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]

Man I tell you I think the va has change it policy on this system not been adverse.

Well I call today because I put in a request to have my cases which were remand by the court.

To be advance on the docket. Again they were already advance 2018. But ok

The nice lady tell me a letter was send oct 22 smh.

And that the board want to no which issues I am requesting to be advance.

Now I put both issue on the request number them 1 and 2 I been doing this for a min.

Well now I got to send one again.

Crazy the va is really go to the shit hole

My opinion

[Mr cue]

Lol the 1800 is really a joke

Well today I had the letter fax over.

And nowhere does it say they need to no what appeal I am asking to be advance. Smh.

Ok now let see what the chairman do this time.

Do you see they got my two cavc remand issue  listed as new appeals started July 2021. Smh.

They will not even address them as a cavc remand Because they were removed from the 2018 cavc remand docket and give new docket numbers. Smh

Well now I have two things I am waiting on to address this the petition and the advance on the docket.

I was all ready advance on the docket 2018 for all these issues due to my need of in home care.

So can't wait to see this response.

 

 

 

[Mr cue]

Mani been sitting here get thing my cue and other things ready to be send out after the holidays.

Well I was thinking.

On my petition.

It has been going on since July

The va the board has done many things.why I wait for a judge to rule on it.

Like one of my cavc remand issue was process in the new appeal system.

I never. Opt in my claim was remove form legacy appeal system

I now have a bva decision. So basically they process it and I have to go all way to court for someone to look at the nod you have to a box to opt in. I have the nod no box check.

The va even gave it to the court no box . Smh.

The cavc set a side the effective dates the va. Had granted

And remand it to address earlier time period

The board change the cavc remand order

And remand the same effective dates I was granted 2018.

To the ro to granted in the first instance.

I point this out in my petition.

Well I now have a bva decision that I am appealing back to the court.

Which is the  same effective dates.

So my court set a side order and remand was for nothing. Smh.

And all this is been done why I have a petition for extraordinary relief. Smh.

I am really thing the va and board are trying to wear me out and hope I let it go.

I feel the court has to come up with a bogus reason to dismiss my petition

I can understand how it has been with a judge for over a month and half.

And they will not do anything

I just had to vent again. Lol.

O and so I started my appeal back to the court.

I put in to have my case advance at the court again.

Well the court made me start two different appeal for the bva decision.

Well I look and only one case has my  motion to advance. Smh.

Now I got to do a new advance for the other case they open.

Yes I do all this pro se and have been doing it this way for 20 years.

I have been to the cavc 3 times in the 20 years and have won remands.

Set a side order and even a reversal at the court.

Man but this process of get my smc benfits.because they never inffered them has been one of the worst process.

Ok I am done lol.

 

 

 

 

 

 

 

 

 

[Mr cue]

Yea this is one crazy process I did a petition July here it is January.

And I can't believe the court will not issue decision on my petition.

I tell you if the court let the veterans affairs process my cavc remand like this I will be take it to federal court.

I just can't let it go.

One of my issues remand by the court was remove form legacy appeal system and process in the new appeal system.

 

No. 14-269
GENE S. GROVES, PETITIONER,
V.
ROBERT A. MCDONALD,

 

I post this case so ppl don't think I am just doing court cases with out law to back it up.

I even ask the court in my petition to sanction the veterans affairs.

They was going to do in the Grove case. 

So I sit here waiting on a ruling.

 

[Mr cue]

Man there are so many new ppl work in this va cavc bva system now.

I put in the appeal to the court for the bva decisions from Nov I also put in the motion to have the court advance my case again

Well I got a call right before x mas saying they have to treated each decision as a different appeal to court. So I have to different appeal running at the court at the same time. Smh

They open up a case for the other decision. Well I go to look an see if and when the va had to give me the record of agency.

Well the clerk never put the motion to advance on the other case.

The motion is with a judge but only for one case now. Smh

This is why I did the petition for extraordinary relief I did want 3 4 different case at the cavc at the same dam Time.

The court will not rule on my petition or do anything the va has process all these bogus decisions 

As new 2021 appeals. This crazy and I can't do anything but appeal back to the court now

There is no way this was not don't on purpose.

How cant a judge his clerks va lawyers.

No one see what is going on. With a cavc remand order

I sit here and am waiting for the last issue that is still under the cavc remand to be give a decision by the board.

And I bet once again the judge will not even address all the issue remand by the court.

An act like nothing was remove from the cavc remand order or docket

There is no way a person can't see that the court remand 4 issues January 30 2021. All together

But there is only one issue still under the cavc docket.

Where did the other 3 go why were they process as new appeals.

How were they remove from the cavc remand order.

When did the veteran request this

No one will address anything.

I even ask for the cases to be merge back with the cavc remand docket.

I was never done and now I will be fight 3 different cavc appeal to the court this time.

My bad I had to vent after that phone call.

Oh and I found out my petition was send to the judge  Jan 2 clerk told me it was send in Nov. Smh

So it been just sitting for 1 month.

I am starting to feel like the court don't want to grant the petition and will not even address anything and act like I have bva decisions so there no need for the petition.

I will end it here

 all my issues were all together all the way to the Court.

The court remand them and now each one is now treated as new appeals.

I have 4 different bva judges who have made ruling on the cavc remand now. Because of there errors

And this is for smc benfits they are treating each smc benfit as a claim. Smh.

I want to do the cue so bad but I am trying to see what happens.

The cue is my last resort.

 

 

 

 

 

 

 

 

 

[Mr cue]

Venting again lol.

I really can't believe I haven't got a decision on my petition for extraordinary relief.

I even started the new appeal to the court and I still can't get anything.

Well I will just let it go.

An just get to handling the cavc case.

I really think the va is try to just get me to the point I say xxxx it.

I can see how you start a petition in July and the court let the va process the error you petition the court to have Address..

Ok I am done I am get tried of the games not been able to talk to no one at va about there errors who can look and correct the errors..

Sit there hoping someone pick up your case and read your statements.

This crazy it was never this hard to get the va to address there errors