Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Today was a good day at the cavc


Mr cue

Question

No I didn't win my case yet.

But there was good news.

Well I put in my appeal to the court.

I ask to have my case advance again and to have a pro se telephone conference with the court and the va lawyer and a lawyer from the pro Bono program.

The lawyer is not handling the case for the smc benfits but he will be appointed by the court and pro Bono program just for the telephone conference.

It a new thing at the court for pro se veterans.

Thought I would put it out there in case a veteran feels or have to do there appeal to court pro se.

Last thing the crazy part the judge is judge Bartley again.

The same judge that my petition for extraordinary relief has been in her chamber for two months.

Well I ask for the va to be sanction.

I found a cavc case were the court was going to sanction the veterans affairs for mishandling of a cavc remand.

Ok I am done but this is good news to me.

 

 

On December 6, 2021, self-represented veteran  filed a Notice of Appeal (NOA) purporting to appeal a November 23, 2021, decision of the Board of Veterans' Appeals (Board) that denied entitlement to effective dates before May 9, 2018, for the grant of special monthly compensation (SMC) based on housebound criteria and June 11, 2018, for the grant of SMC based on aid and attendance criteria.  On December 21, 2021, Mr. filed correspondence that he characterized as a motion to expedite proceedings under Rule 47 of the Court's Rules of Practice and Procedure (Rules) and for the Court assist him in securing representation for a Rule 33 conference.  Under Rule 27(e), except as under limited circumstances not at issue here, "no more than one subject may be addressed in any nondispositive motion."  However, the Court, mindful that  is unrepresented in this matter, will construe his December 2021 motion as one seeking only to expedite proceedings.    To that end, this matter was previously before the Court in v. Tran, No. 20-4110, 2021 WL 485865 (Vet. App. Jan. 29, 2021), and those proceedings were expedited under Rule 47(a)(3), based on Mr. s serious health condition.  Because there is no indication that Mr.  health has improved, the Court will grant his motion to expedite proceedings in accordance with Rule 47(a)(3).  As for Mr. request for representation for the limited purpose of a Rule 33 conference, he will have the opportunity to opt into The Veterans Consortium Pro Bono Program Rule 33 pilot program at a later stage in the proceedings; further information will be sent to him when he receives the notice to file his brief.    

 

 

Well this made my day I will not be waiting a year for my appeal to be done at the court.

An now the lawyers will have to address my Howell v Nicholson percendent.

Not been able to leave my home to make a income.

Housebound by fact smc s back to 1993.

Smc l back to 2001.

Loss of use under smc benfits from 1993.

 

This is great they can no longer duck and dodge. The issue.

The fight continues but it is coming to a end.

Last it call fighting the veterans affairs with the law

  • Like 1
  • Thanks 2
Link to comment
Share on other sites

Recommended Posts

  • 0

Ok smh I forgot that I will have to get the  brief to the court done by the Feb 19 th.

I have to make a 5 page brief for the telephone conference.

With my issues to be addressed.

This is how you get a joint Remand if the lawyers agree and I don't have to fight the case.

Thanks to hadit I will just go back to all the old post in smc benfits and use the law to write it up

That why I love hadit.

Many ask why is he doing this pro se because I have been fight my cases at the court bva vs for over 20 year 

By my self so who understand it better than me and what and why I am fighting and the law I believe apply in my case.

This isn't for everyone but many here I believe and it is my opinion.

Have more knowledge that alot of lawyers that might have started doing veterans appeals to the court in the last 3 4 years

I have never seen a lawyer put in to have a case advance at cavc.

Ok I am done I can go on an on.

Last my rba the record before the agency is do on my doorsteps by Feb 9.

So I will be get a new copy of my record and will see what and why they did this to my cavc remand.

An how the errors started.

 

 

 

  • Thanks 2
  • Good One 1
Link to comment
Share on other sites

  • 0
14 hours ago, Mr cue said:

The lawyer is not handling the case for the smc benfits but he will be appointed by the court and pro Bono program just for the telephone conference.

It a new thing at the court for pro se veterans

Wow that is good news.

 

14 hours ago, Mr cue said:

Last thing the crazy part the judge is judge Bartley again.

The same judge that my petition for extraordinary relief has been in her chamber for two months.

Well I ask for the va to be sanction.

I found a cavc case were the court was going to sanction the veterans affairs for mishandling of a cavc remand.

Ok I am done but this is good news to me.

 

Wow. Your perseverance, and the gains you've made, are encouraging.  I am storing important posts like yours by reacting with the Thanks trophy so I can easily find the trophies in my activity profile. Thanks for keeping us updated.

  • Thanks 1
Link to comment
Share on other sites

  • 0
12 hours ago, Mr cue said:

Ok smh I forgot that I will have to get the  brief to the court done by the Feb 19 th.

I have to make a 5 page brief for the telephone conference.

With my issues to be addressed.

This is how you get a joint Remand if the lawyers agree and I don't have to fight the case.

Wow. Good to know.

 

12 hours ago, Mr cue said:

Many ask why is he doing this pro se because I have been fight my cases at the court bva vs for over 20 year 

By my self so who understand it better than me and what and why I am fighting and the law I believe apply in my case.

And even if an attorney is experienced, that attorney may have his attention divided too much and important details are overlooked.

I so hope you have your victory.

  • Like 1
Link to comment
Share on other sites

  • 0

Other than my rants and raves, Mr. Cue you are a contender that is for sure. Wow.   I really love this forum and the great folks I have had the pleasure to know, converse, and learn from.  I am truly grateful that everyone shares their successes in getting the VA to follow the law.  Makes me hope that eventually things will be made right for most and eventually all.  Keep fighting we will get there together.  Good day at the CAVC, reads more like a Great day, but that is just my two cents.

Link to comment
Share on other sites

  • 0

Well today the pro Bono put a lawyer on my adjustment disorder appeal to the court.

I am a little mad I got a lawyer who just started do cases at the cavc 2019. Smh

But This is a easy appeal so I will let him just handle this.

You can go on the cavc site and see how many case a lawyer is and has handle at the court.

This why I didn't put them on my smc Howell v Nicholson percendent issue.

You don't no what lawyer will be handling your case until they are on it.

Smh make no sense but okay

I refuse to let a lawyer that only been practicing at the cavc 3 years handle my case.

But I will withdraw him if he try and remove my case from been expidate. To prolong it

Period

Well at least everything is back moving again.

 

Still no answer on my petition for extraordinary relief.

I really can't understand that.

 

 

 

 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines