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]

Ok so I emailed the chief clerk at the court about my petition for extraordinary relief.

This has been going on since July it's been with the judge since Nov 29.

 

Good morning Sir, there’s nothing wrong with your petition, We are waiting for chambers to make a ruling.

 

Ok I really can't see how the court will let this stand.

I feel like the court is about to come down on the veterans affairs.

Or they are about to give me a detailed denail.

Because I can even see how these decisions are even legal

I did not request for my cavc remand issue to be removed from legacy appeal to be process in the new ama appeal system. This is a major error

The court set a side the effective dates granted 2018.

The board change the cavc  remand order.

To grant in the first instance. And remand the same effective dates I appeal to the court to be granted again.

So basically I am fight the same thing over. Because of this.

 

I have 6 different bva judge who have made decisions on my cavc remand do to these error.

The only way this can happen 5 judges would have had to retire in a year.

They process the cavc remand issue under the ama system and change it to a new 2021 appeal.

I am just venting now

 I did ask the court to sanction the veterans affairs.

For processing a cavc remand like this under.

No. 14-269
GENE S. GROVES, PETITIONER,
V.
ROBERT A. MCDONALD,
SECRETARY OF VETERANS AFFAIRS, RESPONDENT.

The court had memo send to every va and explain how cavc remands are to be handle.

Ok I am done lol 

My petition is with the chief judge and she was part of the Grove court decision.

I just be point alot of this out to help if a veteran find that they have to go it alone.

There are law and the va must follow them.

 

[Rivet62]

20 minutes ago, Mr cue said:

I did not request for my cavc remand issue to be removed from legacy appeal to be process in the new ama appeal system. This is a major error

This part scares me. The confusion between Legacy and AMA caused my BVA hearing to be dismissed. I received the dismissal letter 5 months after my hearing. I posted the letter for all to see here on Hadit. The post is titled Docket Error, Dismissal after Hearing... or something like that.  Three errors occurred that caused my hearing to be dismissed. First error was by my attorney, and then two more errors by VA.  There is an extraordinary amount of confusion between Legacy and AMA it seems. I've been reading about it on various websites and forums. Just be very, very careful. What you're stating is how the errors occurred in mine. My attorney followed what he thought he should do based on what was told to him by VA. They took the Legacy NOD and said "no you have to file the AMA disagreement form" and he did, then later it was ruled as an improper way to opt into AMA. The best way to opt in is to use the official way to opt into AMA, not some backdoor method that might ultimately have your hearing dismissed on technicalities. They are really trying to squeeze legacy out of the pipelines.

Ultimately my dismissal letter says that I am to return back to the position of legacy, by responding to the SOC I received which was dated just 9 days after the dismissal letter. Now we have the opportunity to opt into AMA properly, but I lost 2 years waiting for my BVA hearing that only got dismissed.

Edited January 13, 2022 by Rivet62

[Mr cue]

Rivet you are right the va has been send nod that are for ama appeal system.

To veterans and tell them they need to file out to continue there appeal.

When they are legacy appeal

In legacy you can just write the nod.

The va has been take these nod and using them to remove veterans from legacy appeal.

But I never check the opt in box on mines because I seen the set up.

But they process it anyway to remove me from legacy.

Yes this add Years to veterans appeals and cavc remands.

And is been done to remove appeal from legacy appeal to the new ama system.

Try to clear all legacy appeal from there system

So yes I am hope the court address it 

 

[Rivet62]

1 hour ago, Mr cue said:

Rivet you are right the va has been send nod that are for ama appeal system.

To veterans and tell them they need to file out to continue there appeal.

When they are legacy appeal

In legacy you can just write the nod.

The va has been take these nod and using them to remove veterans from legacy appeal.

But I never check the opt in box on mines because I seen the set up.

But they process it anyway to remove me from legacy.

Yes this add Years to veterans appeals and cavc remands.

And is been done to remove appeal from legacy appeal to the new ama system.

Try to clear all legacy appeal from there system

So yes I am hope the court address it 

Well, I'll follow your journey to see if and/or how you correct it. It's a heck of thing to expect an award letter after a hearing only to be told you get to start all over again. It's good you recognized it and took action before damage occurs.

[Mr cue]

See to me the va is trying to have it both ways.

You told your nod can't be accepted

They have accept the nod  for me and Process it.

We will see if the court address it.

Because I really feel this was done on purpose.

How do u send veterans nod paper and the paper say check this box if u want to opt in to the ama system.

I didn't check the box and no one will address it anba judge even process it with all the statement from me in my record about me not requesting it.

How long or how hard is it to look at the nod an see I didn't check the  box to get this right.

And I been try to get some one to look at it for over 6 month. This Crazy.

And the va response to the court to my petition for extraordinary relief is that we process the cavc remand and expidate it. Smh

 

[Rivet62]

14 minutes ago, Mr cue said:

How do u send veterans nod paper and the paper say check this box if u want to opt in to the ama system.

I didn't check the box and no one will address it anba judge even process it with all the statement from me in my record about me not requesting it.

EXACTLY.  Too much confusion within VA's own offices about Legacy/AMA. Simple check box and they ignore it. Smh