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]

I would say the chances of get the ro to granted anything by these regs are slim.

I would believe that it would have to go to court and back to bva before they will address these regs.

I was granted 8 years retro  tdiu based on the reg. I had to take it to the court tho before they address it.

Tdiu isn't inferred that why there are two different laws posted.

Smc benfits are to be inferred by the record.

So I wouldn't call it a judgement call

[Mr cue]

Venting again.

Man I really can't believe I can't get a decision on my petition.

It has been with the judge two months on Fri.

This is crazy. I have had case go to the judges at the cavc an I have never wait 2 months.

The bva had process the bogus decisions on my cavc remand.

I start the appeal back to the court feb 6 the va has to give me the record of the agency. My record.

I can't believe I have to go all the way back through a whole new cavc process before someone address.

That I never requested to have my issues remove from legacy appeal and the cavc remand docket.

I never opt in to the new ama appeal system.

It take ever bit of two seconds to look at the nod.

This is why I really believe this was done on purpose.

Cavc remand are to be track in the vacol system. So how cant anyone see this was a cavc remand.

I am get frustrated with this no contact with anyone or that no one seem to be able to read.

After this I will not be fighting with the veterans affairs again.

We the veterans are in a lose system now.

Comp exams.

No contact with bva

The ordering of exam for ever disability if you ask for a increase in one to reduce rating.

Yes you can fight to get your benfits back. But how long will it take now.

A whole cavc case and a bva Remamd.

Ok I am done guess I just get my brief ready for the court.

Because I don't see anyone addressing this before.

I am just can't understand why it takes two months to deny the petition.

If that what. The judge is going to do

Ok I am done lol

 

Venting again.

Man I really can't believe I can't get a decision on my petition.

It has been with the judge two months on Fri.

This is crazy. I have had case go to the judges at the cavc an I have never wait 2 months.

The bva had process the bogus decisions on my cavc remand.

I start the appeal back to the court feb 6 the va has to give me the record of the agency. My record.

I can't believe I have to go all the way back through a whole new cavc process before someone address.

That I never requested to have my issues remove from legacy appeal and the cavc remand docket.

I never opt in to the new ama appeal system.

It take ever bit of two seconds to look at the nod.

This is why I really believe this was done on purpose.

Cavc remand are to be track in the vacol system. So how cant anyone see this was a cavc remand.

I am get frustrated with this no contact with anyone or that no one seem to be able to read.

After this I will not be fighting with the veterans affairs again.

We the veterans are in a lose system now.

Comp exams.

No contact with bva

The ordering of exam for ever disability if you ask for a increase in one to reduce rating.

Yes you can fight to get your benfits back. But how long will it take now.

A whole cavc case and a bva Remamd.

Ok I am done guess I just get my brief ready for the court.

Because I don't see anyone addressing this before.

I am just can't understand why it takes two months to deny the petition.

If that what. The judge is going to do

Ok I am done lol

 

[blahsaysme2u]

4 hours ago, Mr cue said:

We the veterans are in a lose system now.

Comp exams.

No contact with bva

The ordering of exam for ever disability if you ask for a increase in one to reduce rating.

Yes you can fight to get your benfits back. But how long will it take now.

A whole cavc case and a bva Remamd.

dont ever give up bud. you know their game. i dont fight for the money or the SC % or even the benefits...i fight because i want it correct. keep pushing...just like a ruck march, one foot in front of the other. dont get down...yes the HOUSE is stacked against us, but the HOUSE doesnt always win!  sorry you are stressed and feeling frustrated- sometimes putting things on the shelf and letting it rest for a few months can help too...and nothing wrong with that.

anyways i hate to hear my brothers and sisters get so down trodden by the system they give up. i know you were venting but sometimes when we vent we also need some encouragement- hope i gave you something to lift you and encourage that "next step in front of the other"

[Mr cue]

Ok I have been sitting back trying to understand how my petition for extraordinary relief could still be it the judge chambers at the court for two months.

Ok Nov the va put in a response stating they made decisions etc.

If the court feel this is good they  dismiss the petition. But I can't even get that.

Well my petition for extraordinary relief is for the va not processing a cavc by law.

Which I feel is a big issue because the court address this in a court case.

And the court send letters to all regional office and bva an explain how there decision are to be process.

I think this will help other veterans who have cases remand By the Cavc understand how there cavc remand should be handle and track in the vacol system.

 

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

 

[Mr cue]

I am going to wait until Friday if the court doesn't give me a decision. On my petition for extraordinary by Friday.

I will be raising hell next week.

Ok the va made decision on the issues I put in the petition for 

During the court process and the court will not even address the decision they made this is crazy.

I have never seen a petition for extraordinary relief treated this way.

They will not even deny the petition.

So I can appeal to federal court if I choose to.

I was just hoping the court would vacated the new decision and have the bva issue a  new decision that address my case as a cavc remand.

Ok I am done.

Last I was having real problem with a clerk that was just hire 

An wouldn't put my motion into the court. Tell me I had to do them like a lawyer basically.

I had to call the supervisor and have him to get I right.

I hope the clerk ain't did something.

I just can't understand this