Mr cue Posted March 11, 2022 Share Posted March 11, 2022 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 cwatson 1 Link to comment Share on other sites More sharing options...
0 Berta Posted March 12, 2022 Share Posted March 12, 2022 Do not EVER Give UP!!!!!!! NEVER and stay as healthy as you can- Mr.Watson -VA is not the enemy of veterans- TIME is- But most of us have had horror stories due to the VA- if you dont have PTSD when you start out with them, the claims process might give you PTSD. They -veterans-have to be able to continue their claims as long as they can- otherwise if they have a spouse, the spouse can do that-if they die. I spoke to a widow today-they own the farm next to my farm and he died Tuesday. 70% SC, USAF Japan. She doesn;t have a clue on VAOLA but I know her husband; s vet rep and asked her daughter to join us here as every thing they need to know is here under DIC forum and 1151/FTCA forum. She does not know how to use a PC. He left the hospital and died next day at home----????? Link to comment Share on other sites More sharing options...
0 cwatson Posted March 12, 2022 Share Posted March 12, 2022 In response to why the VA's attorneys are first so many in number and why they are coming after the veteran who file a claim is simply answered by saying it is the VA's attorneys' job to come after us with all they can find against us, and it is easier to ignore some statements that we applied to be read and responded to. I only have one attorney assigned to my 1151 last year but I suspect that if more attorneys are needed then they can easily get more. The VAMC took an MRI of my lower spine after an x-ray and the MRI found more and a worse condition not seen in the x-ray, but the VA ignored the MRI reading and I still have had to fight for a higher rating for a Bulging disc at L5-S1 after an accident in the military. I am still fighting that I had an accident even though the DOD acknowledged two helicopter crashes, but the VA repeatedly calls me an aircraft mechanic while my military records list me as a crew chief. It is ridiculous after fifteen years that I have to argue to get the VA and the CAVC to look at my records, an award scratch off then my MOS and my records that say crew chief. CEW Link to comment Share on other sites More sharing options...
0 Mr cue Posted March 12, 2022 Author Share Posted March 12, 2022 10 minutes ago, cwatson said: It is ridiculous after fifteen years that I have to argue to get the VA and the CAVC to look at my records Yea this is all new tactic to me I never seen them just not address. Issues. I mean I was send to exam and had a dro hearing on a issue. After the favorable comp exam. They have just choose not to even address it anymore It crazy. 3 years an they even address the comp exam for smc l in the denial for the 100% rating for the mental health. And still did address the smc l for this condition. But these are the VA new tactic and the new comp exam system. Good luck with your fight. Link to comment Share on other sites More sharing options...
0 Mr cue Posted April 4, 2022 Author Share Posted April 4, 2022 Just need to vent this morning lol. Well I been get the one case I will be handling at the court together I hire the lawyer on the other two at the court. Well my thing is with my appeal for loss of use under smc. Well as some may understand I am smc l and half because of my in home care and need of others Well the VA has been fight me hard not to grant loss of use under smc benfits. Well first I receive in home care because I can't do things because of my loss of use. The VA has been stating my loss of use is included in my tdiu rating. So they understand I have loss of use. I even have independent living records. Were they are base on my loss of use. Well any way I dug a little deeper Into loss of use. An this is were the automobile granted come into play. Now I see why this fight has been crazy and the way they are dodging issues and making it so hard. Crazy part the independent living program was to buy scooter and adapt my truck. Little to say it was never done. An they will never address my evidence From this program But now I see why this is a big thing. I am just hope that I be out of this court stuff in the next 3 4 months. The fight continues Link to comment Share on other sites More sharing options...
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Mr cue
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
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Mr cue
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 m
Dustoff1970
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 VA
Mr cue
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 pr
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