Just like clock work lol

[Mr cue]

Ok so just now the va put in there response to the court on my petition.

And just like I thought they are saying they made decision on my appeals once again.

Never addressing the change of my docket numbers. Which the court order them to address.

Here is the insert from the decision if you notice it doesn't state this is a remand from the cavc. 

 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2021 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  That rating decision effectuated a January 2020 Board decision that granted entitlement to special monthly compensation based on housebound criteria and aid and attendance criteria being met and assigned the respective effective dates.  

On his VA Form 10182, the Veteran elected the Direct Review docket.  Therefore, the Board may only consider the evidence of record at the time of the May 2021 rating decision on appeal.  38 C.F.R. § 20.301.  Effective Date of Special Monthly Compensation (SMC) The Veteran contends that he is entitled to special monthly compensation prior to May 9, 2018.  In this case, effective May 9, 2018, the Veteran was awarded SMC under 38 U.S.C. § 1114, subsection (s) based on statutory housebound requirements being satisfied.  Effective July 17, 2018, the Veteran was awarded SMC on the basis of aid and attendance under 38 U.S.C. § 1114, subsection (l). 

 

 

well I am just get ready to appeal to the court again because I believe the court is about to let this all stand.

and dismiss my petition in the next week or two.

think I might start the appeal to the court Friday I am try to wait on the last decision but the way I see it I will not get it until the 120 days to appeal these decision is almost over. 

smh

this make no sense.

 

 

[Mr cue]

man I put in a motion to respond to the va response a week ago.

Never address.

So I try to do it again now the clerk is tell me I am not doing it right.

Ok I been doing this for years ok I play the game.

First she like u need to electrically sign ok I never did that before ok.

This is all by email she will not return a call or call me. Ok 

So I ask her how do I do this.

No response for 2 hr.

She email me back I didn't no how I can explain this you any better.

I am like can I get a supviser to explain it.

No response.

Ok this was Wednesday nothing else

if my petition get dismissed and I don't get my response in I am going to be pissed.

I have never deal with a court clerk like this I ain't asking for legal advice.

THis has been on my  mind for the whole Thanksgiving.

If I don't get to somebody Monday I will just say xxxx it.

I can't even deal with  begging someone to do there job 

I am really mad I can't believe I get all the way to the end of my case and this clerk will not let me or show me what I got to do.

if I was the lawyer on a case she put there stuff in on that day.

fir my whole case I put in anything to the court it's 2 3 days.

I have fought at the court pro se 3 time won remand all 3 times.

this is not normally 

I will get the court to remand the case again 

It will be a year 6 month of court stuff.

remand again the hamster wheel

 

 

 

 

 

 

 

[Mr cue]

Last thing I am just venting.

So I look at my bva decisions since the court remand my case. 

Ok one judge remand everything to ro.

I get a ssoc one issues It go to a different judge who remand it.

I just had a different judge denied the effective dates and grant one month of smc l.

She also is denied my increase rating.

And I guess now I am waiting on another judge to rule o. The last to issues that are still under the cavc remand docket.

Now I might be wrong but I have never seen a cavc remand we're.

3 different judges make decisions on it.

This is what happens when they remove issues form the cavc remand docket number.

And treated your issue as new appeals.

Maybe the court will do the right thing and address this because it will be right back on there door step in 30 days.

 

 

 

[Rattler]

What are you trying to do? Get an earlier effective date? It sounds like you won.

"That rating decision effectuated a January 2020 Board decision that granted entitlement to special monthly compensation based on housebound criteria and aid and attendance criteria being met and assigned the respective effective dates. "

If you did not address the issue to the court it cannot answer it with a response. sometimes we veterans miss it because we get lost in the decision and don't see the real issues.

FYI

If you are trying to sign an electronic  pleading to a court it should look like this /s/ Mike Doe. (/s/ [Your Name]) The court clerk is probably not answering your question because they are not able to give legal advice. And he/she is  probably thinking you are asking a legal question.   

[Mr cue]

Well just got this take care of had to get to her supervisor

Told she is new and may not no pro se rules to court. Yea right .

i never had a problem I'm 3 different cavc case.

my response is in to the petition and I wait to see if the court address it.

I will be start the appeal back to the court Friday.

 

[Rattler]

The real question hear is do you want to get your ratings or do you want to be "right' on your opinion with the VA. If I failed to sign any court document as I described above the court clerk will kick them back to me. I don't care if it was state, VA, or federal court. 

[Mr cue]

Thank I got it take care of..

And I would never tell a veteran not to sign something to the veterans court.

I was showing veterans who have to go to the cavc pro se.

To make sure the clerk is put in your pleads. 

Everything is done by email like I said I have done 3 different court case pro se.

Never had that happen.

It all good now