Pro Se Vet Win

[Berta]

I was at the CAVC to get the rules for filing my Writ of Mandamus (the court rules are not complex at all) and read over the new decisions and this new one popped up.

Pro Se veteran gets BVA decision vacated:

The veterans not only filed this Pro se but the filings are handwritten.

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSummary.jsp&caseNum=14-0177&incOrigDkt=Y&incDktEntries=Y

The appellant also had filed a Motion disputing the Record of Proceedings and that is why the case was stayed for a while.

Apparently this veteran, at a C & P exam was given a favorable medical opinion by a C & P examiner that his

"adenocarcinoma of the colon and peripheral neuropathy of the right and left upper extremity", were secondary to exposure to herbicides."

His handwritten filings are brief and cite VA case laws.He even asked the court for sanctions against the VA at one point!

https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01202759645&caseId=79553&dktType=dktPublic

The only BVA case I found is his Motion for Reconsideration to the BVA. The BVA denied it, and thus he filed at US CAVC

Today's entry states:

"Memorandum Decision that those portions of the June 4, 2013, Board decision denying Mr. Golemon benefits for adenocarcinoma of the colon and peripheral neuropathy of the right and left upper extremity, to include as secondary to exposure to herbicides, are VACATED and the matters are REMANDED for further development and readjudication consistent with this decision. The remainder of the June 4, 2013, Board decision is AFFIRMED. On remand, the Secretary shall include in the record before the Board a copy of the Secretary's brief in this appeal. (HAGEL) (MVL)"

YIPPEE and this shows that Nothing is impossible with the VA.

Where is this veteran? He should be a member here ! Brilliant work particularly when he doesn''t seem to even have a PC or printer.

Nothing is impossible with the VA, It just takes a lot of leg work.

I cant wait to read the entire docket filings, have not had time yet and cant find the original BVA decision, just his Motion for Reconsideration.

If anyone finds the BVA docket #, please let me know.

Edited May 5, 2015 by Berta

[Notorious Kelly]

Glad to hear it Berta

[stillhere]

Hi Berta,

I hope this is what you are referring to: Docket # 06-15 885 Date June 4,2013

Stillhere

[broncovet]

Thanks, Berta

I, too, am starting to work on my Pro Se Writ. The Regional Office has failed to readjuticate my TDIU issue, as mandated by the Board decision.

Maybe more important to other Vets, this writ will also demand that the RO comply with 38 CFR3.103, which states:

"Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing...."

I allege the VA is in violation by denying my "Special Handling Request due to shredded evidence" (SHR) .

I found out they denied it reading my RBA..its in a note there written by a Va employee, but I was never sent notice.

Im gonna ask CAVC to compel the RO into compliance with 3.103 as this affects my benefits effective date and that is an appealable issue.

I want them to have to issue a decision explaining the "reasons and bases" as to why the SHR was denied. (The note said because it wa not in the presumptive shredding period, however, I dispute that).

[Berta]

Thanks ,stillhere-----Yes that is the BVA remand and I guess this is what caused the CAVC case?

http://www.va.gov/vetapp12/Files4/1227090.txt

The vacated BVA decision was only a partial award but this vet did get TDIU!

He might have enough in the works to get SMC

I really need to read over this case better....

I never saw a hand written Motion at the CAVC before.

I hope this vet can buy a brand new PC and printer but then again, he proved he didnt need anymore than the proof of a logical case.