(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!

 

 

 

[john999]

I think you hurt yourself by not going to the exams!  Co-operate with the bs. You are fighting the game. If BVA judge says to get exams again then do it.  You could be going around and around for decades with appeals.  Be a good soldier and just obey orders just this once.  Just my thoughts.  Getting to the Court could take years.  It took me six years between BVA remands.

[Mr cue]

The Court reminds the Board that "[a] remand is meant to entail a critical examination of the justification for the [Board's] decision," Fletcher v. Derwinski, 

1 Vet.App. 394, 397 (1991), and must be performed in an expeditious manner in accordance with 38 U.S.C. § 7112.

This is from my new cavc remand 

To me critical Examination of the justification of the decision 

I don't this mean order more exams to make up a new reason to denied.

Like I always say every case is different. An each veteran has to make there own decision about there case.

But to keep ordering exams over and over for the same condition.

An never address any exams until they find one that fit there denial Is not how it work.

Making veterans start over the whole appeal process after a cavc remand isn't how it works.

Give veterans new docket number after a cavc remand isn't how it work .

If they change the cavc remand docket number.

How is it expidate under cavc remand laws an track as a cavc remand in the VA system.

It isn't any more  Because it no longer have the original docket cavc number. 

See this is how veterans be waiting year for a decision after a cavc remand and bva remand.

So some veterans  say let the VA do what ever but I am not one. To play there games i push for them to follow the law

[Oakley]

VnmmOk, so maybe what I wrote, was a little unclear so here is the short story : 

BVA JUDGE  GRANTS/Awards (SMC-T2)  the Effective Date is off by 4 years, we appeal just the effective date to CAVC,  JUDGE at the CAVC agrees the effective dates are off "Remands" the "EFFECTIVE DATES" back to the BVA who awarded the SMC-T2 IN THE FIRST PLACE AND A different JUDGE AT THE BVA THEN THE ONE WHO ORIGINALLY GRANTED MY (SMC-T2) in the first place the new judge at the BVA doesnt address the effective dates that was the whole reason the CAVC JUDGE REMANDED BACK TO THE BVA FOR THE NEW BVA JUDGE TO "REMAND" BACK TO THE VARO,  "HE NEEDS TO ATTEND ALL THE TBI EXAMS AGAIN."    THEN HE WAS SOUNDING LIKE TO ME THAT HE WAS TRYING TO MAKE THE VARO LOOK STUPID, BUT THE CRAZY PART IS THE VARO DIDNT GRANT THE APPEAL, ANOTHER  BVA JUDGE WHERE HE IS AT DID! 

 SO THAT WAS REMANDED BACK TO THE VA ON JUNE 25,2022 AND AS OF TODAY I HAVENT RECEIVED ANYTHING FROM THE VA ABOUT GOING TO A EXAM, JUST signing THE PAPERWORK TO RELEASE MY MEDICAL RECORDS FROM PRIVATE PROVIDERS IS ALL HAVE RECEIVED SO FAR.  

 

 

 

 

Edited September 5, 2022 by Oakley
Misspelled

[Mr cue]

I will leave this two cavc case so that  other understand the law

 

 

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

Might also look at:

Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. At 1322.

 

 

 

 

 

[Dustoff1970]

Did you ever receive an answer on that other forum for this same question.  I saw only reply from Spunky.  He is a VARO rater and very accurate but brief with answers.  Maybe the good fellow granted my 60% GERD and 10% Tinnitus within 20 days very recently.

May the sun shine on him forever. Cheers

[Oakley]

11 hours ago, john999 said:

I think you hurt yourself by not going to the exams!  Co-operate with the bs. You are fighting the game. If BVA judge says to get exams again then do it.  You could be going around and around for decades with appeals.  Be a good soldier and just obey orders just this once.  Just my thoughts.  Getting to the Court could take years.  It took me six years between BVA remands.