Need to vent again smh

[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

 

 

 

 

 

 

[Mr cue]

Yes a imo would be need to win a death case.

I agree with that.

But I don't agree with that the only way a veteran win a claim is to pay a doctor for a imo.

If you don't have evidence or medical treatment or and injury in service.

There is nothing a imo is going to do this is my opinion.

Now if a veteran die and you have to make a link between there death an service connection.

Yes I believe a imo would help.

But I do not agree that the only way a veteran win a claim is with a good private imo.

I understand that you are a fan and there is nothing wrong with that.

But some of us still believe the best way to win is with evidence and the law.

I got a 25 year record of evidence and treatment.

My case is all about the veterans affairs following the law.

Not evidence

 

[Buck52]

Mr CUE,

Why do you write this

Mr CUE quote

''But I do not agree that the only way a veteran win a claim is with a good private imo.''

OK its your Opinion but only your opinion.

What if a VA Dr flat out lie's on Veteran and give his medical opinion that  he can't find any problems this Veteran has  and its his medical opinion this Veteran should not be rated   based on testing from his  processing out of the military  according to these test this veteran health was good.

When on some injurys or desesase that may take years to manifiest that was caused by his military service, 

example   Loss of hearing  can be caused from loud sudden noise  and in some cases will take years 5 /10 15 years for the veteran to lose his hearing bad enough it causes him to be disabled  and needs help due to lack of his education for semetry jobs.  but when a VETERAN CAN'T HEAR OR UNDERSTAND WHAT THE MAJORITY OF PEOPLE  VOICE,   THERE IS A 99 % CHANCE THIS VETERAN WILL NEVER BE HIRED DUE TO HIS LOSS OF HEARING.

Ok the Veteran goes to get an IMO /IME Exam FROM A PRIVATE DOCTOR  (PREFER A SPECIALIST IN THIS FIELD OF MEDCINE)

And the Veteran brings what records he has to show his  decrease in his hearing loss .AND certified notrized  affidavits from family and friends that has known this veteran for years  to  atest to his hearing loss and state why this veteran needs the help from the VA and approvre this Veteran  claim for his hard earned benefits.

   This is where an IMO/IME will help the Veteran win his claim  the DR CAN read his past medical records and test and exminne this Veteran and give his Medical opionon  (IMO) ''That it is in his medical profeesiniol opinion this Veteran hearing loss is likely as not caused by his military service  while serving in Vietnam '' or the gulf wars Whice ever the case may be.

The same can be for other injurys and deseases.  that may takew years to manifest  and cause the Veteran to become disabled.

 For some , disabled veterans have what is called a non vision disablity   , when you just look at veteran   you can't see his disability  and a lot of veterans are disabled from their military service that they were not disabled when they left the military   due to it takes some injurys and deseses time to manifest  years later after the time spent in the  military.

Just because a Veteran can walk up right and not limp or show any phyical type disabilitys don't mean this Veteran is not disabled. HEARING LOSS OR PTSD OR MILITARY SEXUAL TRAUMA...THESE ARE DISABILITYS WE CAN'T SEE OR VISION A VETRERAN HAS.  EVEN A VETERAN WITH DIABETES   YOU CAN'T SEE HIS DISABILITY. or MANY OTHER DISABILITYS.

And it takes a QUAILFIED DOCTOR MEDICAL OPNION  IN SOME CASES FOR THIS VETERAN TO WIN HIS/HER CLAIMS.

Edited March 12, 2022 by Buck52

[vetquest]

Mr. Cue.  I respectfully disagree with you about the IMO's.  I needed two to win my case even with all of the evidence of record.  All of my neurological C&P's were performed by a doctor at the VA who was at least adversarial and at most outright hostile.  He told me in my C&P exam that I was a malingerer outright.  My first IMO was to the question that I was unemployable due to my conditions.  My second IMO was for a nexus for neuropathy.  I was worried about the second because it was so short.  What the doctor said was golden though.  He called out the VA doctor for not following current medical knowledge.

I do not believe we should have to get IMO's to win our case but in some situations, it is necessary.  Life would be much easier if the VA doctors or contractors read our medical records with an open mind and were impartial but that is not always the case.

[Berta]

Thanks Buck and Vetquest -I bet hundreds here over the past 25 years would agree with you both--

I got a very brief freebee in email from a doctor who treated my husband at VA then left and began private practice.

His proper diagnosis had been crossed out by the VA doctors who were trying to cover the malpractice up, that occurred for 6 years at the Bath VAMC, NY

The BVA gave his opinion as much weight as Dr Bash's because he corrobrated ,in a very few words- the malpractice situation. I also knocked down a VA opinion on remand myself and BVA agreed wih that info and S--t canned the 3rd C & P opinion. I also rebutted the other VA C & Ps too-but I needed a Real Doctor like Dr.Bash to weigh the scales.-

VA kicks Blind Justice  in the knee so that our evidence falls off the scale.

 

 

 

Edited March 12, 2022 by Berta
sorry for doubles, snow in my dish

[cwatson]

I do apologize and I really cannot say too much because a lot of information is missing. 

I have first gone through similar situations with my conditions, but I continued to visit doctors and most importantly submit more and other opinions by me of what is and has been going on.  I applied for TDIU in 2014 but the VA only granted me an IU in 2019.

I did last year find an attorney or law firm but he wanted to be paid a percentage for the back pay and 100% awards just to correct the TDIU, an upgrade on my discharge and new claims and I did not want that so I dropped him and if I can give his name I will if asked.

I had to sue the VA in the appeals court and I hope this statement is not a violation to the rules but it is a stage that some have to take because I too was going back and forth from the CVAC to the regional office excluding all of the facts. The VA stated that it could not accept one doctor's opinion because he had not given his opinion whether my condition was pre-existing when the board had never made that statement.

I had to complain first that the board never made that statement then my next examiner also never gave an opinion about any pre-existing condition and I guess the VA got tired trying to find a doctor to give a negative opinion and they granted my claim, but the VA excluded my cervical claim.

It is not easy as for me its been this time fourteen year since I filed in 2008.

 

 

CEW 

[Mr cue]

 

We can all agree to disagree on this one.

we all are a big family here so there is always going to be a difference of opinion.

Me my self I am all the way up to smc l and never need a imo.

I won 8 years retro extra scheduler tdiu without a imo.

Granted smc l 3 year ago without a imo.

So I have a track record of winning cases  without a imo also.

So like I said I is up to the veteran if he want to play the pay to play game.

Last ok there are doctors that are say give me a 1000 an I will get you VA benfits.

An no one thought the VA was going to say anything. Yea right.

This is do nothing but make it hard for veteran.

My opinion.