Cavc remand

[Mr cue]

I don't no if the va has just hired new ppl or what but this process is crazy.

Ok I get the ssoc for my court remand Nov 16 2001.

The only two issues still under the remand is smc r and o.

They will not return it to the board again.

Now I am been told I am waiting for a cavc remand to be cretifed back to the board. Smh

Since when does a cavc remand had to be cretifed again to go back to the judge who remand it. Smh

 

So now once again I have no decision to appeal to the court.

I am going to have like Three different appeal go at the court over issues that were all together. And remand by the court together.

The petition for extraordinary relief has been going on since July.

And the court is just let them process my cavc remand like this.

They will not even rule on my petition.

Everything has been with the judge since November 3.

I just want them to give me the bva denail for the smc r and o.

So I can appeal everything back to the court together.

 

[broncovet]

You posted:

Quote

Now I am been told I am waiting for a cavc remand to be cretifed back to the board. Smh

Yep.  Under legacy appeals, your claim has to be "certified" to the BVA by the VARO.  (Certifying the appeal to the BVA has been eliminated in the newer AMA system, but you apparently opted to keep your claim in legacy appeals.  Otherwise you would not have an SSOC.  SOC or SSOC is under legacy only, the new system eliminates SOC/SSOC.  

You also posted:

Quote

They will not even rule on my petition.

Everything has been with the judge since November 3.

I just want them to give me the bva denail for the smc r and o.

So I can appeal everything back to the court together.

Like yourself, I do not like them taking "one" claim and slicing and dicing it into multiple, multiple appeals.  Its frustrating.  

Mine went something like:  

I applied for benefits.  The VA decided it was "hearing loss" only and denied it.  

So, I appealed to the BVA.  The BVA agreed with me, and ordered it Service connected.  So we are good, right? NOPE..still 15 more years of appeals to go!

The VARO decided "service connected" meant 0 percent.  Back to appeals.  They finally decided I deserved 40 percent, but at a bogus effective date.  So, I appeal the effective date. 

It gets worse.  Then I have to fight them for tdiu, and it goes on and on and on..for 15 more years..really.  I got benefits in 2019 that I applied for in 2002...17 years later.  

And this is not the exception, the VA loves to cut them into parts and make you keep going back and back and back again.  Over and over on a hamster wheel.  

We dont have to like it, but they are unlikely to change it much with a writ of mandamus. 

November, is actually "lightning fast" for the VA.  Mine usually takes months and months or years..for each and every "chunk" of appeals.  

[Mr cue]

Ok I am not trying to change anything.

I am trying to show veterans that it not legal. 

And they are to merger appeals together.

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 take action 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).  Among other things, Mr.  asserts that VA has improperly bifurcated the remanded claims by assigning a new docket number to his appeal of the evaluation assigned for his psychiatric disorder and that, as a result, the matter is not being treated expeditiously.  Petition at 5-6.  In a September 13, 2021, supplemental response, the Secretary explained that the claims were initially bifurcated because, due to administrative error, the psychiatric disorder claim was listed in the tracking system as in a different stage of the adjudication process and, therefore, could not be part of the appeal certified to the Board in a May 2021 VA Form 8.  Supplemental Response at 5.  As for whether the two appeal streams can be merged now that the error has been corrected, the Secretary included a declaration from the Board's Deputy Vice Chairman explaining that "[l]egacy appeal records can only be merged by the Board if they are actively assigned to the Board . . . at the same time."  Id., Appendix A at 3.  The Secretary's explanations address the question of why Mr.  psychiatric disorder claim was—and remains—bifurcated from the others remanded by the Court in January 2021.  However, it is unresponsive to Mr.  assertion that, by assigning a 2021 docket number, his appeal of that issue is not being treated expeditiously as it should be under 38 U.S.C. § 7112.  Compare id., Appendix B, Exhibit M (showing that Mr.  psychiatric disorder appeal is categorized as "Original" and assigned docket number 2100585), with id., Exhibit AA (showing that Mr.  increased SMC appeal is categorized as a "Court Remand" and assigned docket number 1909416).  The Secretary asserts that the psychiatric disorder claim "will be considered 

 

Edited December 14, 2021 by Mr cue
Personal stuff listed

[Mr cue]

according to its place on the docket," id. at 14, but has not explained what that place is or whether it reflects expeditious treatment based on the Court's January 2021 remand. Furthermore, Mr. asserts that all of these matters, both the psychiatric claims and the SMC issues, were advanced on the docket when they were first before the Board, but that postremand they are no longer in that status. See Petition at 1. The Secretary asserts that M has been notified how he can request that his appeals again be advanced on the docket, Supplemental Response at 5, but has not explained why, if VA had previously determined that advancement was warranted, the appeals did not remain in that status following the Court's remand. Consequently, the Court requires additional information from the Secretary. See U.S. VET. APP. R. 21(d). Upon consideration of the foregoing, it is ORDERED that the Secretary, within 10 days after the date of this order, file a supplemental response to the petition, addressing the specific allegations that Mr.  psychiatric disorder appeal is not being handled expeditiously and that none of his appeals have been advanced on the Board's docket. The Secretary should provide any documentation pertinent to the Court's resolution of this matter

[Mr cue]

Last it is my belief that the ro doesn't have to re cretifed a  remand from the board back to the board.

See if they would have merge veterans back together like they suppose to veterans.

Last when they try to. Break up your issues you end up with more than one judge working the cavc remand.

In my case I have 4 different bva judges who have made decision on my cavc remand.

That can only happen if the judge retire.

There are laws and veterans have to hold the veterans affairs feet to the fire.

 

 

Last there response to there errors 

Was to process my claim in different appeal system.

So now I wait to see if the court is going to let all this go.

 

 

[Buck52]

Mr CUE

So sorry your still up in the air with your claim/claims appeals,  I have been off hadit for quiet some time now and have not read all your post

Has anyone helped you with this on here? I know brocovet is good with appeals he has been there done that  also what about Alex Graham? or maybe CCK Attorneys  or HILL &PONTON ATTORNEYS

Maybe good if you can post REDACTED COPYS  on here the letters they  (VA) sends you  (black out your name and personal imformation claim #  ect,,,ect,,

''In my case I have 4 different bva judges who have made decision on my cavc remand.'' (and what was the decision ? and was it final?

 

you may already know this but

 After VA Completes the Remand Instructions? After the VA Regional Office completes the Board's remand instructions, it will issue a decision on the veteran's claim. If VA grants the claim, that's great! If VA continues to deny the veteran's claim, it will return the case to the Board.

QUOTE ''

Last there response to there errors 

''Was to process my claim in different appeal system. ''       WHAT STAGE OF THE  APPEAL SYSTEM IS THIS?

Mr cue  you must be still in the legacy system  to get the SOC or the suplmental SOC  ----THE AMA SYSTEM THESE ARE CALLED FACT SHEETS

On February 19, 2019, the Veterans Appeals Improvement and Modernization Act (AMA) was officially implemented, thus ending the Rapid Appeals Modernization Program and phasing out the Legacy appeals system. IN THE AMA SYSTEM THESE ARE CALLED FACT SHEETS  BASED FROM THE SOC or SSOC

''September 13, 2021, supplemental response, the Secretary explained that the claims were initially bifurcated because, due to administrative error, the psychiatric disorder claim was listed in the tracking system as in a different stage of the adjudication process and, therefore, could not be part of the appeal certified to the Board in a May 2021 VA Form 8.  Supplemental Response at 5. ''

(bi·fur·cate)

verb

past tense: bifurcated; past participle: bifurcated

/ˈbīfərˌkāt/

***''divide into two branches or forks.''****

"Bifurcation is a judge's ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings. 

 So the VA Secutary will maybe let the judge know how to adjuicate it.?? or which way to continue on the Hampster Wheel.

So they may have a back latch of Legacy Appeals they are working on and you must still be in the old system? (Legacy) IDK?

 so they must be branching off splitting your appeals  sounds like to me.

''So now I wait to see if the court is going to let all this go.''  do you mean deny? or approved?  ...>let all this go?

I don't mean to be mean or sound morbid  but

You need to demand a decision,I personally think their giving you the run-around and keep this in ligation until you pass.( JMO)

I AGREE WITH BRONCOVET he is right about what he is letting you know.

Edited December 14, 2021 by Buck52

[Mr cue]

7 hours ago, Mr cue said:

the Secretary explained that the claims were initially bifurcated because, due to administrative error, the psychiatric disorder claim was listed in the tracking system as in a different stage of the adjudication process and, therefore, could not be part of the appeal certified to the Board in a May 2021 VA Form 8.  Supplemental Response at 5.  As for whether the two appeal streams can be merged now that the error has been corrected, the Secretary included a declaration from the Board's Deputy Vice Chairman explaining that "[l]egacy appeal records can only be merged by the Board if they are actively assigned to the Board . . . at the same time."  Id., Appendix A at 3.  The Secretary's explanations address the question of why Mr.  psychiatric disorder claim was—and remains—bifurcated from the others remanded by the Court in January 2021.  However, it is unresponsive to Mr.  assertion that, by assigning a 2021 docket number, his appeal of that issue is not being treated expeditiously as it should be under 38 U.S.C. § 7112

I don't see how I can make it any

more clear.

This is from the judge on my petition I don't think the judge would tell the bva to respond to something that make no sense.

And there response was to process my cavc remand In different appeal system and give them new appeal dates.

So now I wait to see what the judge say.

I pass on the lawyer part

 I have never had any appeal court process take over 5 years.

All my cases are advance at the ro bva and the court.

Done by me.

The set a side order and reversal at the court was done by me.

Now will  the va follow the law that a different story.