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]

It just make me mad that I have to go always to the court before the va address anything.

To me put a password on veterans record at the court. Make no sense.

But the record you give the lawyer doesn't have one. Smh

The letter say this is to protect veterans.  Yea ok

 

This is just a new hurdle that veterans appealing to the court will have to go through.

An there already pro SE at the court against the VA machine.

I really just be venting and posting for the next veteran who might fight there case pro SE.

Like I say this is my first time at the court pro SE.

I was just there January of 2021.

I won the remand and the set a side order and a reversal on the case.

I did pro SE.

It's just that do to there error which they don't want to address of handling a cavc remand order from January 2021.

From last year.

I now have 3 4 different appeal going at the court at the same time.

Over one court remand

3 different cases for smc benfits.

And the reversal on mental health.

All remand by the court last year together.

And now they are 4 different appeal with different docket numbers.

Due to there errors.

Ok if you are treating every smc benfits as a claim. How can they get it right.

Or me get a proper decision or rate it right.

I am be granted each smc first it was smc s next smc l now I am smc l and half but I can't tell yet

I think I am smc m. Lol.

I got wait to see what they are pay me to get that right.

I am not complaining. I am thankful.

But this should be addressed or inferred a long time ago.

And now I am be give a new stage smc  every six months to a year after I fight.

Just crazy  but it is what it is

 

 

 

 

[Mr cue]

Well the petition for extraordinary relief was just denied by the panel.

I can now take it to federal court.

I want to fight this changing of docket numbers.

The court didn't address it if I appeal to the federal court they are either address the law on this.

Or remand back to the court to address it.

I am just really burn out I have these other 3 case at the court they have rule in if they are going to consolidate them back together yet.

I think I am just going to let the petition go.

The court is basing that my petition is moot.

Because I got all my decision from the board.

So they aren't addressing the errors.

So I can bring them up in my court case.

So that is what I will do I can't fight a federal court case 3 different cavc cases all at the same time.

I could but I will stick to the 3 cavc case an bring the docket number thing up at the court.

They will have to address it.

[broncovet]

You posted:

Quote

I think I am just going to let the petition go.

Good idea.  You are not gonna really want to "make the VA change their process", fighting them on the consolidation of cases.  Or, at least I would not.  

[Mr cue]

15 minutes ago, broncovet said:

You are not gonna really want to "make the VA change their process

We're is it said a veteran has to do a new form 9 or nod after a cavc remand or bva remand.

There is one it call a maclin appeal.

But the veterans affairs is make veterans do new VA form 9 and nods.

After cavc remand and bva remands.

If you do a new nod or form 9 it start a new appeal process.

You just lost years on appeal.

That why ppl end up with these crazy effective dates when they gave been fighting the case for years.

Yes I would like to be the veteran who pull the plug on this but I got smc benfits I really need at this point in my life.

So that is more important to me right now.

I am just pointing it out so other can look at there cavc remand and bva remands.

An see if there remand docket number has change.

After the regional office made you do a new form 9 or nod.

[8th&IMarine]

Seems a remand should be just that...remanded. No reason you should have to file a new Form 9 or NOD and be put at the back of the line. If the remanded decision is unfavorable and you file a NOD, you should be moved to the front of the line and not have to start over with the lengthy process. 

[Mr cue]

I just did my brief to the court explain this.

And the other stuff.

I can't see how this would be legal I no I am not the only veteran they do this to.

By them making me do a new nod and form 9 they removed 4 years from the appeal.

One is treated as a new 2021 appeal.

The other treated as a new appeal in the new ama system.

Crazy part I Never check the box for it to be removed from legacy appeal.

An this is a cavc remand been treated this way. Smh

An still not one person will even address it.

But the fight continues and my brief is put in now the the veterans affairs has 20 days to put in there brief.

They will try and ask the court to extend time to file the brief.

I will file a motion opposing there extended.

The court will give them a extra 20-30 day to get there brief in.

I hate it I am pro SE they have 100000 VA lawyers an they need more time smh

So I guess I will have this case done by june july.

I got one case for the effective dates for smc s and l.

The Howell v Nicholson percendent.

I have a pro Bono lawyer who is to handle a phone conference with the veterans affairs.

He just email me and will get to me next week I email him the issues I want address.

So we will see how this goes I like the fact that he has a frim and they only do VA claims.

So maybe he will be able to help.

Getting this all remand faster back to the board for a proper decision.

So I have a few things in the works on all this.

Plus I am waiting on the court to rule on consolidating all this back with the court January 2021 docket.

So yes somebody will be addressing all this sooner or later.