reach agreement on the disposition of any or all issues prior to the conference."

Maybe it'll be resolved . . . but then again, probably not. jmo

pr

pr,

Here's more info on this procedure and rules for it.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

RULES OF PRACTICE AND PROCEDURE

Effective September 15, 2011, for all business before the Court

http://www.pbi.org/resources/extras/6975_vets_8_11/Reed.pdf

Go down to:

RULE 33. STAFF CONFERENCE

(a) Participation. The Court may order the representatives and self-represented

parties to participate in a staff conference, in person or by telephone, to consider refinement

of the issues and such other matters as may help the Court resolve the case. When necessary,

the Court will enter an appropriate order to control future proceedings. Parties are strongly

encouraged to discuss settlement or alternative disposition of the matters on appeal.

b) Pre-Briefing Process. In cases scheduled for pre-briefing staff conferences:

(1) No later than 14 days prior to the staff conference, the appellant shall submit to

the Secretary and Central Legal Staff (CLS) a summary of the issues the appellant intends

to raise in the appeal, including citations to relevant authorities and submission of pertinent

material in the record before the agency;

(2) The summary of issues shall be limited to 10 pages, subject to the requirements

of Rule 32(b); the 10-page limit does not include submission of pertinent material in the

record before the agency;

(3) Submissions shall be emailed to CLS at CLS-Calendar@uscourts.cavc.gov or

faxed to CLS at (202) 585-3951;

(4) The appellant shall also submit for filing with the Court and serve on the

Secretary a certificate of service that includes the date of the appellant's submission to the

Secretary and to CLS, the specific manner of service (fax or email), and the names and

addresses of the persons served.

© Consultation. The representatives of the parties must consult with their

respective clients in good faith to determine whether joint resolution of the appeal or

settlement is possible. At the time of the staff conference, the representative must either

possess the authority to enter into a joint resolution of the appeal or settlement to the extent

authorized by the client or be in immediate contact with a person having such authority.

(d) Nondisclosure to Judges. Statements made during a conference, including

written memoranda submitted for the conference, may not be disclosed to a Judge of the

Court unless the parties agree in writing to such disclosure. This subsection does not apply

to disciplinary actions or judicial review of a dispute about the content of the record before

the agency or record of proceedings or subsequent Equal Access to Justice Act (EAJA)

applications, pursuant to 28 U.S.C. §2412(d).

Practitioner's Note: Absent an order of the Court, the time period for

taking any action under the Court's Rules is not tolled for the time

required to prepare for the staff conference.

[broncovet]

Thats interesting Carlie.

I did not know the court encouraged "settling the issues", tho I know that happens all the time in non Vets courts.

[Philip Rogers]

pr,

Here's more info on this procedure and rules for it.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

RULES OF PRACTICE AND PROCEDURE

Effective September 15, 2011, for all business before the Court

http://www.pbi.org/r...s_8_11/Reed.pdf

Go down to:

RULE 33. STAFF CONFERENCE

(a) Participation. The Court may order the representatives and self-represented

parties to participate in a staff conference, in person or by telephone, to consider refinement

of the issues and such other matters as may help the Court resolve the case. When necessary,

the Court will enter an appropriate order to control future proceedings. Parties are strongly

encouraged to discuss settlement or alternative disposition of the matters on appeal.

b) Pre-Briefing Process. In cases scheduled for pre-briefing staff conferences:

(1) No later than 14 days prior to the staff conference, the appellant shall submit to

the Secretary and Central Legal Staff (CLS) a summary of the issues the appellant intends

to raise in the appeal, including citations to relevant authorities and submission of pertinent

material in the record before the agency;

(2) The summary of issues shall be limited to 10 pages, subject to the requirements

of Rule 32(b); the 10-page limit does not include submission of pertinent material in the

record before the agency;

(3) Submissions shall be emailed to CLS at CLS-Calendar@uscourts.cavc.gov or

faxed to CLS at (202) 585-3951;

(4) The appellant shall also submit for filing with the Court and serve on the

Secretary a certificate of service that includes the date of the appellant's submission to the

Secretary and to CLS, the specific manner of service (fax or email), and the names and

addresses of the persons served.

© Consultation. The representatives of the parties must consult with their

respective clients in good faith to determine whether joint resolution of the appeal or

settlement is possible. At the time of the staff conference, the representative must either

possess the authority to enter into a joint resolution of the appeal or settlement to the extent

authorized by the client or be in immediate contact with a person having such authority.

(d) Nondisclosure to Judges. Statements made during a conference, including

written memoranda submitted for the conference, may not be disclosed to a Judge of the

Court unless the parties agree in writing to such disclosure. This subsection does not apply

to disciplinary actions or judicial review of a dispute about the content of the record before

the agency or record of proceedings or subsequent Equal Access to Justice Act (EAJA)

applications, pursuant to 28 U.S.C. §2412(d).

Practitioner's Note: Absent an order of the Court, the time period for

taking any action under the Court's Rules is not tolled for the time

required to prepare for the staff conference.

Thanks, Carlie, that's it exactly! I'm hoping they'll settle, which I'd accept, even tho it won't help the precedent issue. I'm getting up there in yrs and know any day could be my last and while I'd like to pursue it for other vets, I have to consider my circustances first. Thanks again for posting this!!

pr

[john999]

I would not count on a settlement if my claim is an example. I have what I think is a solid CUE and CAVC refused to settle. If we could have gotten 50 cents on the dollar I bet my lawyer would have informed me. My claim goes back to 1971 for 100%, so maybe that is just too much money.