Bva remand for loss of use under smc

[Mr cue]

Now here is another example of the bva try to delay and develop evidence to denied. After a cavc remand.

Ok I have a claim for smc r higher level in home care.

Now I denied get a bva decision on that and see how it say higher level smc.

So now I will not get a decision for smc r until my case is send back to the board. This is crazy.

Now smc and increase rating are two different thing. Smc is Based on the record and effective by the record.

Well my only hope to get pass all these delays is my petition.

My petition was expidate by court due to my need of in home care. And the cavc case that remand it the bva.

Do u see how the judge stated that my effective date for smc. Are downstream issue. And I have not disagree so the board doesn't have jurdation.

How is a cavc remand issue a downstream issue. Lol 

See when u do the nod now you will get a new docket number.

U will not have the cavc remand docket which is to be expidate.

This is how the bva and ro hold cavc remands. And there no longer in the system as a cavc remand. Not legal.

If I had not done the petition or understood. I would have been waiting years for them to address this.

I am venting again.

Oh and I did denied the exam. These qtc ppl are crazy. They will not tell me when it will be send back.

So now a outside company has add months to the claim process because they don't return exam or claims back to ro.

Smh now I got to fight qtc to return my issue back to ro

 

 

 

[pwrslm]

The system seems to not like you Mr Cue. I think they are not used to dealing with someone that will not accept the incompetence they tend to accept.

Understand that this is the only system we have. When things are really broken, there is a way to register complaints. The chain of command would deal with the same problems in the military, but this is more of bureaucracy than anything else. Our only recourse is the VAOIG. The IG can look into issues and if they validate the problem, can force corrections in the system. This may take up some time, but only if you design the complaint surrounding your claim. 
The contract C&P exam system can throw some bad results. They do that quite often from my experience and observations. I would say bogus C&P exams overall are a sizeable percentage of causes for appeals. They delay benefits that veterans need and thus, this problem should be fixed. The more veterans that complain about LHI and other contractors, the more likely it is that the IG will open an investigation. Who knows, maybe it will bleed over into the VA C&P system as well. The VA C&P is just as bad.
Either way, IMHO, you need a good lawyer. It may take a few tries to find one that is able to deal with the problems you experience, so do not give up on your first try if you do not find one willing to get things done.

[Mr cue]

I only have these problems with the va when there is big retro at play

When I did the cue and won 8 year retro back in 2004.

They did the same thing. Try to change my docket to put years on the cavc remand

But I was able to get it fix at the bva they had a contact number back than

My thing is if a veterans case is remand by the us court 

And if the board make you do a new form 9 and a nod 

And turn your cavc remand into a new appeal with a new docket number.

It's not legal. Your cavc remand has a docket number and are to be expidate. And return to front of line at the board.

When they change your docket number it is removed from the system which track cavc remands.

 

The Board is required to substantially comply with its own prior remand orders, and with prior remand orders issued by the Court of Appeals for Veterans Claims. Stegall v. West 11 Vet.App. 268 (1998). 

 

. "Rather, a party can be found in civil contempt where his failure to fully comply with a Court
rule or order is the result of 'gross negligence and a gross lack of diligence.'" Id. (quoting Pousson,
22 Vet.App. at 437
N addition, to ensure compliance with future remands, the Court will instruct the Clerk to

Send copies of this order to multiple VA officials as identified below for immediate, appropriate

Action for setting in place safeguards to prevent or catch any misclassification of this Court’s orders

In VACOLS, to ensure that cases remanded from this Court are on the appropriate remand track, and

To ensure that correspondence is reviewed upon receipt and afforded appropriate scrutiny to

Determine whether the case identified in the correspondence is a case on remand from this Court,

That is, acknowledged and treated by VA as one on remand from this Court and is on an appropriate

Track for compliance with the remand order
 

The court has been aware of the board doing this to veterans.

 

When the board change your docket number in a cavc remand it not legal.

 

This is why some veterans wait years to get a bva decision after a cavc remand.

They remove it from the cavc remand docket and treated it as a new appeal.

I am just waiting on the court to rule on my petition for extraordinary relief.

I also ask the court to sanction the veterans affairs for not tracking the court remand. And change the appeal from legacy to the new appeal system.

When I never requested it.

I might get a lawyer after the petition is denied but there is nothing he could do different.

I will wait year for a decision on a us court of veterans appeal remand.

Because I am now 100000 in line for the one issue. And my appeal date is change to a 2021 date. Smh

Other is in the new appeal system with a new 2021 date.

 

Do u no how long I will be waiting for a bva decision because of there errors. Smh 

 I will take this all the way to the federal court system.

I got wait years anyway if they don't fix it.

 

 

[Mr cue]

Man this is really crazy now my remand has been send to lhi.

This is 4 5 month if the va trying to get a bogus opinion put in my record.

Now I have to wait for this place to call and say I need to come for a exam I will refuse again.

I just wish they would denied it.

 

They are using this remand not to address smc o and r which was remand by court.

Crazy part this is loss of use under smc benfits.

Which is based on my record and effective by it.

The board is try to tell these medical opinion places to address it and they will not.

So I am in a hamster wheel with the medical opinion ppl.

 

I still have hope the petition for extraordinary relief still is with the judge..

I really think I got a valid petition..

There is no way a veteran appeals all the way to court..then start over a whole new appeal process with new docket number 

Court reverse and set a side my effective dates.

And the board remand the same effective dates the court set a side to be granted in the first instance.

Then made me do a new nod

 that was used to remove the issue from the cavc remand docket and my hardship status

To a new appeal with a 2021 docket number and told I have to request for it to be expidate again.

 

Then the droc took the new va from 9 I was told to do. On the issue the court reverse.

And remove it from the cavc remand docket and turn it in to a new 2021 appeal..

Then put in the system I requested a video hearing.

I never check the box for a hearing on the va form 9 I never check the opt in box on the nod.

So now I sit here with my cavc remand issues

One 100000 in line with a new 2021 appeal date.

One in the new appeal system with a 2021 date under direct review.

And the other issues been bound around for 5 month.

All this because I apply for smc benfits. Lol.

 

 

 

[john999]

Mr. Cue

 

                 Maybe you ought to call Alex who is an expert in SMC claims.  He is here on the board and also has his own website .  I don't think it is so smart to refuse exams.   I know you are frustrated but refusal gives VA an excuse to delay and deny claims.  I know they are screwing with you but VA screws with all who are claiming big retro.  When I filed my CUE the VA delayed it for 6 years and I lost in the end.  I had a very good lawyer and we still lost.

[Mr cue]

Lol so now I get a robot call tell me my exam is in Niagara falls 45 min away. Nov 15 and lhi has it as a in person not the ace exam which is what is to be done

I am so done with this process. Man the va has a new way to hold up claims.

This new private company comp exam.

Ppl are get 3 4 exam for the same think now I wait until Nov. For them to cancel this exam again.

This has nothing to do with a lawyer this is the Board has a bogus remand read it.

I been all way to court pro se with muy case. Court order reversal and set a side and remand my effective dates.

Not I am fighting the board because they are volating the court order.

Ppl there are laws the board has to follow when dealing with a court remand.

They can hold the remand all they want I will be doing a new petition in Dec. If they don't get it right.

The va has been shopping for a unfavorable medical opinion since June. 

4 place will not do it now they are at this place lhi trying to get one again.

If this get to the court it will be vacated.

So my fight continues to even get the cavc remand order address.

I fought many years ago for my 8 years retro tdiu. 1993-2001. An won pro se.

It posted on hadit. Under my old name yulooking.

 

 

[Mr cue]

Oh and asknod or Alex is great I have been using his info for years.

His purple book is great it help me understand docketing of appeals.

And how cavc remand are to be handle.

I will tell any veteran to read it get the info for yourself so you can understand the process.

And his book is great