BVA Hearing Delay

[Lemuel]

How long should I give the BVA to set up my new hearing before appealing to the CAVC about the delay?

My BVA appeal is at the BVA but no hearing has been held yet on my 1/31/2021 appeal.

I still have not had my BVA hearing that will include remands not accomplished from my 2017 BVA Decision.  

This time I wrote a brief asking for previous decisions to be re-opened by the BVA based upon errors and maleficent by the RO and DRO, copying errors in past decisions, eliminating favorable to me records in the decisions, lost records and destroyed records that can be proved to have existed by references in VA letters, etc.  The office of the BVA has contacted me twice since receiving the brief.

COVID has delayed my BVA hearing plus the complicated issues of having a lost and destroyed medical record as previously noted.  I understand the delay so have not appealed the delay to the CAVC yet.  I am considering if the delay continues past 24 months, I will appeal the delay to the CAVC under a precedence that the BVA should provide the hearing within 18 months.  (Actually, not a precedence--the precedence is forwarding the appeal to the BVA and the BVA has tried to provide hearings within 18 months)

Biggest issues are:

1. EED TBI to date filed an unprocessed 1987 next of friend claim to the extra-schedular process for all veterans with service-connected organic brain syndromes.  (EED will not affect my compensation but will affect those whose compensation was limited by the limitations in the law passed by congress in the 2008 TBI bill by 11 years for Vietnam vets)

2.  Back pay paid by current rates under the 5th Amendment and 14th Amendment Constitutional guarantees.

3. Re-opening of claims under 38 CFR 20.1000.

4. Treating unscanned medical files as lost as those in the fire at NPRC because of the VA Medical Divisions inability to provide them in a timely manner.  (Within 18 months per precedence)

5. Mistreatment of my temporal lobe epilepsy in 1990 with Tegretol on two counts listed on page 983 of the 1990 Edition of the PDR (Physicians Desk Reference for pharmaceuticals) causing a delay in effective treatment to August of 2015. 

So far, the contact from the Office of the BVA has only been about the documents that are missing from my VA comp and pen file and are not available to the BVA because they are destroyed and must be recovered from the "hard copy" VA Medical Division medical file that has not yet been scanned into my VA medical file causing me to have to give history from memory without my treating physicians being able to look at the actual documented history of being confirmed to have temporal lobe epilepsy and having been mistreated with Tegretol plus the MVA of 1990 caused by the epilepsy that resulted in secondary spinal injury.

The hard copy medical file is probably in that VA OIG found 5 plus mile high stack of unscanned documents and not in an individually priority recoverable organization.

[Lemuel]

I am up to 2/12/2012 in case filings by CCK.  They are obviously the firm to get if they will take your case.  They would not take mine.

Their briefs of the cases must be good because the Court usually follows the Appellant's brief in their decision if it is accurate.  I have looked at the decisions in over 20 cases and not found a single denial no matter which attorney signed off for CCK.  The attorneys are not listed on their own behalf.  Always under Robert V Chisholm.

CCK must have a reputation at the VAGC and therefore given access and due consideration on a phone call.  Several of the cases were remanded by joint motion back to the BVA.

I will go back to the chat on the Chisholm site and apologize.  I will inform the chat site that all CCK cases are listed at the CAVC under Robert V Chisholm, so no attorney list is needed.

I suspect I was refused representation because I am a difficult client.  Because of poor representation by the American Legion in my BVA 1990 hearing, I filed a complaint against the American Legion which would be found search me as a party on PACER.  Not because my case could not be won at the CAVC though I was unable to prevail on my Appeal to the CAVC in pro se on an EED for tinnitus.  But then I did not use the correct approach.  I should have appealed for a remand based upon the improper exam order by the RO for my initial examination for hearing problems in 1974 limiting the examination to decibel loss only when the most significant in-service record was the denial of a forklift operator's permit because of noise trauma tinnitus.

Thanks for keeping me straight, Bronco.  If you had not provided the full name of Robert V Chisholm, I would have remained very suspicious of CCK when they are probably the most prolific CAVC appellants' attorney at the CAVC and without a negative decision that I have found.  The consecutive case numbers appear to be just same day filings uninterrupted by other filings.  They have a high percentage of the filings for any given year.

CCK is probably the top appellants' attorney at the CAVC.  I have not checked them at the CAFC but it does not appear they have had to appeal a CAVC Decision.

 

Edited August 19, 2022 by Lemuel
grammar correction.

[Lemuel]

On 8/17/2022 at 11:02 AM, Whodat said:

Wow. How interesting. What people would do to scam people for money. 

Thanks for the clarification 

CCK is probably the top appellants' attorney at the CAVC.  I have not checked them at the CAFC but it does not appear they have had to appeal a CAVC Decision.  See my previous post.

Edited August 19, 2022 by Lemuel
grammar correction.

[pacmanx1]

6 minutes ago, Lemuel said:

They would not take mine.

There are many good attorneys to help and represent veterans at the CAVC, if the CCK did not take your claim, just look for another attorney. Remember, it would be free of charge.

Edited August 19, 2022 by pacmanx1

[Lemuel]

I was able to fine a case, 96-196, that CCK appealed through the CAFC and all the way to SCOTUS.  They will take you there if they think they have a chance.  It is very difficult to get certified at SCOTUS.  Wish I could see the filing.  May try PACER to get it.  I have not used my free downloads.  Haven't had to pay PACER fees since I opened the account to file via PACER and then could not because I was in pro se and not an attorney.

[Lemuel]

2 hours ago, Lemuel said:

Will have to use CAVC Docket Search or PACER to open docket pages.  Chisholm, David is blocked.  May be reason CAVC Docket Search would not open just the last name Chisholm.

Can you transfer the last portion of this thread to a question, Is CCK the best veteran appellant attorney firm?  It appears to me from my audit of their cases they are.  I will post the link to the page I reviewed here though it may not bring up the full page and maybe only the search page.

Cases Selection Table (cavc.gov)

[Lemuel]

Just now, Lemuel said:

Can you transfer the last portion of this thread to a question, Is CCK the best veteran appellant attorney firm?  It appears to me from my audit of their cases they are.  I will post the link to the page I reviewed here though it may not bring up the full page and maybe only the search page.

Cases Selection Table (cavc.gov)

The link only brings up the search page.  To get what I got, enter Chisholm, Robert and click the box attorney.  unclick party.  click advanced search.  fill Chisholm, Robert and do box for attorney again then dates from 01/01/1993 to present day.  It brings up the first case in 2000 on top and the 1993 case following the last case in present day.