Strike 3?

[broncovet]

I have already been to the CAVC twice.  The first time was when I filed a Writ of mandamus. (Pro Se).   The writ was dismissed, tho, not until after the RO had to submit a report to the court "answering" my complaint.  IN a nutshell the VARO awarded benefits and replied to the court I had nothing to complain about as they had fixed the problem.  

The second time was an appeal to the 2012 BVA decision.  In that one, NVLSP represented me, and they got a JMR.  I got an empty lollipop stick.  The 2012 Board decision was a partial grant, partial denial, and partial remand.  YOu can not appeal issues under remand.  The court wont allow that.  You simply have to wait until the remand is implemented, and, if they deny, then you can appeal.  

Now, for the next batter.  One swing and miss, and one foul ball equals 2 strikes.  The pitcher winds up...the catcher holds 2 fingers down signaling the pitcher...

Interestingly, even if I strike out at the third CAVC trip, this does not mean Im ejected from the game.  It means I will get another "at bat" when my claim reaches the applicable appeal stage.  

I just found out my attorney, Glover luck, filed a NOA.  She has not sent me a copy yet, Im not even sure if she will.  According to her, this means the VA has exactly 60 days to get her a copy of the RBA.  

After she gets the RBA she will prepare a "brief".  (I dont know while they call these "briefs"..because usually they should be called "longs").  

She explained that, after she prepares the Brief, the VA will decide if they want to "just concede" and give me my benefits (possible), or if they will continue on with the case.   I think this is where VA often offers a JMR  (Joint motion for remand).  

On strike number "2" I took the JMR, upon advice from the attorney.  Big mistake.  Yea...I "won" a remand for earlier effective date for dependents, which basically, the ro said I was entitle to the vast sum of $0.00 in retroactive benefits.  

Im smarter now, and am not accepting a JMR unless I have in writing the exact benefit they are offering..such as sleep apnea to March, 2007, and SMC S from that period.  

Edited April 10, 2016 by broncovet

[TexasMarine]

My first trip to the CAVC ended up as a JMR because the RO and BVA did not address on of my included claims.  The second trip ended as a JMR as well, because the BVA didn't review properly recorded evidence.  Now I'm back at the BVA waiting for the AMC to opine on that evidence and that of the C&P examiner.

I hope I don't have to go to the CAVC a third time, but the AMC has had my case for over 6 months.

[Guest]

The crazy one here, Bronco and Texas, these situations are very frustrating but if you get a remand from either CAVC or BVA make sure that you keep your issues addressed and on appeal and consideration.  The RO is notorious for granted an issue but not granting the correct effective date or granting a lower rating percentage.  In most cases once a claim is granted from CAVC and or BVA that particular issuse should have reached static and should not be severed but VA will try to re-evaluate to reduce the rating if they have not already screwed your decision. I know you guys already know this but just passing it on.

[broncovet]

Good advice Pete.  On all 3 trips to the BVA, I was awarded benefits (except the last one, where everything was denied) and, the RO failed to implement them.  Its like you are dealing with an 8 year old:

1.  You have to give them advance notice you are going to tell them they need to do something.

2.  You have to remind them the date is coming up, in a week.

3.  You have to remind them the big day is tomorrow. 

4.  You need to tell them in the morning, what time the big day is.

5. You need to go get them at the applicable time and escort them to the Big day room.

6. You have to listen, and then interpret what they said.

7.  The following day, you ask them what they plan on doing now that the big day happened

8. YOu need to help make a plan on implementing the big day.

9.  You need to remind them to implement the plan.

10.  You need to call them and make sure they did it.  

[TexasMarine]

7 hours ago, broncovet said:

Good advice Pete.  On all 3 trips to the BVA, I was awarded benefits (except the last one, where everything was denied) and, the RO failed to implement them.  Its like you are dealing with an 8 year old:

1.  You have to give them advance notice you are going to tell them they need to do something.

2.  You have to remind them the date is coming up, in a week.

3.  You have to remind them the big day is tomorrow. 

4.  You need to tell them in the morning, what time the big day is.

5. You need to go get them at the applicable time and escort them to the Big day room.

6. You have to listen, and then interpret what they said.

7.  The following day, you ask them what they plan on doing now that the big day happened

8. YOu need to help make a plan on implementing the big day.

9.  You need to remind them to implement the plan.

10.  You need to call them and make sure they did it.  

And then you've got to spank them for ignoring what you've been saying all along.

[broncovet]

You have to remind them the spanking was because they ignored you the first ten times they told you.