Petition for extraordinary

[Mr cue]

Ok I got the court to have the va give a response to the petition.

?

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

Might also look at:
Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322.”

So i take this to mean after a cavc remand the bva isn't to remand to ro for a second development.

Am I reading this wrong.

 

[Mr cue]

Thank for your story. But it had nothing to do with va or the laws.

I ask the court to address.

Show me a law that states veterans have to start the whole appeal process over at end of line.

After a cavc remand or that it does get return to front of line.

Show me a law that state u can remove a cavc remand issue from there docket.

And treated it as a new appeal with new docket numbers

I can see why u lose your writ.

Its about the law not your feelings.

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

 

Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322.”

 

So i take this to mean after a cavc remand the bva can remand to get evidence against the veterans claim.

 

See it call use the law in your petition.

 

 

.

 

 

 

[Mr cue]

Man I think the va trying to drive me nuts lol. Wake up to this email.

I have been asking for a phone call from the board. Smh

The claim is being "reviewed" and pending completion. The claim is currently held in the National Work Queue (NWQ). NWQ distributes workload based on several factors, including priority processing attributes (e.g., homeless, severe financial hardship, terminal illness) and date of claim. The claim is in queue and prioritized and distributed daily, however; the inventory of hardship cases are completed first. Your claim is "flashed" hardship, which means it is a priority case. Your claim requires more evidence and upon completion of the claim you will receive the appropriate notification and in a timely matter. Unfortunately, we are unable to provide a definitive time line of completion

 

So basically we are going to keep shopping your cavc remand until we can get a unfavorable medical opinion to put in your record.

Since June my cases has been shop. Smh with 5 different places.

Man I can wait to see what the judge do with my petition for extraordinary relief.

Shit it will have been with the judge for two months on the 13th

An no the remand is not part of my petition for extraordinary relief.

 

 

[broncovet]

You posted:

Quote

Show me a law that states veterans have to start the whole appeal process over at end of line.

No, but it does not state the VA CANT do that either.  Here is the law that allows them to do this:

   Cheveron Deference:

https://www.law.cornell.edu/wex/chevron_deference

    Chevron Deference means the agency (VA) gets to interpret its own regulations the way they see fit.  So, if VA says the law means they get to make you start over, YOU are forced to take it to the Supreme court to decide if what they did was "unreasonable" in the judgement of the Supreme court.   

     The VA thinks its reasonable:  They make many Veterans wait in a very long line, and delay whenever they can.  Delay is VA's favorite thing.  The VA argues that they have 28 million Veterans, that every claim is different, and if congress would only give them more money, they could work on the claims backlog.  

[Mr cue]

Well I am not from the school the va can do what they want.

Like I said there is no law that states a veteran is to start over the appeal process.

After a cavc remand.

On the remand issues the court has address this. Take a look at.

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

Might also look at:
Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322

Now do the va follow the law that is the story.

Will they make u use the law to get your benfits yes.

 

 

 

 

[Mr cue]

Here is a case I based my petition for extraordinary relief off.

No. 14-269

GENE S. GROVES, PETITIONER,

V.

ROBERT A. MCDONALD,

SECRETARY OF VETERANS AFFAIRS, 

Never believe the va can do what they want.

This why they have law and percendent.

I learn this from hadit we used to debate cases and law.

That how I got the info for my cue claim. 8 year retro tdiu.

 

 

 

[Mr cue]

Man this process is get crazy. Smh.

I did a white house hot line complaint back in Sept. The board will not even answer them.

I call today just to see if they got back the guy tell me he never seen it take this long for a response he go to to up it to his boss. Lol.

I still am waiting on the court.

I have fought alway to court before and it was remand to board then to ro.

It was return to it place in line the front.  After the remand.

Sense when does a veteran have to start a whole new appeal process.

Is there a new law or something I am missing.