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]

Smh well I get the call from the droc in Seattle.

She also seen the errors tell me she can't fix it. I really think the bva is try to make me give up.

I have a cavc remand that bva droc. Are treating as new appeals.

I am now 100000 on the docket and in a new appeal system for the other with a 2021 date.

They will not return them to front of line. This crazy.

I am so mad Tell me she has to send it to her coach

Than right after I get off phone with them.

The va lawyer put in a request for the bva to respond to the court order. Smh. It been two week pass the time.

I am to oppose it I am go to see if the court allows it.

 I will just ask the court for a leave  to response.

I want to see what they got to say.

If the court allows this it would be crazy. The bva can now just blow off cavc order dates. Man if a veteran miss a court order date.

The va win your case is dismissed

I hope the judge denied it. 

But we will see  

I can't wait for all this to be over!

Venting again lol

I mean the bva has really stated that I need to start a whole new appeal process after a cavc remand.

This is the crazy thing I have ever seen.

No where in my cavc remand order does it say the veteran should have to do a new form 9 or a new nod.

I am at the mercy of the court because if they don't address it I will be waiting years for a hearing I never ask for.

Than years for it to be return to a judge. I am 100000 at the end of the line.

Anf I have one issue remove from legacy 2018 appeal and put in the new appeal lane as a July 2021 appeal now.

I am so upset I can even think.

The board will not respond to irs the droc keep responding not take care of there errors.

Keep try to push it on the board.

If this is allow I will take it alway to federal court.

I refuse to go all the way to the cavc win a remand and reversal at be told.

I have to start all over at the end of the appeal line.

When everbody understand cavc remand are to be return to front of line.

Ok I am done I had to get it off my chest lol

 

 

[Mr cue]

Man this whole process is crazy once again the exam for loss of use was cancelled by qtc.

Now no one will tell me anything again

I am trying to just wait for my petition to be addressed because the board and va not doing anything.

I can't believe I am been told that I have to start the whole appeal process over. After a cavc remand.

Never ever seen anything like this.

I had to do a new form 9 to continue my appeal which were remand by the court. Never stated on the cavc remand.

I had to do a new nod to continue my appeal process for the other issue remand by court. Never stated on the bva remand. State return to board.

Now I have a new 2021 appeal 101000 in line. That they have in the system I request a video hearing on.

 

 Never requested a hearing on anything in my 25 years of dealing with the va.

They will not remove this from my case so I guess I wait year for a hearing I never requested

And one in the new appeal system with a new date of July 2021. 

Now I am been told I can ask for it to be advance on docket. Smh

This has got me so mad.

I can cancel the remand for loss of use because they put it as smc r and o.

So if I withdraw it that the end of my cavc remand. They will close the whole remand appeal.

Well one day somebody will look it and maybe address my case.

Cause if the court doesn't order anything. I will be waiting years for my cavc remand to be returned to the board.

I never seen this coming.

 

I am about to take a trip to see my grand kids I got get this off my mind.

 

 

 

 

 

 

[Mr cue]

Just venting again lol.

Man why I get told that once again the va has sent my stuff to qtc.

This has been going on since July. 3rd time

The va want so bad to be able to put a unfavorable opinion in my record they just don't no what to do.

Qtc keep tell me they ain't going to do a medical opinion based on my record. But

They tell va I canceled the medical opinion

 va can't denied the claim. Because the remand order say do a medical opinion based on my record. Not a decision smh.

Smc is to be based on the record and effective by the record.

So i sit here again  with the back a forth games

The droc DC will not just get the va hospital to do the medical opinion

Because all my record are there and every comp exam that was done  favorable was done there.

Even the favorable specialized exam that was done.

Crazy part the medical doctor can't give a opinion on lost of use.

It is to be done by the rating specialist.

Well once again I wait.

I just hope the court take care oh all this crazy stuff.

The petition for extraordinary relief been with the judge all most a month now.

If it was a one page denied I think I would have been dismissed by now.

I have hope! Lol.

The fight continues

 

 

 

 

[Mr cue]

Well I been doing more homework.

And I never look at the purple book.

All veterans should read it. It will help many under va process.

Well I been in this fight because I don't believe a veteran has to start over a whole new appeal process after a cavc remand.

Let say after a cavc remand the bva make a veteran do a new va form 9 or a new nod.

And the va take the new form 9 or nod and created a new appeal stream.

With a new docket number the date of the new nod or va form 9.

You are starting the appeal process over. Not legal guys this is adding years to veterans cavc remands.

And your appeal could have been 10 years old now they have it with a new docket number and date.

 

In my case I had advance on docket and cavc expidate treatment under the original docket number

They remove my issues and put me 100000 in line with a new docket number.

And use a nod to remove me form my legacy appeal system to the new appeal system. And I never requested or opt in.

All done to add Years before anyone will have to address my case.

 

Here is how I plan on fighting if the court denied my petition.

 

Remand due to Manlincon v. West, 12 Vet. App. 238, 240-41 (1999),

 

You may simply add this issue to the appeal stream you are working and proceed, without taking any action to the ADV appeal stream.

 

Multiple docket numbers and requests for new or additional hearings do not

 

Warrant separate decisions.

 

These principles, appeal docketing is prioritized first by appeals remanded by CAVC, then

 

Those advanced on the Board’s docket, then those with the oldest docket number.

so if they change your docket number they remove this from your case.

Docket order is not maintained in two situations: where an appeal has been advanced 

On docket and where a case has been remanded by CAVC. The criteria for advancing a 

Case on the Board’s docket are discussed in Hearing Docket and AOD

See when they change my docket number they were removing my aid and expidate cavc remand.

 

I just point this out because I feel there are a lot of veterans waiting for decision.

 

What woke me up was I am been told by the board I have to request for my case to be advance on docket.

Maybe if they didn't change may docket number they would have seen my case is a cavc remand and has all ready been advance on the docket.

I am vetting again to after read that purple book it open my more lol.

I just hope the court address it the right way because I am fighting all the way.

I believe I got this one and hope the court end this.

No veteran should have to start over the whole appeal process after a cavc remand.

 

 

 

[Mr cue]

Man this petition has been with the judge for a month.

I keep say to myself it a good thing 

Can't see why the judge would have it this long just to denied it.

Crazy. Part I just realized it with the judge who remand my case to the board.

I just hope she see how they are volating her court order.

She didn't remand the effective dates to be granted in the first instance.

She set them a side.

Just the one issue.

She reverse the board decision that I didn't appeal a issues.

The board remand for a soc than made me do a new form 9 and now I am starting over the appeal process 100000 in line.

For a issue the court reverse never stated I had to do a new form 9.  

Crazy part I just noticed they reopen this issue from 2000 because I presented military records they never address.

I could understand why they were going so hard in the issue.

Last thing the judge granted for my case to be advance at court and expidate my mandate on The case at the end

Due to my need of in home care. Board granted smc l 

Never addressed I receive in home care

An court remand smc o and r to the board to address.

The board remand loss of use an now have the smc o and r with it to not address it.

So now I am waiting on a remand for loss of use. Which they continue to medical opinion shop.

When the court remand is for smc o and r which has nothing to do with my loss of use.

The droc DC as they call it now.

It was call the appeal management center back in the day.

Is the ppl that did all this.

Heads up ppl if you do a waiver of regional office  reconsideration. After a cavc remand.

9 times out of 10 your case is goin there.

We call it the black hole and just cause they change the name it still work the same

 

 

 

[broncovet]

My wife is a nurse.  She usually took care of 5 to 8 patients on any given day.  

Often, "patients" are impatient patients.  

I saw a classic example of this on tv the other day.  A man was in ER to remove a splinter from his finger.  He waited 3 hours or so, and got impatient and went to complain..at that time a patient came through who had a 2 by 4 THROUGH his entire body.  

All of the sudden he realized..hmmm, maybe I can wait another hour and not complain.  

You are seeking SMC effective dates.  However, when I filed a writ, I had zero benefits and was losing my home.  

Like it or not, you are gonna have to wait your turn.  The ER does cases not based on when you got there, but in the degree of medical emergency.  In virtually all cases, a splinter is low priority.  

Im not saying yours is low priority, but Im saying you have to wait your turn.  With VA benefits, "it always" takes longer than you think it should.  That is often true with just about everything..from going to the grocery store, to a resteraunt, etc.