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Response to my dispute of the record.


Mr cue

Question

Ok this is the games you play when you fight the VA.

Ok I apply for mental health 2001.

So I get the rba and there was never a appeal decision made that is in the record.

I understand that it remain pending in appeal status. An there is no final decision made way before I got the record.

I just want the VA to admit it.

That why I dispute the record.

Well here is there response to the court.

The undersigned reviewed Appellant’s RBA and electronic claims file in the Veterans’ Benefits Management System (VBMS) and could not locate a Rating Decision dated March 22, 2004, that mentioned a denial of Appellant’s claim of entitlement to service connection for depression.  The undersigned then requested the assistance of the appropriate Department of Veterans Affairs (VA) Regional Office (RO) official in an effort to obtain or otherwise account for such a Rating Decision. 
 The official subsequently responded and stated that Appellant’s “claim file was reviewed, and it was found that the March 22, 2004 Rating Decision did include information regarding [Appellant’s] depression. The body of the decision mentions that an appeal was pending for a cervical spine injury along with other conditions, to include depression secondary to neck condition.”  The information provided by the RO official corresponded with the March 22, 2004, Decision Review Officer (DRO) Decision.  As such, the Secretary submits that the March 22, 2004, DRO Decision is presumably the same document referred to as the “VA rating decision dated March 22, 2004” in the July 5, 2018, Rating Decision.  The undersigned notes that the March 22, 2004, DRO Decision is located in the RBA at R. at 2757-2761.  
 

Ok now am I crazy but the VA lawyer stated there was no final decision found in the record.

The ro stated that the  march decision stated that the mental health and 5 other issues were still in appeal status.

So we're is the final decision? Lol

So they aren't going to say it remain pending  Or there isn't a final decision that was made that is part of the record. Lol smh

See these are the things I am going through.

It just crazy so now I go through a whole court case.

Just for the court to say it remain pending in appeal status.

An now my effective date for the mental health is 2001.

This is the 3 time the buffalo ny regional office has just left my appeal in appeal status.

This how I got 8 years retro tdiu.

Just was up and thought I post and vent.

I am doing 3 different appeal at the court right now and looking over 3 different copys of my record.

One has a brief due in 7 days. 

The pro Bono program is to give a lawyer for only the purpose of a telephone conference.

Under rule 33 if the court.

I did the paperwork and still have gotten a response.

An I got 7 days to do the brief if they don't put a lawyer on the case for a telephone conference.

Ok do you think I am waiting to see if they do there job. 

My brief is done already. So that game will not work.

 

An the court or the VA will not answer why they can't be or were not merger back together.

So I fight I refuse to miss one deadline or not to get it right because I really feel this been done in purpose.

But the fight continues an I am really enjoying it so I just be venting.

 

 

 

 

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On 3/7/2022 at 3:05 AM, Mr cue said:

Ok this is the games you play when you fight the VA.

Ok I apply for mental health 2001.

So I get the rba and there was never a appeal decision made that is in the record.

I understand that it remain pending in appeal status. An there is no final decision made way before I got the record.

I just want the VA to admit it.

That why I dispute the record.

Well here is there response to the court.

The undersigned reviewed Appellant’s RBA and electronic claims file in the Veterans’ Benefits Management System (VBMS) and could not locate a Rating Decision dated March 22, 2004, that mentioned a denial of Appellant’s claim of entitlement to service connection for depression.  The undersigned then requested the assistance of the appropriate Department of Veterans Affairs (VA) Regional Office (RO) official in an effort to obtain or otherwise account for such a Rating Decision. 
 The official subsequently responded and stated that Appellant’s “claim file was reviewed, and it was found that the March 22, 2004 Rating Decision did include information regarding [Appellant’s] depression. The body of the decision mentions that an appeal was pending for a cervical spine injury along with other conditions, to include depression secondary to neck condition.”  The information provided by the RO official corresponded with the March 22, 2004, Decision Review Officer (DRO) Decision.  As such, the Secretary submits that the March 22, 2004, DRO Decision is presumably the same document referred to as the “VA rating decision dated March 22, 2004” in the July 5, 2018, Rating Decision.  The undersigned notes that the March 22, 2004, DRO Decision is located in the RBA at R. at 2757-2761.  
 

Ok now am I crazy but the VA lawyer stated there was no final decision found in the record.

The ro stated that the  march decision stated that the mental health and 5 other issues were still in appeal status.

So we're is the final decision? Lol

So they aren't going to say it remain pending  Or there isn't a final decision that was made that is part of the record. Lol smh

See these are the things I am going through.

It just crazy so now I go through a whole court case.

Just for the court to say it remain pending in appeal status.

An now my effective date for the mental health is 2001.

This is the 3 time the buffalo ny regional office has just left my appeal in appeal status.

This how I got 8 years retro tdiu.

Just was up and thought I post and vent.

I am doing 3 different appeal at the court right now and looking over 3 different copys of my record.

One has a brief due in 7 days. 

The pro Bono program is to give a lawyer for only the purpose of a telephone conference.

Under rule 33 if the court.

I did the paperwork and still have gotten a response.

An I got 7 days to do the brief if they don't put a lawyer on the case for a telephone conference.

Ok do you think I am waiting to see if they do there job. 

My brief is done already. So that game will not work.

 

An the court or the VA will not answer why they can't be or were not merger back together.

So I fight I refuse to miss one deadline or not to get it right because I really feel this been done in purpose.

But the fight continues an I am really enjoying it so I just be venting.

 

 

 

 

Lol so now my case is put on hold because the veterans affairs will not just tell the court.

There was no final decision made 2001 for the mental health.

Well I guess this will be a 4 5: month court fight now. Smh.

 

They didn't fight and play this hard for the 8 year retro tdiu. Back in 2012. Smh.

 

 

 

 

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