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Appeal Remanded...
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Indy_CV62_OS
My Legacy Appeal was Certified Jul 2019. In the time that my case was at the Board, I had filed new claim for Hearing Loss and Tinnitus; 0% for hearing and 10% for Tinnitus. Beginning in late August, I sought out a local lung specialist for a complete exam and evaluation of the collapsed lungs. He had determined that the left side chest tube caused an injury to the Intercostal Nerves. This is accidental and also common. All of that evidence, including a CAT scan went straight to the Board. When the evidence was faxed, I had waived any consideration of the RO for the new evidence. I wanted the Judge to see the new evidence and decide my Appeal.
The Board punted my Appeal. They either screwed up or chickened out. If someone at the Board failed to show the Waiver to the Attorney or Judge, then they goofed. If the Judge knew about the Waiver and still made a mere footnote of my Triple Board Certified Pulmonologist, then something else is screwy. The Board referred to a 2017 C&P Exam for my chronic chest pain, evaluated by, get this...a Nurse Practitioner. Not that there's anything wrong with NP's, but why did they not rely on the New and Material evidence?
Now my case will go back to the RO and this could take years. I can't petition the Court of Veterans Appeals because the Judge's order is not final. So, they get to play with me longer. I am going to get on the horn with my Lawyer tomorrow and find out if we can file a Writ of Mandamus and take their ass to Federal Court. It just knocks me out. I'm running around on my dime gathering evidence that they need. I even said "I'm willing to wait until the cows come home, as long as the Board applies the new evidence and get it right". I sure hope somebody can learn from this. I am way past pissed off and frustrated, but I'm not backing down. I hope everyone has a good week. Oh, that other forum? Learned my lesson once and for all. You can't even sneeze on their beloved VA without getting your pee pee smacked. I'll stay here.
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vetquest
Wow, I love remands like this. They did not obtain all pertinent information is the first part (item1). Item 2 relates to the less than 50% likely decision. The examiner is supposed to read everyth
vetquest
Indy, it appears that the BVA is giving the RO a second chance to do it right. Short of that I cannot understand their decision. I went through the same thing on a appeal that took ten years. What
Indy_CV62_OS
VQ...Great to see you again. It almost smacks of a case that does not merit a VLJ. I'm really looking forward to talking to my Lawyer. He'll push them. The funny thing is, the Appeal probably went
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