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Bad day at the court. Smh


Mr cue

Question

I really need to vent.

Well I seen it coming when this new lawyer was put on my case.

Ok the record was serve to the lawyer yesterday.

I get a call I don't see any issue with the rating for the adjustment disorder.

You have tdiu and smc there is no need to fight for the 100 based on the adjustment.

Lol.

Next he withdraw fromy case and I don't have my phone record.

My brief is do in 18 days 

I got to put a motion in for a 10 day extension do to this.

Told the pro Bono program need to send me the record an they have to be removed.

Call they tell me they are working on it.

But my 18 days is running.

This is why I did want to us this place.

They make you sign them on your case before they talk to the veteran on even see the record.

I am so mad it will get fix be I don't feel like go threw more issues.

I should of stuck to my guns.

Oh a the petition for extraordinary relief was rule as moot.

Because they made this decisions I am appeal to court.

New lawyer tell me u lose your case with the petition. Smh I didn't even have the time or patience to deal with him.

I don't even have a problem doing The brief in 10 days.

I no my case I no my record and understand where everything is in my record.

I just used it last year to get the court to.

Reverse the adjustment disorder.

An To set a side the effective dates for smc s and l that were granted by the board.

Also to get the remand for smc o and r and loss of use under smc benfits.

It's not a real problem I am just tried of all these road blocks.

Be I made this ok e by using the program when I no better.

 

 

 

 

 

 

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Heh sir, Hang in there you got a lot of positives going on even though the lawyer was useless.  I hate when that happens, IMO a good lawyer is sometimes hard to find, all that I have had in my dealings with VA, Federals Workers Comp were, lets just say less than desirable and I'll leave it that.  

You know your case, you know your claims, you have a pretty good head on the shoulders, and you have at least it appears you very much have your wits about you still.  Hang in there.  You can do this.  The law and regulations will back you and you have the medical evidence to reaffirm your eligibility for benefits. You know your records inside and out.  I know that it is difficult but stay your course and good hunting.  Breathe.

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Well my phone calls yesterday got things moving

My record is been over night to me I should get it tomorrow or next day.

The lawyers are all off the case.

I will be put in the motion for the pro se telephone conference to. Be back on this case.

So I ain't lose a step I feel better lol

I post my journey to help others and to let them no if you don't find a lawyer to take your case at the cavc.

It can be done pro se.

 

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8 minutes ago, ArNG11 said:

You know your records inside and out

You sure are tell the Truth.

One box from 2001 fight for tdiu 

One box from 2012 fight for 8 year retro extra schedulers.

I have a disk from last year fight at the court that got all this remand.

Lol  so yea it is not a problem for me to look a add the rba pages.

Record of the agency pages to my. Brief.

I would like to point out the court is about law not how the evidence was used.

I will post my brief when I get done with it to show how I do it.

And it seem to work.

 

 

 

IMG_20220208_112124153.jpg

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You are correct, there is that BIG difference, at the CAVC it is all about the law, the BVA is to make sure the VA interprets the law and the VA well lets flip a coin, shall we on what they do.  I'm recalling I think I had it explained similarly by AskNOD, I'll have to look back at some conversations or maybe it was in his book, I really can't recall.   Either way your statements are right on point.  

Geesh I hope I don't have to go that route because I am about spent but reading about folks that do pro se at the CAVC man, for me it lites the fire again when I think mine is about to go out.  

 

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Yes it is a job itself but to tell the truth I enjoy it a little. Smh crazy

I don't like that the veterans affairs can just blow off the law until you get to the court.

But by the time I get to the court I understand the in and out for my cases tho.

When I had the pending appeal in appeal status from 1993. 2004

Everbody tho I was crazy even lawyers.

But I won 8 years tdiu retro and the court let the va stage rated me 1993-2001 40%

Could of fought a dro decision is a appeal decision so when I was granted 60% by the dro 2001 it made the pending appeal final from 1993.

There is no stage rating the law.

 

But I was stress out by then I let it go. I got the extra schedulers tdiu pt rating. From 1993-2001 it was over.

Well I never understood that there were smc benfits to address back than.

Hadit show me what smc benfits are. I apply because they were never inferred in my 25 year history and record.

The va lose it mine.

They granted smc benfits but effective only from the time I apply 2018.

 

And the fight was on lol

If I get the telephone conference this can be over this month.

If not it will be over in like 4 months.

I am pushing for the month lol.

Crazy part I have 3 different va lawyers on my case an not one will speak to me. Lol.

A veteran get no commcation with anyone through the whole claim process.

A veteran now has no commcation with the board anymore.

An if the court don't order the telephone conference for pro se veterans they can't communicate with the lawyer on there case.

I can not wait to come out of this system and relax.

Because it is only getting harder on.the veteran.

My opinion.

Had to vent why I take a break from doing these briefs and summary of the issues I would like addressed in the telephone conference.

Last the court and pro Bono program pick a lawyer to handle the cavc telephone conference.

But from what I understand they address my summary of the issues.

New program. I will let everyone no how it go.

O yea I did the motion for reconsideration fo my petition for extraordinary relief today.

I might be fighting my first case at the federal court soon. Lol 

I will be a lawyer when I am finish with all this.

3 cavc appeal under my belt all remand.

Working on 3 more smh

An next a federal court case 

I need a life after all this ok I am done lol

 

 

 

 

 

 

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I went to the Court after being in VARO and BVA for a TDIU retro claim going back to 1972.  I had good lawyers and I still lost so you did good.  I don't have much faith in the Court especially on a CUE.  My claim was so obvious but with all the technical BS they got over on me.  I was in the position of trying to prove a negative.  I was in position of trying to show VA did not consider all my evidence back in 1973.  It was impossible as I found out.

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