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]

Yes mines is all about the law and how cavc remands should be handle.

I feel these cavc decision will take care of what every there response is.

I hope i am still getting info tho lol.

 

 

 

[Mr cue]

I post this because my petition is working I was 100000 now I am waiting to see the judge on one issue.

Let me no someone looking at things now and address them.

I understand the petition will be moot soon but this is a win today.

 

 

Current status

Your appeal is waiting to be sent to a judge

Your appeal is at the Board of Veterans’ Appeals, waiting to be sent to a Veterans Law Judge. Staff at the Board will make sure your case is complete, accurate, and ready to be decided by a judge.

 

What happens next?

The Board will make a decision

A Veterans Law Judge will review all of the available evidence and write a decision. For each issue you’re appealing, they can decide to:

 

Grant: The judge disagrees with the original decision and decides in your favor.

Deny: The judge agrees with the original decision.

Remand: The judge sends the issue back to the Veterans Benefits Administration to gather more evidence or to fix a mistake before deciding whether to grant or deny.

Note: About 60% of all cases have at least 1 issue remanded.

 

How long until a judge is ready for your appeal?

The Board of Veterans’ Appeals reviews cases in the order they’re received. When you completed a VA Form 9 in May 2021, your appeal was added to the Board’s docket, securing your spot in line.

 

There are 107,245 appeals on the docket, not including Advanced on the Docket and Court Remand appeals. Some of these appeals are not ready to be sent to a judge. A judge will begin work on your appeal when it’s among the oldest appeals that are ready for their review. The Board is currently reviewing appeals from February 2018 or older.

 

107,141

 

Appeals ahead of you

 

You are here

 

Front of docket line

 

107,245 total appeals on the docket

[Mr cue]

Well today all my cavc remand issue turn to waiting to be send to judge. They no longer have different docket numbers

I feel may petition really help and is working.

If you have a cavc remanded they are to be expidate by law

The va has been take that status from veterans. Well in my case I had to do a new va form 9 for one issue than I was told I had to nod another issue.

Once you do this if the va doesn't merge them back with the cavc remand docket you lose the expidate cavc remand. This is how they add Years to a cavc remand.

I no it's alot but it's law

If you get a new docket number on remand to va.

I point this out on my petition a now all my appeal are return to the board.

Last when u get a cavc remand. I would put this as evidence.

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.”

Well the va has until the 13 of this month to response to my petition at the court

My petition will be dismissed now that all my issue are back at the board and wait to be send to judge.

Maybe because the court is looking maybe I will get a proper decision and maybe they will address the Howell v nicholson issue this time.

I also point out that the board is volating a court percendent.

 

 

I am just venting again lol.

 

 

 

 

 

 

 

[Mr cue]

Just need to vent 

The process for smc benfits is harder than get my 100,%

I just hope the va doesn't come with some bull.

For they response to my petition august 13.

Call today told I have two new dockets on a cavc remand.

I am fighting with qtc they told me they send it back to va aug 2 but va telling me it not back.

Ok when your case is remand by cavc it go in the system as that. It has a code to make sure they get expidate.

If the va have you start a new docket the cavc remand is closed in the system. It look at and treat as a new appeal. It's not legal

Cavc remand are to be return to the front of the line after a bva remand to va. That your right part of my petition.

Smc is not a increase rating claim

I have 5 different issues now for applying for smc benfits.

This one crazy ride this time

 

 

 

 

 

 

[Mr cue]

Just venting again lol 

Well today has been a week since my petition has been with the judge.

The bva didn't even respond to the court. The droc DC just address what they have do since the bva remand.

I don't understand how bva were the court remand the case doesn't have to respond to a court order.

They did even address were my cavc remand Is on the docket.

Droc DC stated it ok to change the cavc remand docket. This is what give your cavc remand expidate treatment.

If they change your docket it treated as a new appeal. Smh

Well I just hope court at least address these issues.

If a veteran doesn't respond to a court order in there cavc case. The va win your case is dismissed.

I can't see how the court is going to allow this to be done. Never seen a petition were the bva refuse to answer the court order.

We will see the fight continues

 

 

 

 

 

 

 

[Mr cue]

Well it's will be 2 weeks with out dismissing my petition.

I hope this is a good thing.

Call 1800 today talk with a nice supervisor who understood my issues.

Told she is put in a fact finding email. Lol I think she wanted me off the phone we will see.

Even told me to call 1800 and ask for update mon. Yea ok.

I am going to be mad if I really have to sit here and wait at number 100000 for a cavc remand to be return to board.

My effective dates now they tell me they can even see my appeal of them or them even been return back to the board.

The bva doesn't answer anything anymore no number I have irs done nothing.

I can even get a call back from bva.

About to call white house line an complaint about this.

Why doesn't the bva have a number anymore.

Ok I am done venting.

The wait continues