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Appeal Remanded...

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Indy_CV62_OS

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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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I just had a thought: I reread the order and it appears as though the Board is ordering the RO to go back to the 2017 exam and get more information as well as a more complete opinion.  Is it possible the Judge is seeking to disqualify that examiner in favor of applying the opinions of my lung specialist?

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Its the way the VA does it.  Many of us are in your same boat:  The USS Delay

As long as it remains profitable for VA to delay us, this will continue.  You see, its profitable for VA to delay as long as possible because:

1.  They pay no interest for the delays.  We absorb the costs of delays by VA paying us with deflated dollars.  

2.  Or, if the VA succeeds in delaying until death, the VA gets a free pass unless the widow is saavy enough to file a substitution of claimant.  (rare).  

     Either way, the VA wins!!! and We lose.  

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That is a bitter pill to swallow. Was the remand ordered by a VLJ? Did you request, and were you provided a BVA hearing? Can your attorney be of assistance? Maybe reach out to the BVA pertaining to this error?

Edited by 63Charlie
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2 hours ago, Indy_CV62_OS said:

 

Now my case will go back to the RO and this could take years.  

Remands are supposedly expedited.  I hope this is true.

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16 minutes ago, 63Charlie said:

That is a bitter pill to swallow. Was the remand ordered by a VLJ? Did you request, and were you provided a BVA hearing? Can your attorney be of assistance? Maybe reach out to the BVA pertaining to this error?

It was a VLJ and I opted not to have a Hearing.  I'll be on the horn with my Lawyer tomorrow.  Thanks Charlie!

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33 minutes ago, broncovet said:

Its the way the VA does it.  Many of us are in your same boat:  The USS Delay

As long as it remains profitable for VA to delay us, this will continue.  You see, its profitable for VA to delay as long as possible because:

1.  They pay no interest for the delays.  We absorb the costs of delays by VA paying us with deflated dollars.  

2.  Or, if the VA succeeds in delaying until death, the VA gets a free pass unless the widow is saavy enough to file a substitution of claimant.  (rare).  

     Either way, the VA wins!!! and We lose.  

Good to see you again my friend.  I would never debate anything you just posted.  I know this: I will fight them and I will win.  When I get the retro, I'll stack silver and make up all of the lost value of those federal reserve debt notes.

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