Va asking for more time to response to my petition

[Mr cue]

I am so pissed 

I just had to oppose the va request for more time to respond to my petition.

The court gave them 30 day now the lawyer is asking for more time to get a response from bva and ro about my cavc remand.

If it was in the va system still as a cavc remand they shouldn't have a issue address them.

I just oppose them asking for 15 days lets see what the court say.

Crazy part I was just told there was a admin strive error made by put my effective dates under a new docket under ama.

But they still haven't send them back to the judge tho.

This is a crazy process this time for real.

 

[Mr cue]

Well at least the court will let me respond to there response.

I have a feel they are going to come with some basic response.

So I motion the court to respond.

The fight continues

 

Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
On July 6, 2021, self-represented veteran filed a petition for extraordinary 
relief in the nature of a writ of mandamus. Mr.asserts that a writ of mandamus is necessary 
to compel VA to act on his claims remanded by the Court in January 2021. Petition at 1; see
v. McDonough, No. 20-4110, 2021 WL 485865 (Jan. 29, 2021). 
On July 13, 2021, the Court ordered the Secretary to respond to the allegations in Mr.
 petition. On August 11, 2021, the Court granted the Secretary's request for an extension
of time until August 27, 2021, to file the response.
On August 23, 2021, Mr.  filed what the Court construes as a motion for leave to file
a reply to the Secretary's response. Mr.  requested that he be allowed seven days to reply to
the Secretary's response. The Court will grant his motion.
Upon consideration of the foregoing, it is
ORDERED that Mr.  motion for leave to file a reply to the Secretary's response is
granted, and the reply is due 7 days after the date the Secretary files the response.

[Mr cue]

Well last night around 9 the va response was put in with the court.

The bva didn't respond the droc did. Smh my case was remand to bva by court not the droc in dc.

The va lawyer state they haven't received a response from the board on any of this smh

It's long once I am able to redact it I will post.

It's a lot of bogus statement even told the court it is ok to change my docket.

And make me start over a whole new appeal process. For a cavc remand. Never stated what law allow this tho

I will post it soon.

Last they put it in on the 26 late at night I guess there think I will respond next Fri. And miss the 7 day deadline to reply

Nope all ready had it type up and put my response in this morning to court.

Well let see what the court say about all this

If they don't address this I am in a whole new appeal process for a cavc remand. Smh this is not legal.

I will be waiting years for a cavc remand to be addressed.

When they are to be return to front of line. By law This is crazy.

 

 

 

 

[Mr cue]

Well I am not about to try a redacted 90 pages of nothing.

Here is the most important parts and may help other.

 

Pursuant to the U.S. Vet. App. Rule (R.) 21(b) and the order of this Court,

dated July 13, 2021, Respondent, Denis McDonough, Secretary of Veterans

Affairs (Secretary or Respondent), hereby responds1 to the petition for a writ of

mandamus for extraordinary relief and advises the Court of action undertaken by

VA regarding efforts to adjudicate Petitioner’s VA claims. For the reasons set

forth below, the Court should dismiss that part of the Petition that seeks to

compel VA to adjudicate his claims following this Court’s January 2021 decision,

and deny the part that alleges undue delay in adjudicating those claims.

1 On August 9, 2021, the Secretary sought more information as to Petitioner’s

claims from the Board of Appeals for Veterans’ Claims (Board) but has not yet

received a formal response. Once the Secretary receives that information, the

undersigned will move this Court to grant leave to submit a supplemental

response as to any additional actions that the Board has taken since the Court’s

January 2021 decision.

Ok so the court remand the issue to bva and bva don't have to answer the petition or the court order.  

If the court don't address this I will be at the federal court. Let a veteran miss a court order timeline. You case is dismissed. Va win.

 

As noted earlier, the Secretary awaits a formal response from the Board as it

relates to this issue’s place on the Board’s docket. Once the Secretary receives

that information, the undersigned will move this Court to grant leave to submit a

supplemental response as to any action that the Board has taken on this issue

since this Court’s January 2021 decision.

3 The Secretary notes that Petitioner takes exception with the need to file a notice

of disagreement (NOD) to the May 2021 rating decision which assigned, in the

first instance, the effective dates for SMC at the housebound and Aid and

Attendance rates. See generally (Pet.). However, because the assignment of

the effective dates is a downstream issue, the issuance of a rating decision was

appropriate; any challenge to the effective dates assigned requires a new NOD.

See Holland v. Gober, 10 Vet.App. 433, 436 (1997); see also 38 U.S.C. §§

7266(a)(1), 7105(b)(1).

They are really acting like it ok the bva didn't respond to the court order.

Well my whole petition is about the bva volating  the cavc remand order and change my docket so it no longer under the cavc remand and given expidate treatment. 

And the va lawyer is really acting like it ok they didn't respond to the court. The court even grant and extre two week and they still didn't respond. Smh

 

Ok guys if the bva had a good reason for all this u think they would have respond to court.

The va is just hoping the court dismissed my petition.

I have never seen a case we're the ro and bva did respond.

Well we will see what the court say.

I have already put in my response.

It's in the judge hands..

 

 

 

 

 

 

[pawmbi]

I'm just jumping on this thread so forgive me if I respond to something you have done...

Just reading what you submitted from the VA...my response (keeping it simple and not 90 pages) would be:

1. Continued delay causes an undue hardship on the veteran (put in terms of your claim and getting the medical attention you need if you can)

2. The VA is holder of information.  The Secretary seems to be trying to put the delay off on another mode of the VA but you just need to remind the court that they are all one big VA, and if the office cannot compel another to respond in a timely manner to not delay a case, then such is not the fault of the Veteran.  Undue delays at the behest of the Agency in control of the information puts the Veteran in a position to remain and continue to be under the dominion and control of the responding agency....something like that.  If that makes sense..