I would never tell a veteran not to go to a exam

[Mr cue]

Ok let me start here u should go to any exam the va orders. 

Now are there times when the va is just ordering exam for no reason. Yes.

I am not just stating this

 the va inspector general has done reports on this.

Now let get to the my belief and the law I feel backs it up.

I am only base this on smc benfits and if you have a Cavc remand

I will use my case.

I apply for smc benfits and the va order 5 different exam loss of use and increase exam and a@a exams

Then they defer it two times.

I withdraw the increase rating at the hearing with the dro.

On appeal I was send to 3 more exams and even a specialized loss of use exam.

I was granted smc l from when I apply for smc benfits.

I continue the appeal to the court.

It was remand to address smc r and o and the effective dates of smc s and l because the va  never address any time period before I apply.

Ok let look at smc benfits laws

b. Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity

 

 

• rests with the rating activity, and

• cannot be delegated to the examining physician.

Ok so based on this the rater is to make the determination not the examiner.

So the rater should use your record to make this determination.

Ok in my case the bva judge denied my 25 years of evidence and my specialize loss of use exam.

Because the examiner didn't state i have loss of use.

Here is the law

Do not request that the examiner

 

 

• determine LOU, or

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities

Ok there not following the law and ordering unnecessary comp exam.

Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.

I had the specialize exam.

Ok so they didn't accept the specialize exam because it was favorable.

Ok here is more laws for veterans.

 

Exercise considerable care when requesting examinations in connection with claims involving SMC under 38 U.S.C. 1114(1) through (n).

I had over 8 comp exam for smc and the specialize exam.

I guess that would not be call considerable care.

Ok after the court remand it I wasn't going to anymore exams.

Why because of this.

Someiano 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)

Adam 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.”

And the bva judge still remand it for a medical opinion.

Now should a veteran press the issue about all these exam I say yes

But some say just let the va do what they feel and hope for the best.

I am not from that school.

Ok now that we got that part.

Let look at ordering increase rating exam when a veteran apply for smc.

Medical providers within or outside of VA may complete VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance, to provide evidence that a claimant is in need of aid and attendance (A&A) and/or housebound benefits.

 

 

Notes:

• Statements by medical providers on VA Form 21-2680 which meet the requirements of 38 CFR 3.326(b) and 38 CFR 3.159(a)(1) are acceptable for rating purposes.

• Statements by medical providers or other clinical evidence contained in the VA Form 21-2680 may be accepted as a claim for increased evaluation for an existing SC disability if worsening of the disability is shown.

Ok I see may be used  as a increase rating if the disability worse.

For an increase rating.

Now if a veteran disabled can't get an increase any higher or does want and increase of his rating claim.

Or feel they may play with his rating or whatever reason.

Can he withdraw it. And the va still have to process the smc benfits.

Yes.

Now I am 25 year protected so yes I refuse exams.

I have a 25 year record over 6 bva decisions and two court cases.

That are part of my record.

Use that.

I post this and hope it can help others understand.

The law

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[pacmanx1]

The bottom-line of it all is that while this game is being played you suffer without the benefits and that you may never get the benefits you seek.

 

[Mr cue]

Ok let me start like this I was granted 10% from service I was in the hands of a vso I was 23 I did understand va benfits

I did a claim 8 years later and was granted 60%tdiu. 

So I find out about how to cue a old decision from hadit I did it.

Find out the regional office never cretifed my appeal to the board. It sat for 8 years.

Now I ask you I had a new vso and there was a dro on my case when I was granted the tdiu.

But No one seen this or did they think I would go a way?

So now I do my own thing I have trust issues lol.

An I have been go at it.

I am now 25 year tdiu protect 

I now get regular aid attendance smc l.

And I have a court order to address smc r and o and to address my effective dates for smc s and l.

The Howell v Nicholson percendent.

Now am I in for a fight to get my benfits yes.

I fought for 4 year to get my retro of 8 years tdiu all the way to the court and back. By my self

Now I am fighting for the smc benfits I should have gotten also back than.

After all these years I understand the va I believe.

Just like when the judge order that I do a new form 9 to continue my appeal to the board.

It a cavc remand

I understood they was going to take it and remove my issues from the cavc remand docket.

And they did and put it 100000 in line.

I did the petition I got the Decision.

They made me do a new nod for the effective dates.

They just when over board.

They remove them from the cavc remand docket and the legacy appeal system.

And Process them in the new ama appeal system. I just got the decision. It was also at the end of appeal line.

So I have made a lot of way I just be venting lol.

So no I choose not to also have to fight a bogus medical opinion to.

That the set up they have nothing else to use.

I be posting for veterans who may have to or choose to go about it on there own.

I did the same thing for the fight for tdiu under yulooking on hadit.

And it help other understand.

Pending appeals.

Ok I am done  venting.

I send off the motion to  advance my case at the court again.

So I wait.

 

 

 

 

 

 

[Mr cue]

Last thing this the case I based my petition for extraordinary relief on.

I even ask for the va to be sanction for the handling of the cavc remand order.

It been going on since July.

I am waiting on the judge to rule.

I got a lot going on lol

GENE S. GROVES, PETITIONER,
V.
ROBERT A. MCDONALD,
SECRETARY OF VETERANS AFFAIRS, RESPONDENT.

It a good read may help