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.

 

 

 

 

 

 

[Mr cue]

19 minutes ago, john999 said:

Maybe you ought to get AskNod

I spoke with him he has a lot of cases.

He a one man show I think he told me that.

It's really not about a lawyer Its about somebody addressing my case properly.

Last time I got the remand at the court but they didn't address the Howell v Nicholson in my case.

Just set a side the effective dates granted.

Thinking the board would address the case I will not go for it this time.

[Mr cue]

Well I guess it wasn't all bad I got these nice dog tags with a flash drive with my record on it.

That was nice. Lol seeing as they drop me 18 days before my brief is do. Smh.

Well I am just happy to get the record and start adding my pages to the briefs.

5130 pages it will be a long week.

Guess I try and do both the mental health and smc brief.

I might have the change the pages a little when the record come for the smc benfits.

But I will be in the area of the record by just listing the pages.

Ok I am done lol lot of homework to do

 

 

 

[john999]

I think VA treats SMC claims like they claims for big retro.  They just fight it and fight it until the vet dies or gives up in disgust.  You just have to keep fighting as long as you think it is worth the effort.  I had a CUE claim and they fought me for 6 years until the Court finally stuck it to me and my lawyer quit.  when you do win the SMC we will celebrate with you.

[Mr cue]

Smh this is crazy I just look over the record 3 times.

I apply for the adjustment disorder 2001.

It was defer 9/4/03

I don't see anything else not the denail nothing smh

So I look on the rating decision that granted it 2018.

An it state the original denial was done 3/22/04. So they understood it was effective dates issues. Smh

Ok I reopen the claim with new service records.

The effective date is the later by law.

Crazy part I believe it has remaining pending all this time I don't see the decision denied it. 

 

The buffalo ny regional office really was crap back than

They left my other issue I'm appeal status that how I got the 8 year retro

I will try posting some of the thing I be talking about like the 5 time they ask to reduce my rating as I been fighting for smc benfits.

Each time told I am 25 year protected.

That why I wait for this fight because I wasn't going to be fighting for my rating and the big retro.

Ok I am done venting for the night lol

 

Now I got to do motion disputing the record and ask the court to make the va provide the decision and for it to be put in to the record to the court

I really don't think they every gave me one 

It is still pending I believe.

We will see so if they can provide it.

It was like 5-6 issues that got defer when they granted me tdiu.

I think the 8 year retro made them forget about the other 5-6 issues they deferred. Lol.

This is going to be good

 

All most done with this brief.

 

 

[Mr cue]

Smh this is the crazy fight.

Now I got to fight with the clerk to put motion in in my case.

I just send the the dispute of the record. You have 14 days to dispute the record.

The denail from 2004 is in the record.

This will show that this issue and 5 other were left pending again but the buffalo ny regional office.

This clerk will not put my dispute into the court.

Evertime I send something I have to call the supviser to have it put in.

I take ever bit of two seconds.

So now I am down 4-5 days of the 14 because the record was send to the lawyer than me and now I lost one day with the clerk.

My patience is really low with this clerk.

But I not going to let someone throw me off the fight.

The fight is with the va.

So if the clerk want me to have to call there supviser evertime she don't put something in. So be it smh.

Just venting again.

This case should be remand quick

 

 

 

[Mr cue]

Up date lol.

I call the supviser an the dispute was put in.

Now I wait to see how the VA is going to answer this one.

They wrote on the granted the original decision was 3/22/04.

There was no decision made and there is no decision with that date which is part of the record.

What they did was take a statement that I send because they were holding my retro for my tdiu grant.

Now before I say my statement.

They deffer this for 3 years.

I wrote I don't have any appeals and I would like my retro process.

They withdraw the mental health and 4 other issues.

And ppl ask why I don't have no trust in the va