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20 Years Worth Of Remands

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Forgottenvet3

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i recieved my decision today from the board of veterans appeals.they have been remanding my service connected claim for 20 years.in the last couple of years ,i have had 3 different board requested imo's.this is my problem.the last board requested imo that i recieved,the doctor admitted that my disability was aggravated because the doctor refused to give me the medication that i had been taking before i went on active duty .this refusal caused a psychiactric break down after i ran out of medication after one month of active duty.their doctor admitted that this aggravated my condition.but at the same time trys to blame my problem on drugs and alcohol .i got an article 15 that clearly shows what happenened the day i had a mental breakdown due to their refual to give me the proper medication.i was never cited for any substance abuse.the board keeps getting these doctors to make my claim look bad.i dont know what to do .my lawyer said i might need a private imo.i think the board is waiting for me to die.it has been 20 years and each time the board finds was to punch holds in my claim.

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yes there were lots of medical records that should have triggered va to consider the chronic presumptives.....the board dr imo said the the refusal by the va doctor in germany to give me valium caused my breakdown.and and also THIS SAME BOARD REQUESTED DOCTOR said a lot of my problems are caused by anxiety.isn't anxiety a compensable disability?my docket number is 03-23-334

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Am I understanding correctly that this same appeal has been bouncing back and forth between the Board and the RO for two decades? You need to get a Board decision, up or down, and assuming it's a denial, get it out of there and on to the Court of Veterans Appeals. A writ of mandamus petition may be in order. You can do it yourself for $50 and a letter, but I strongly encourage you to seek out a veterans law attorney who will help you present your circumstances in professional terms. If you have one now, why is he/she not doing anything about that 20 year ping pong game you're engaged in with the Board?

What very often happens in a writ petition is that the Veterans Court will require the VA to respond to your complaint, the VA will have to explain itself to the Court, then be put on the spot to act on your appeal and you'll lose the writ as moot, but it has in truth served its purpose -- getting some action accomplished. It may not be the decision you want, but at least you'll be able to file a Court appeal, which gets it out of the Board, out of the VA system and into the Justice (U.S. Courts) system.

I'd love to hear the VA explain to the Court why the same appeal has been kept in remand status for 20 years. Remands are supposed to be handled expeditiously. We all know that's a crock, but 20 years is an egregious assault on your appeal rights that should not be allowed to go unchallenged.

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Forgottenvet: 20 yrs and claim is still open and at the BVA, UFB. That would be 1+ Ton of Retro. My friend, you have to get at least (3) Free Legal Consults regarding your appeal. If any of the VA Accredited Appeals Attorneys think you have a case, you might want to seriously consider giving up the 20% of your potential LARGE Retro Award and get this claim put to bed. You can always decide to continue Pro Se, but that doesn't appear to have worked out for you so far. At the very least, a VA Appeals Attorney not wanting to sign on for the huge pay day will give you an idea of how strong your case is. Good Luck, hope this works out for you.

Merry Christmas

Semper Fi

Gastone

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20 years bouncing back and forth is not unique, and it may even not be that rare. ASK nod recently (probably last year) got his retro back to 1994, and I have not idea how many times he had to go to bva, cavc, etc, etc. His attorney finally won it for him.

I think I read about a Veteran who waited more than 30 years for his benefits. REmember, the VA is loaded with incentives to delay:

First, you may die or give up on your benefits.

Even if you are able to persist, the VA winds up with an interest free loan for decades, so the financial incentive for VA to delay and delay is enormous. Most people simply wont/cant persist 20 years and just give up.

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