Remand from CAVC

[RUREADY]

Finally a decision was made today on my remand its been with judge

since 8-15 glad they made one but why I just have a bad feeling about

the outcome of this decision. No feeling at all it will be in my favor. I have no

faith in VA system

[FormerMember]

I sure don't think anyone here who helps out has ever implied they know everything. I certainly have never implied such. Hell, I just found out last week a "through and through", be it a GSW or a SFW doesn't mean the missile entered and departed the body. It only means the missile traversed a muscle group or groups. 

What I had hoped to tell you about an RBA  might be invaluable to someone else. Historically, we all used to get ours in some semblance of chronological order. About a decade or so ago, someone at BVA decided to do 52-card pickup to make a RBA almost impossible to  rapidly reconstruct to aid in the CAVC appeal. Documents now from 1989 can be (and often are) interspersed in the middle of 2012 documents. You have sixty (60) days from receipt to examine the RBA and object to other Vets' files/documents mixed in with yours to ascertain the correctness/completeness of the file and to object. If you have a 3,500 page RBA, you may find it necessary to send it out to a reconstruction crew of paralegals who usually charge $1,500 for the project. That $1,500 is not included in the 20% settlement you broker with a VA Attorney. It is an extra the attorney bills you for unless you are using a pro se outfit like NVLSP or the Veterans Pro Bono Consortium. There is a lot more Vets need to know about an RBA but I don't need to go into it here.

The object of this site is not only to help you but to teach others simultaneously. Your approach appears as a "I don't need that info" one. Perhaps you do not  but you might consider how that impacts other Vets who are not as intelligent as you but nevertheless desire the knowledge. Or not. Remember the mission is to leave no one behind, sir. If you feel it is superfluous, I understand. I merely offered you (and others) an opportunity to learn of the historical perspective regarding the VA's propensity to be adversarial. The BVA's (mis)handling of a RBA is just one small facet of a CAVC claim.

For the record, a remand from the CAVC  can be either a vacate and remand based on defective case or controversy, a set aside and remand based on a procedural flaw in adjudication (such as a missing SOC) or a reverse and remand to comply with the Court's directive because VA screwed you and knew they were doing it all the while.

Why you think a remand might be ominous or a denial of some sort illustrates why we all gain knowledge from one another's plight. A remand is simply another bite of the apple. Remember too that you get to introduce new and material evidence following a remand. It often is the life preserver that gives you the opportunity to submit that which you were lacking previously. How any remand can have negative implications escapes me.  I wish you the best. If the 'cowboy' sobriquet offended you, I surely apologize for that too. I promise I will not attempt impose knowledge on you any more, sir and I wish you the best on a successful claim. 

For the record, I'm honored to be called a cowboy.  I do not want to be remembered for how many of you I might have helped get service connected. I want to be remembered as one who chose to help Vets.

clear prop.

 

[Buck52]

Well said Alex  aka asknod

PUREADY

Sir this is your last warning.

Anymore snide remarks or unpleasant remarks & augmentative derogatory post from you toward any hadit member will not be tolerated.

 

........Buck

[RUREADY]

6 hours ago, asknod said:

I sure don't think anyone here who helps out has ever implied they know everything. I certainly have never implied such. Hell, I just found out last week a "through and through", be it a GSW or a SFW doesn't mean the missile entered and departed the body. It only means the missile traversed a muscle group or groups. 

What I had hoped to tell you about an RBA  might be invaluable to someone else. Historically, we all used to get ours in some semblance of chronological order. About a decade or so ago, someone at BVA decided to do 52-card pickup to make a RBA almost impossible to  rapidly reconstruct to aid in the CAVC appeal. Documents now from 1989 can be (and often are) interspersed in the middle of 2012 documents. You have sixty (60) days from receipt to examine the RBA and object to other Vets' files/documents mixed in with yours to ascertain the correctness/completeness of the file and to object. If you have a 3,500 page RBA, you may find it necessary to send it out to a reconstruction crew of paralegals who usually charge $1,500 for the project. That $1,500 is not included in the 20% settlement you broker with a VA Attorney. It is an extra the attorney bills you for unless you are using a pro se outfit like NVLSP or the Veterans Pro Bono Consortium. There is a lot more Vets need to know about an RBA but I don't need to go into it here.

The object of this site is not only to help you but to teach others simultaneously. Your approach appears as a "I don't need that info" one. Perhaps you do not  but you might consider how that impacts other Vets who are not as intelligent as you but nevertheless desire the knowledge. Or not. Remember the mission is to leave no one behind, sir. If you feel it is superfluous, I understand. I merely offered you (and others) an opportunity to learn of the historical perspective regarding the VA's propensity to be adversarial. The BVA's (mis)handling of a RBA is just one small facet of a CAVC claim.

For the record, a remand from the CAVC  can be either a vacate and remand based on defective case or controversy, a set aside and remand based on a procedural flaw in adjudication (such as a missing SOC) or a reverse and remand to comply with the Court's directive because VA screwed you and knew they were doing it all the while.

Why you think a remand might be ominous or a denial of some sort illustrates why we all gain knowledge from one another's plight. A remand is simply another bite of the apple. Remember too that you get to introduce new and material evidence following a remand. It often is the life preserver that gives you the opportunity to submit that which you were lacking previously. How any remand can have negative implications escapes me.  I wish you the best. If the 'cowboy' sobriquet offended you, I surely apologize for that too. I promise I will not attempt impose knowledge on you any more, sir and I wish you the best on a successful claim. 

For the record, I'm honored to be called a cowboy.  I do not want to be remembered for how many of you I might have helped get service connected. I want to be remembered as one who chose to help Vets.

clear prop.

 

asknod I don't know where I call you or anyone else,that know everything

I did not call your name or anyone name. If I  find or talk to a lawyer

who think he knows everything I run and run fast. Every case is different

than the other no case is the same. You read and study denials claims

that help you to win. I ask in a kind way for your help in a question  You fired back

COWBOY call the radio. I said thanks. All this other stuff you guys reading

it what you want to hear,not what I said. I find the answer RBA is only before the CAVC

so before your case goes to CAVC you need to request a copy of your C-file after a

Board decision but before it goes to CAVC. I ant mad with you I trying to get

answer to my post and none of this is ask.  I don't get mad because anyone talks about my

good master surely can talk about me. I wont post no more MR Buck SIR

[Buck52]

PUREADY

Its not up to me to bannish you from hadit that is only for   Ms Tbird to make that decision.

I merely was giving you a warning and not a ultimatum. 

 

........Buck

[Chuck75]

On 2/19/2016 at 1:08 PM, broncovet said:

You hit on the best reason for a hearing...you can review the file to see if its complete, that is, if you have yours memorized, like I do mine.  (well, mostly, but I dont rememeber dates).  I have a pretty good idea what is in there or supposed to be, at least as far as "key evidence".  

A serious problem arises when the BVA hearing officer does not have and has not reviewed the records. This happened to me about this time last year. To add injury, the hearing location was at the VARO that supposedly had custody of the records.

 

Edited February 21, 2016 by Chuck75

[FormerMember]

 

4 hours ago, RUREADY said:

 <<< before your case goes to CAVC you need to request a copy of your C-file after a

Board decision but before it goes to CAVC. >>>

It appears you still do not comprehend how this works. If you file a NOA with the CAVC, the BVA is obligated to provide the RBA (which is simply your c-file) to your attorney. You do not need to request it. A RBA is a certified copy and the BVA swears it is complete and correct. At the conclusion of the BVA  decision, it is referred to as the RBA or Record Before the Agency. At the conclusion of the CAVC decision (or a Federal Circuit decision) it is called the ROA or Record On Appeal. Six of one and half a dozen of another. 

<<< You or anyone will not talk to me all kind of way. I'm a MAN.>>>

I think this is where you give the impression you're angry, sir. Perhaps I should have said cowpoke or cowman instead of cowboy. This is a forum for seeking knowledge-not a venue for macho word-slinging. You have the right to forego radio shows. You have the right to your own opinion. You ask for knowledge but put strictures on who you will accept that knowledge from and how/where. John and Jerrel's radio show is the perfect opportunity for a one-on-one discussion about your circumstances because, as you yourself pointed out, no two claims are alike. Your path to attain knowledge is yours alone. If you choose to limit your options, no one should judge you. I assure you, I certainly don't. 

Personally, I think everyone ought to take a deep breath and step back. Nothing so far has risen to the level of an insult. No one has had their feelings hurt (I hope). The gains in knowledge to be made here far exceed what can be gained by going away mad. 

Were I you , I would continue to post here and pretend we all mean well regardless of what you perceive. It's obvious some knowledge of how the VA system works doesn't always make it into every publication or article. That is a primary reason Theresa began this endeavor. And please, I beg of you. Do not group me with lawyers. I am not one. I am a disabled Veteran-just like you. I just happen to be a cowboy and was born on the first of April. My sense of humor sometimes gets in the way of helping.

I think Theresa should go into the Hadit dictionary and remove 'cowboy' from the approved  list as it appears it may inflame some. In that spirit, I will refrain from using it in the future. No harm. No foul.  Problem solved.