(CAVC|BVA) Remands & (10) year rule in effect.

[Oakley]

I've been mediclally retired since June 27,2012 with the same disabilities I have today been 100℅ unemployable P&T AND THEN 100℅ Schedular from :(June 27,2012) and "housebound in fact,"  which is the SMC (S-2), from    (June 27,2012).

 

So the (10) year rule is in effect, if that even means anything, the VA will do what the hell it wants and break every rule on the way as they laugh about it,let's face it. 

 

So I couldn't get anything successful on my claims at my local VARO they just deny,deny,deny without even considering the evidence in front of them. So I appealed to the BVA which after a year granted everything (8) different contentions ALL  "GRANTED,"                      NO  "REMANDS, I was very excited about this, but the only concern was  the effective dates were way off, by years!

 

So, I filed with the court of veterans appeals or CAVC, about correcting the effective dates and the judge at CAVC agreed with me and ordered that it be "remanded," back to the BVA to correct the "Effective Dates," that are more consistent with his decision.

 

So here we are, the LOCAL VARO, denies everything I've asked to be awarded, several times over, I then send in the same disabilities, with same amount of evidence, that my local VARO had this whole time, and the "Judge" at  the "BVA grants" everything,  and the BVA judge also finds a "CUE,"  on the local VARO for not awarding me or even considering the  SMC (S-2) with effective date : (June 27,2012). Then the judge at CAVC agrees that the effective dates need to be corrected and order it remanded back to the BVA to correct this to be more consistent with this decision.

 

So the next part is where In have some issues with BVA GRANTS ME EVERYTHING THAT LOCAL VARO DENIED, THE CAVC JUDGE AGREES THE DECISION IS CORRECT BY THE BVA FOR AWARDING ME BUT MUST BE REMANDED BACK TO BVA TO CORRECT THE EFFECTIVE DATES, THEN ONCE THE BVA GETS THE REMAND, THE BVA JUDGE, NOT THR SAME JUDGE WHO MADE THE ORIGINAL GRANT OF ALL MY CONTENTIONS,  BUT A DIFFERENT BVA JUDGE, THIS WAS  (2) WEEKS AGO BY THE WAY WHEN IT WAS COMPLETED,  DOESN'T EVEN MENTION MUCH ABOUT CORRECTING THE EFFECTIVE DATES, WHICH WAS THE WHOLE  REASON FOR WHY THE  CAVC JUDGE REMANDED, IN THE FIRST PLACE, BUT THE BVA JUDGE WANTS ME TO GO THRU ALL THE EXAMS AGAIN FOR AID AND ATTENDANCE, AS HE DOESNT LIKE THE NOTES OR RESULTS FROM MY MEDICAL RECORDS?? 

 

SO THE BVA JUDGE THEN "REMANDS A REMAND,"  ALL THE WAY BACK TO THE VARO, TO CORRECT THIS, BUT KEEP IN MIND, THIS ALREADY AFTER A BVA JUDGE GRANTED EVERYTHING WITH THE EVIDENCE IN FRONT OF HIM, THEN A CAVC JUDGE, AGREES WITH THE BVA AWARD, BUT REMAND BACK TO THE BVA TO CORRECT THE EFFECTIVE DATES, THEN THE BVA JUDGE ON REMAND DOESNT MENTION MUCH ABOUT CORRECTING THE EFFECTIVE DATES, WHICH WAS THE WHOLE REASON FOR THE REMAND BY CAVC IN THE FIRST PLACE, BUT THEN BVA JUDGE REMANDS, IT BACK LOCAL VARO, TO HAVE ME RETAKE ALL THE EXAMS "AGAIN"  ON A DECISION THAT A JUDGE AT THE BVA ORIGINALLY GRANTED AND A CAVC JUDGE AGREED THAT THE DECISION WAS CORRECT BUT TO CORRECT THE EFFECTIVE DATES.

 

So as of right now the local VARO has the remand/appeal from the BVA.

  So is this legal? 

 

Whats your thoughts on this?

 

"(10) -year rule in Effect"

 

Thanks!

 

 

 

[Dustoff1970]

Man O Man I wish you good luck and you may need a lawyer or a rare highly motivated and experienced VSO.  For over 30 years I have successfully represented myself in several BVA and CAVC court appeals that included remands such as one that the VARO has just now closed to correct a prior error.  But nothing like your involved complicated situation.

The veterans law firms of Carpenter & Associates LLC are the best of the best.  Also CCK is tops and they also have a valuable website of disability claims and appeals procedures.  There are others of course. Try the NVLSP veterans' advocates website as they have a list of veterans' attorneys.  The two I mentioned have many many years of representing vets before the CAVC and BVA.

My comment not legal advice as I not a lawyer, paralegal or VSO.

[broncovet]

Its probably not legal.  "If" VARO did "everything legal", there would be no need for BVA.  And, if the board did everything legal, there would be no need for the CAVC.  

My advice, in the following order:

1.  Get VBMS access.  This means either a VSO or attorney.  You can see what is really going on better..what evidence they have, etc.  

2.  Read your cfile.

3.  Send an IRIS email inquiring the status of the BVA Grant, or other issues. 

4.  Call Peggy and ask the status. 

5.  Document the above.  

    Now, if you hired an attorney in number 1, then stop.  If you have proceeded Pro Se, it may be the time to file a "notice of writ of mandamus" demanding that you be granted benefits awarded by the board/cavc.  

    If you give ample time for response to all of the above, its probably time to file a writ of mandamus to compel VARO into compliance of the BVA/CAVC granted disabiities/effective dates.  

[Mr cue]

No its not legal. I two had the cavc remand a case an the VA try all this and ordering new exam.

Well if it was me I would denied all of there exam.

An write a statement about everything and upload it. 

I would call Whitehouse hotline an make a complaint about the order of exam.

When the cavc remand is for a effective date.

I just when through this and had my case remand s 2 time because of them refuse to address favorable evidence.

This i believe is the board new thing not to address case remand make a veteran fight a new exam. After the cavc remand.

When they remand the case the cavc will not address it in a writ.

So they can prolong cavc remand by remand they for exam etc.

Best of luck 

Or you can just go to there exam an they will not address any other evidence.

But  the new exam in there decision. And now you are in a whole new fight.

To get your evidence address.

Last there is no number for bva so there is no way to speak to anyone to address it.

It getting crazy 

[Oakley]

2 hours ago, Mr cue said:

No its not legal. I two had the cavc remand a case an the VA try all this and ordering new exam.

Well if it was me I would denied all of there exam.

An write a statement about everything and upload it. 

I would call Whitehouse hotline an make a complaint about the order of exam.

When the cavc remand is for a effective date.

I just when through this and had my case remand s 2 time because of them refuse to address favorable evidence.

This i believe is the board new thing not to address case remand make a veteran fight a new exam. After the cavc remand.

When they remand the case the cavc will not address it in a writ.

So they can prolong cavc remand by remand they for exam etc.

Best of luck 

Or you can just go to there exam an they will not address any other evidence.

But  the new exam in there decision. And now you are in a whole new fight.

To get your evidence address.

Last there is no number for bva so there is no way to speak to anyone to address it.

It getting crazy 

I agree 100% with not attending the exam,  as of right now the VARO Has only requested medical records from me.        Which I'm not even turning that in they already have all that!  I've in this fight for 5 years, I've been to Higher level review, been to the BVA, THEN TO CAVC  then back to BVA, AND ON REMAND BACK AT THE VARO AND NOW YOUR ASKING ME TO GET YOU MEDICAL RECORDS FROM THE SAME DOCTOR, WHO THE BVA USED TO GRANT ME  EVERYTHING THE FIRST GO ROUND,? JUST 8 MONTHS EARLIER? 

I DONT THINK SO!  EAT SHIT VA! 

[pacmanx1]

Not to burst anyone’s bubble or start a debate but this is not illegal, and the VA is within their rights to order a new exam or exams and here is the reason why, after anytime a veteran is granted/awarded a service-connected disability or an increase in their service connected disability, the VA has the authority to request an exam or exams to determine the veteran’s severity level of his/her disability or disabilities prior to rating. This exam or exams maybe necessary to help the rating office make their decision.

Now with all that said, the VA could rate the veteran’s new rating based on the veteran’s records but that is still totally up to the VA and if the veteran refuse to attend any new exams, the VA can still rate the new decision based on the records or the VA could simply just deny the veteran’s request due to the veteran refusing to attend any new exams.

As to the 10-year rule, the VA cannot reduce or propose to reduce a veteran’s rating based on one C & P exam. The VA must prove that the veteran’s disability or disabilities has had marked improvement.

What surprises me is that veterans play the VA game all the way through and finally decides to stop playing the game and refuse to go to anymore exam(s) and fail to realize that the simplest way to get the benefits they request is to go through their last exam or exams. Prior to any other decisions, you already went through the exam process and these final exams will be no different.

Edited September 5, 2022 by pacmanx1

[Mr cue]

8 hours ago, Oakley said:

  as of right now the VARO Has only requested medical records from me.

Yes this was the same thing with me and they shop mind with ever comp exam place. Qtc lhi 

Qtc call me an say they aren't doing a rmedical ecord review they want a in person exam.

I refuse 

they denied an never address any of my  evidence because I withdraw my remand. Because they play these games for 8 months 

well the cavc just told them to address my favorable evidence an I shouldn't have had to withdraw.

For them to give me a decision.

 

Some may not understand there game and play them .

I am not one of them.

I have a 20 year record and over 6 comp exams since I apply for smc benfits.

They will not address any of it but need to order more exams yea right.

Good luck