Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

Need to vent again smh


Mr cue

Question

Man I am get really mad at this whole process now.

I really feel like I am been put in a place to fall.

There is no way the court can address it own remand order.

The court set a side my effective date granted 2018. An remand it back to bva.

The bva remand the same effective dates set aside by the court. To be granted in the first instance.

So now I am back at the court appealing the same effective dates the court set a side.

An no one will address it.

 My cavc remand has been process in the new ama system.

They removed it from legacy appeal and the court remand docket

When I never check the box to remove it on the nod mail to me.

It take two seconds to look at the nod.

No one will address it.

I am not give up but this is just crazy.

One day they will have to address all this.

Just a shame s veteran has to go all the way to court for the VA to address a nod and there errors of processing it.

The no contact with anyone really is go-to back up the VA system.

I am just venting. This handling 4 different appeal at the court is stress me out

An the court will not even rule on consolidating them together.

It been 3 weeks no answer.

I ask the veterans affairs to merger them back together before any of this.

Because I understood I would be fight 3 different appeal at the court at the same time.

Not answer.

So I sit here try not to miss any deadline and go over 3 different copys of the rba. The record.

Can use just one because the pages are number different.

Smh it's alot this time but I understand what I am doing I just don't like it.

An I feel is putting a pro SE veteran at a disadvantage.

An not legal.

No one will address this lol.

Ok I am done back to getting this brief ready.

O I got a pro Bono program telephone conference that will be scheduled soon.

I just hope the lawyer that come on the case doesn't feel he has to address my issues.

An feel he is just going to ask the lawyer basic stuff I will end the conference not about to sit here and play games.

I will just let the judge rule.

It a lot in but the fight continues

 

 

 

 

 

 

  • Like 1
Link to comment
Share on other sites

Recommended Posts

  • 0

In 2003 the U.S. CAVC court remanded my CUE appeal to the BVA and VARO with ordered instructions for the VARO to adjudicate my TDIU claim that the VARO failed to do in 1998 and I then received from VARO a P&T TDIU rating back dated about 5 years.

The court said failure to consider me and adjudicate me for both an implied TDIU claim and also I ask for TDIU was a duty to assist error and not CUE but I still won my CUE claim to the court as I had originally filed for TDIU from the very beginning.

So in spite of what others may say at another location a pro se vet representing myself can win a hard to win CUE claim before the court.

In my case I won in a round about way on REMAND INSTRUCTIONS.

Love those remand instructions.  Keep on truckin

  • Like 1
Link to comment
Share on other sites

  • 0

I love the cavc. They really address your case.

But the veterans affairs is really trying to fight me hard for my benfits and because of there errors of handling a cavc remand order.

I am pro SE and have been pro se at the court before.

But why does the veterans affairs need 4 lawyer against little me

RE, Appellee responds to the Court’s Order.

 Respectfully submitted,

 RICHARD A. SAUBER

 General Counsel

 MARY ANN FLYNN

 Chief Counsel

 /s/ Catherine A. Chase

 CATHERINE A. CHASE

 Deputy Chief Counsel

 /s/ George M. Morris

 GEORGE M. MORRIS

I have never had this many VA lawyer on a case this is crazy.

But whatever 

An this is just the lawyers in one case.

I got 2 other case with different lawyer on them.

But not one lawyer want to address that I didn't request to be removed from legacy appeal system

It take two seconds to look at the nod you have to check a box.

I never check the box.

I put a dispute of the record

Because there is no final appeal decision made for my mental health and 5 other issues. After I nod Them 2001.

They remain pending

The VA lawyers has even stated they can't find the final decision.

The regional office respond was it was address in the body of the granted of tdiu 2004.

So 4 different VA lawyers are fighting this.

And the smc l for my mental health 

I had a dro informal hearing 2018 and was send to a comp exam to see if my mental health effected my daily living.

Well. It was favorable.

The VA has refuse to address anything about for 4 years.

I guess it remain pending also.

Here are statement from the Nov 2021 mental health decision.

The examiner found that 
the Veteran’s mental health symptoms frequently interfere with his ability to complete tasks at home.

 

While the July 2019 VA examiner indicated that the Veteran’s mental

disabilities would “frequently interfere with his ability to complete tasks at home,”

he was found capable of managing his financial affairs.

Do u think they inferred smc l for the mental health no.

Because it give me the smc o and the r2.

Because I receive in home care.

So this is how the veterans affairs play there games.

Fight continues.

I just got denied by a different judge smc o and r because my mental health is smc l.

I can't make this up.

It's a different case at the court.

Smh this is just a crazy process and I can't believe it this many VA lawyers on these cases an not one feel or see any wrong.

Well I am waiting for the lawyer from the pro Bono telephone conference to appear on this one case.

I hope they appoint a experience lawyer and he talk to me before the conference.

Because no one feel they have to talk to me about anything with my case.

I am just doing allot of typing lol.

Sooner or later they will address my case.

Ok done venting again lol.

 

 

 

 

 

  • Like 1
Link to comment
Share on other sites

  • 0

During my successful CUE claim appeal to the CAVC court in 2003 the VA lawyers were extremely rude and arrogant toward me on the phone, in writings and even pleadings before the court in their motions, etc. I was warned ahead of time that they would be this way and SOBs.

They were very tricky in their procedures and timing and tried to get my case dismissed on technicalities and almost derailed me on several occasions by trying to make me miss court deadlines for certain filings.

There is a CAVC court rule that pro se veterans like me representing myself are to be given extra leniency in our filings, wordings, and some proceedings and lucky for me the single judge handling my case in the beginning gave me these extra time factors.  Another judge later made the actual ruling/decision on my CUE appeal and gave me what I wanted thru remand instructions back to the BVA and VARO. 

  • Like 1
Link to comment
Share on other sites

  • 0

Mr CUE  aka "Y" -----That CUE was a beauty and you thanked me for my help- that is why I got RO crap on my SMC cue-which I won anyhow.

But Negativity INSPIRES ME!

I regret I see this issue diffrently than you do-

But there are many ways to skin a cat, what I mean is, there are many ways we can legally use VA claims regulations against them, to get what we want.

The "LIST" available at hadit has 44 IMO/IME doctors on it and the list is beneficial to every veteran or their survivor. One of them , a well known doctor , is at the BVA today in support of an appeal hearing as I understood his email to mail- in any event he has contacted the BVA Chairman over the list. and the way it was presented here.

In my opinion you need a "thorough and conscientous" review of your evidence (per 38 CFR.4.6)

and thouand of veterans have only gotten that detailed review of their VA med recs etc ,by hiring IMO/IME doctors , only the "revoked" doctor on the list is no longer able to do IMOs- he is the only doctor on the List who VA will not onsider as qualified and the 44 others have clean records, and thw MB link- I spoke to them ysterday- that was an attempt by a disgruntled veterans to Extort that Dr. The MB info in the link is OLD info. And might have been manipulated by the poster.Might

He , the poster ,a member here ,got a letter from a lawyer yesterday. and he is also awaiting a subpoena from someone else.

 

 

 

 

 

Edited by Berta
added more.
Link to comment
Share on other sites

  • 0

Berta yes your info on the cue help me win the cue 2001.

I disagree with all the imo stuff.

I am not a fan of the pay to play doctors.

I win case with evidence and law.

I would never pay for a imo.

It can be used and it might not.

If s veteran doesn't have the evidence maybe that might be the only way to win is a imo.

But I am not one of the veterans who believes in this private imo game.

 

 

 

 

Link to comment
Share on other sites

  • 0

Some of the doctors on the list have adequate records of how much the veteran or widow/widower received in retro due to their IMO/IMEs.

They also keep record of how many veterans and their survivors they helped for FREE!!!!!!!!

Good doctor and lawyers often have to keep Pro Bono records- for their taxes I think-

A doctor I know well, on the list, (I know a few of them on the list) who was defamed here recently gave free IMOs to a friend of mine and to Many others-

Some of these cases take Lots of time for them to work on. I worked on my FTCA case every day until it was settled-The Regional counsel (called RO District Counsel now, wanted to settle with me within months of receipt of my SF 95, and in those days I could not find an IMO doc or an attorney  so

I did the medical and legal work myself.

I asked OGC for a legal fee for my work on my successful FTCA case-- I thought the OGC lawyer would have a heart attack. I am a Pro Se attorney. The last time I talked to him at OGC he said OH NO when he recognized who I was. The call involved more money the RO owed me and it came shortly after I called him....due to an Order to the RO from th VA OGC.

OGC has some of the Smartest people in the VA- and they can really READ!!!!!!!!!

I have received 2 Journalism awards- and good journalism depends on relaying the TRUTH! meaning 

I can find a needle in a haystack.    without using a metal detector . 😃

Just ask the last person I sued and won-

Oh forgot -they are deceased.

The internet is the BEST weapon we have to win our claims and support lawsuits in other regards,

bcause EVIDENCE IS EVERYTHING.

 

 

 

 

My neighbor's husband died yesterday-she called me and we talked for an hour- this doctor had already told me he could help her- his SCs might have contributed to his death and/or  it might be FTCA wrongful death-death by VA....he already told me how one of his SCs could have caused his death.

He was 70% SC -USAF Japan

Edited by Berta
snow in satelitte dish
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines