Bad day at the court. Smh

[Mr cue]

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.

 

 

 

 

 

 

[ArNG11]

Hopefully it stays under 38 CFR because you loose a lot of rights and benefit of doubt doctrine under CUE, that is a whole other playing that I would try to avoid playing on, you loose a lot of leverage. You are correct though I did overlook that part and it is important.

This "but will not be earlier than the date of receipt of the supplemental claim." is what is an issue.  If you make the timelines through the appeal process then the effective date should be the earlier, when the original claim was submitted, maybe Im just not processing this correctly.  I think I have more reading and dissecting to do.  

[Mr cue]

26 minutes ago, ArNG11 said:

Hopefully it stays under 38 CFR because you loose a lot of rights and benefit of doubt doctrine

Well I just had a cavc remand and they remove it from legacy appeal.

An process it under the new ama system.

I never requested this. Smh. That a different story.

Well any way on the decision I got it say the benefit of the doubt doctrine does not apply in my case.

I never seen that before so u loss the benefit of doubt if your claim is process in the. New ama system.

This does seem right

I put this on my court case let see if the court address it.

 

[ArNG11]

Say what, what do they mean does not apply, legacy or new AMA process, the law doesn't suddenly change because of a different appeals process.  Whiskey Tango Foxtrot!

[Mr cue]

26 minutes ago, ArNG11 said:

Say what, what do they mean does not apply, legacy or new AMA process, the law doesn't suddenly change because of a different appeals process

It is on the bottom of my decision I even made a post about it.

There is no reason and base given on my decision.

I have never seen it on any decision before

[ArNG11]

Wow nuts!!! That's all I can say. 

[john999]

Maybe you ought to get AskNod on the case.  He is the expert on SMC.