How To Fix Little Mistakes

[mos1833]

i lost my claim. the va made so many little mistakes , and they kelped me confused the whole time i was in the appeals process, ( i heard it said after va puts something on paper you'll never get it changed )

so now i want to list some of these little mistakes in no particular order, but this one is very confusing.and i hope you'll understand what my questions are.

this question is about remand orders. 95-42 640

a june 2004 decesion and order,vacated the boards decision and remanded the matter for further consideration.
in a march 2008 per curiam opinion,the united states court of appeals for the federal circuit (federal circuit) summarily affirmed the courts june 2004 decision.

subsequenty,in october 2008, the board again found that the veteran had submitted new and material evidence to reopen his claim.

see what i mean,the board again found that the veteran had submitted new evidence, even though i didnt summit any thing , and so i guess it came back from the federal circuit needing new evidence, is that right ? was this a mistake ? thanks

[broncovet]

The VA's method of fixing "little mistakes" is clear: They turn them into big mistakes and delays.

[mos1833]

thanks broncovet

[stillhere]

I wonder if this is just an attempt to delay and just totally disregard your little mistakes or if it is the case were the VA does not feel correcting them would change anything in your file.

I would run these by my lawyer and ask his/her advise I mean you are paying him and hopefully he knows what he is doing. If by chance he finds one that in fact could change your rating or be a CUE and more monies involved then run with it. If not why bother?

[mos1833]

thanks stillhere

this claim is closed at the cavc , denied , now i am just trying to see if any of the little mistakes can be fixed , and maybe file a new claim.or even a cue if they add up to that much. thanks again

[mos1833]

on remand from the court, they just re-summited the same request for ptsd records which they knew was a different claim, and the court even made it part of the remand.

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In its March 2010 remand, the Board noted that the January 2010 Joint Motion stated that because the Veteran had reported that following two inservice back injuries he had been placed on light duty for the remainder of his career during service,

the Veteran's service personnel records should have been obtained prior to the Board's having adjudicated the claim on the merits.

In this regard, the Board observed that following a March 2006 request,

the National Personnel Record Center (NPRC) stated that it had conducted an extensive and thorough search for its records and was unable to locate the records requested (i.e., the Veteran's service personnel records in conjunction with a claim for service connection for PTSD).

this was after me telling them, that this was not a claim for ptsd

and they still requested the same records

i think is failed it duty to assist. ????

It noted that on the basis of the request presented,

the NPRC concluded that the records either did not exist,

the NPRC did not have them, or

that further efforts to locate them at the NPRC would be futile.

The Board stated that nevertheless, the Joint Motion, which had been approved by the Court, instructed the Board to remand the case for the purpose of obtaining the Veteran's service personnel records.

[mos1833]

this is the reply from nprc, no way was this a new request

In conjunction with the March 2010 remand, NPRC, in April 2010, again forwarded the results of the April 2006 prior search conducted which indicated that NPRC had conducted an extensive and thorough search of the records among their holdings. It noted that it was unable to locate the records identified in the request (personnel file). NPRC concluded that the records either did not exist or the records were not located at NPRC.