The Issuance Of A Mandate From The Federal Circuit

[mos1833]

in 2004 the court of appeals vacated and remanded my claim.

in that same year the secretary opposed that decision and appealed it to the federal circuit.

in 2008 the usca for fedeal circuit,

summarily affirmed the remand of 2004,and issued the decision as a mandate .

with that said,

why would i need new evidence to reopen the claim when it got back to the court.

thanks

[Philip Rogers]

Generally, anytime there is a remand order, you are allowed to add more evidence. It is usually in your best interest to add more probative evidence, anytime you can. jmo

pr

[mos1833]

i dont think you understand my question philip.

why would i need to reopen this claim.

it was already send back to the bva by the court,then the secretary appealed the courts decesion

sending it to the federal circuit,the federal circuit agreed the court decesion.

which was a remand.

but when it got back to the bva is my question ( why would a remand require new evidence to reopen )

at that point in the process.

thanks all

[Berta]

I dont get this statement:

"it was already send back to the bva by the court,then the secretary appealed the courts decesion

sending it to the federal circuit,the federal circuit agreed the court decesion. which was a remand. "

Can you give us the date and Docket number of the CAVC case and the Fed Circuit case?

I agree with PR 100%.

A remand opens a Big door. More probative evidence at that point can turn everything around.

I know that because many years ago I had a local vet who had been at the CAVC twice.

Neither his attorneys, nor his vet reps, honed in a one word in his BVA decision......

I honed in on it, a medical term the BVA used that was in his SMRs, he then got an IMO, and then finally he got his award.

BVA decisions, whether denials or awards often contain clues.

A good lawyer will pour over any BVA decision that has become a court case.

I hope you have a lawyer.

I have already posted here,a few times, my opinion on going to the CAVC without a lawyer.

I wont repeat it because it contained an inappropriate word .

[Berta]

I went back to one of your previous posts mos1833:

“Posted 17 July 2013 - 09:24 AM

i got denied in march at the court,which means i cant appeal that claim any more,is that right ?

i told the va i want to re-file the same claim.

so they sent me the forms for a fully developed claim.

my questions are.

what should i send them,they should have it all.if i get another imo that would be new and materal which is need to re-open.

i stay confused so please bear with me, the claim the denied was full of mistakes, but after the court denies a claim you only option is to open a new claim--is that right ?

if i file the fully developed claim can i ask them to review whats already been filed,

i just dont understand, i am trying to get a good vso, so this info is just for me.”

It appears today that you DID appeal that denial to the Fed Circuit...?????

And they issued a Mandate???? CAn you tell us more on the Mandate?????

“if i file the fully developed claim can i ask them to review whats already been filed,”

If they do not have New and Material evidence, and the claim is basically the same as the one you have been denied for in the past (that went to the BVA, CAVC, etc) then the VA, as likely as not, will deny the claim again.

Have you received a VCAA letter yet on the FDC claim?

Did it specifically tell you what they need?

Have you contacted the BVA Ombudsman to make sure the older claim is actually on remand at the BVA?

[mos1833]

thanks berta, phililp, and all

as you well know iam not very smartt.

it all confusses me to the point i just cant explain what i want to say.

see if this makes any sence, below are the docket numbers

at the ro. 95-42 640

at the court , 02-2299

at the federal circuit , 2004-7159 = issued as mandate 4/28/08

that is all up to and including 2008

i was at these courts more after 2008

i hope this make sense, thanks

[Berta]

Don't feel you aren't smart........all of this VA stuff is very confusing, geared to make us all feel dinky daw.

Can you tell us what the last letter or decision was and where it came from?

Here is the BVA Ombudsman contact info

1-202-461-8069

bvaombudsman@va.gov