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Cavc remand smh


Mr cue

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This crazy so I get the ssoc for the smc o and r court remand. Nov.

I been trying to find out why it's not been return to the judge.

Here is a email I get today.

Thank you for your inquiry. Your appeal has been transferred to the Board.  The appeal is pending intake actions to receive and docket the appeal.  When your appeal is placed upon the Board’s docket, you will receive a notification letter from the Board. 

 

 

Ok now I have to wait for a cavc remand to be docket. Smh 

It already have a docket number it is to be return to the judge.

Man I am get frustrated with this you can't talk to anyone they just so whatever and process it than u are fight to get there errors fix.

This is on purpose.

 

Man I ask the court to sanction the department veterans affairs.

For there handling of a cavc remand 

 

Under Grove v.

It explains how a cavc remand should be handle and it's law.

Crazy part they advance my case again oct. Because of my need of higher level in home care.

But will not return the smc r and o to the judge for a decision.

Well guess this will be a new fight getting a Cavc remand return back to the judge.

I guess they are going change the cavc  docket to a new appeal again in the system.

 

Smh man if the court don't address all this in my petition.

I am now take the petition to federal court pro se.

I  am not just let all this go.

Find out the droc DC who did all this is the old appeal management place.

They just change the name.

These are there old tricks.

That had veterans waiting years to get a decision on a Cavc remand.

Do to doing things like this.

That why Grove vs address it at the court.

I ain't let this stuff go

 

 

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Good luck trying to fix the VA.  Trump couldnt.  Biden hasnt.  Congress tried.  None of the other presidents did.  

There are "secrets" in the VA:

1.  There isnt enough money to pay all the Veterans for disabilities.  

2.  Whenever congress gives VA more money, the VA finds a way to squander more, and give less to Vets.  Its actually pretty easy, there are contractors who are friends of politicans and they get mega contracts, collect money and do almost nothing.  Example is the VA's IT system.  Congress poured billions into it, multiple times, it remains unfixed, ebenefits is lousy, and VA.gov is ebenefits except with more glitches.  

3.  VA is a giant corruption machine, on purpose.  When someone helps with an election, they either get a high position in VA, or a big fat contract.  

4.  Trying to fix the above, is like trying to stop it from raining.  It stops when it stops, and we cant do much about it.  

5. To insure this corruption continues, VA has its own police force, the VAOIG.  Its the fox guarding the hen house, and the VA looks the other way when chickens and eggs disappear into corruption pockets.  

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Well I feel the problem is we the veteran don't fight errors hard enough.

There are two courts and you don't need a lawyer if you feel the va did something wrong.

There are laws and they must follow them.

If you don't press them on the law you will never stop them from volating it.

So yes if a cavc judge allow the board to change cavc remand order I will take it to federal court.

Lower court bva can not change a higher court cavc order.

Everbody understand that one.

If the court set a side something

And the board change it to granted in the first instance.

You are fight the same effective dates the court set a side.

Basically your appeal to the court was for nothing.

It ain't that hard to see.

Like I said my petition has been with the judge for a month.

The judge has order the va to respond two times.

It has been going on since July.

So like I said veterans have to fight.

 

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I said this a long time ago.

The more of us who make IG complaints on VA errors, the more likely that the problems will be taken seriously. The squeaky wheel will get the grease, just like a boatload of complaints to the IG will get their attention.

 

The IG is responsible for investigating complaints when the VA fails to follow the M21/CFR and USC. Much like the investigation the IG did in 2018 about unnecessary C&P exams that would have cost the US Taxpayer 10 million over 5 years, the accumulation of mistakes probably cost tax payers far more than that.

The inspector general (IG) is an independent, non-partisan organization established within each executive branch agency (including the VBA and VGA) assigned to audit the agency’s operation in order to discover and investigate cases of misconduct, waste, fraud and other abuse of government procedures occurring within the agency. 

 

The OIG ensures that the agency's operations are in compliance with the laws and general established policies of the government.

The IG is a tool and we should use that tool.

 

Edited by pwrslm
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I agree more veterans have to complain and not just say the va doesn't have to follow the law

Well anyway just like clock work the cavc remand for smc r and o was return to the judge today.

So now I guess this will be the 3rd decision I will have to appeal back to the court. Lol.

I can't believe a cavc remand was done like this and no one person address the errors. Smh.

Ok I got a decision that was process in the new appeal system I never opt out of legacy appeal. I could tell u what they used to do this.

The effective dates for smc.

I got one decision were they made me do a new form 9 to continue my appeal after the cavc remand.

They took it and remove the issue from the cavc remand docket and made it a new 2021 appeal.

And now I will have a decision on the smc o and r the only issues still under the cavc remand docket.

But I bet a 1000 lol that they remand it again. 

And not denied it.

So I can't appeal this back to the court and they see how they did the cavc remand. Maker my word.

I feel the denail on my petition will be next and the court will not address anything.

And let everything slide.

But I will not  and will not miss a date to appeal or any die line. 

The fight continues

 

 

 

 

 

 

 

 

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Well after sitting back a look at everything

I shouldn't be mad.

I got the adjustment disorder cavc remand from 100000 to a decision.

I got the effective dates with a decision when they were holding them month.

I got the smc o and r back at the judge. It no longer attached to the remand for loss of use and been comp exam shopped.

All done in 5 6 months I can complaint.

Then I got to think maybe it better that made me have 3 different appeal at the court. That mean each judge decision can only focus on that issue.

Might make it easier to do the appeal.

I don't think it right I don't see how a veteran apply for smc benfits.

And they try each level as a claim.

But anyway

And I still got a petition for extraordinary relief.

That I believe the court just doesn't want to granted.

And are going to denied it and act like my cavc remand has decisions now so there is no relief.

I see it coming.

But the thing with the court set a side the effective dates.

An the board changing the remand order to granted in the first instance.

I will take all the way to federal court.

Because if that the case that mean the board can change any veteran cavc remand order.

There is no reason to appeal to the court than.

Ok I am done lol 

Last thing I will be doing the cue 

After I get the decision for smc r and o.

And if they remand it again I will be doing a new petition for extraordinary relief.

Because how is the court the va the board all advance my case due to my need of higher level in home care.

But I can't get a decision in 4 years in it.

Even after a  the court remand it.

Ok I am done I am going to relax for the holidays and get right back at it for the new year.

 

 

 

 

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On 12/22/2021 at 7:52 AM, broncovet said:

Congress poured billions into it, multiple times, it remains unfixed, ebenefits is lousy, and VA.gov is ebenefits except with more glitches.  

What's really insulting is that VA could have hired a dozen programmers to code efficient software and saved hundreds of millions while retaining the power to adjust and fine tune the systems so they actually perform as they should. Instead, they hire 3rd party BS artists that "upgrade" stuff like vets.gov that drops a lot of accessibility to services and info that EBenefits had.

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