Mr cue Posted September 26, 2022 Share Posted September 26, 2022 Man I am sitting here in fire. The bva has been playing games with my case for four years two cavc remand. First court remand to bva the make 3 different decision. I ask plead with bva VA to merger my legacy appeal back together. I get to cavc the cavc order all my appeal merger back with the legacy appeal docket. Well I get two different 90 day evidence letter today. The bva has now merger two issues with the legacy appeal docket. An send me a 90 day evidence letter with a 21 ama docket number. So basically they are going to try an process and make 2 different decision one in legacy and one in the ama system. In my case again. I will be doing a writ next week to the court to get them to address this. I just call the white house hotline to make a complaint. I will be upload a statement tomorrow. I any waiting for this new game to even get in motion This just let me understand that they are trying everything to keep this going. Smh. I mean I have a cavc court order were they merger all my appeal back with the legacy appeal docket. This is just crazy. I will post the two 90 day evidence letter send on the same day so everyone don't think I be making this stuff up Link to comment Share on other sites More sharing options...
0 Mr cue Posted November 11, 2022 Author Share Posted November 11, 2022 Man this is really mess with me that the VA lawyer on my case. Just basically blow off the response date to the cavc . The crazy part is the court didn't granted the extension. An the lawyer hasn't responded to the court. Well I send something to the court today they will get it Monday. I refuse to just let this go. I have never seen this before were a VA lawyer doesn't respond. (3) Effect of motion. A motion to extend time does not extend the date on which a pleading or other document is due to be filed with the Court unless the Court grants that motion. See Rule 5(b) (Effect of Stay) Link to comment Share on other sites More sharing options...
0 Mr cue Posted November 14, 2022 Author Share Posted November 14, 2022 Just got to vent I am starting to feel like VA isn't never going to address my case. This has been two cavc remand two writs. A two year fight about remove my effective date for smc appeal from legacy. An trying to process it in the ama were there are different rules. For effective date. They have done this a 2nd time even are the cavc court order all my appeal need to be addressed together. Now I am sit here with no answer to my writ when the court order VA to address it Nov 10. I sit here almost 4 months after the court remand my case a 2 nd time. With my appeal with two different bva judges as of October 19. One appeal in ama one appeal in legacy. So it will be going on a month sense my cases have been with a two different bva judges. An not one of the bva judges choose to merge my appeals back together as the cavc order. Man this is put a drain on my mental. I see how veterans say forget it because I am almost there. I no the next step will be a remand and they don't address anything. Now then I will have to fight to get the appeal return to the board. Just did this for 6 months. If they remand again and don't address anything. I will be doing a cue for my effective dates. One way or the other they will be addressing this. I refuse to let them mess with my mental an hope I give up. But this is a harder fight than when I won 8 years of retro tdiu. 2012. Do to them leaving my appeal from service in appeal status for 8 years. Ok just had to get a little bit of it off my chest. Well the cavc court never rule on the extension by the VA. They didn't respond and I guess will not for the 10days. The court hasn't address that there hasn't been any response to there 30 day court order. So I just sit here with nothing. They haven't even docket my motion I put in Fri. This is just one crazy case. Link to comment Share on other sites More sharing options...
0 Mr cue Posted November 16, 2022 Author Share Posted November 16, 2022 Update the judge granted the extension. Lol. 5 day after the VA was to response. Well anyway they have till November 20. So we will see what they come up with this time.. Both cases have been with a bva judge since October 19. So I see two decisions coming. Or my cavc remand will be prolong longer. The cases been with two bva judges a whole month. An not one of them can read the cavc remand order. To merger all my appeal back together. No one can address that I never requested to be removed from legacy appeal. They will just hold making decisions an not correct the error. So I sit here with a VA lawyer and two bva judges.. Any not one of them will address any to do with this. Crazy. Link to comment Share on other sites More sharing options...
0 Mr cue Posted November 21, 2022 Author Share Posted November 21, 2022 I woke up stress on my writ and cavc remand. Well today is the day the VA is to answer my writ. First I feel they are going to wait until the last min before the court close. Smh. Than I feel they are about to not even respond to my issues. An the court is going to blow it off. An say my writ is moot. My case has been with the bva since August 31 when the court remand it. They will not send or say what they are working. Just the bva decision date Nov 22 23 Feb 14. Smh. The cavc remand is sitting with two bva judges since oct 19. With one issue been work as a legacy and my effective date been work in ama. Ok I never requested to be removed from legacy appeal. There is different rules for effective date in ama. This why I feel they keep removing the effective date from legacy appeal. They have change the appeal date to 2021 when this all has been a legacy appeal from 2019. They send me a bogus nod after my first cavc remand and use it to start a new appeal stream. But I never check the box that say if you would like to be removed from legacy. This has been a 3 year thing to get them to address this error. The court order that all my appeals be merge back together and give one decision because they are intertwine and should be give one decision. They removed it again an will not address the court order or anything I write. How can the cases be with two bva judges and not one of them choice not to fix the error. I really am starting to feel I Am never going to get a proper decision on this. To much retro do to there errors Just venting and getting piss off. Never seen smc benefits been treated this way. Well we will see what today brings. Last I feel the bva judges are holding there decisions to way and see if they can get away processing the effective date in the ama system. So they can denied and state that can address that far back. I bet my dog lol. An than back to court I go a 3 rd time for the same issue. Ok I am going to try and relax lol Link to comment Share on other sites More sharing options...
0 Mr cue Posted November 22, 2022 Author Share Posted November 22, 2022 Well I wait all this time for the VA to respond. An there response was we processing the appeal in ama system. Never address the court merge my appeals back together. Never address that I never requested to be removed. Basically they didn't address anything. But that the case was process in ama system before and they will be processing it again in ama system smh Well watch the court not even address it own order and call my petition moot. Smh. So now I sit here to be denied my effective dates because of ama system rules. And then have my other issues will be remand totry an order exams again. Guess I will be fighting this case again to get it return to the court crazy this year smh. Link to comment Share on other sites More sharing options...
0 Whodat Posted November 22, 2022 Share Posted November 22, 2022 I am so sorry that you have to go through all of the mess that you are going through. Looks like you have your ducks in a row and the paper trail. I wonder if McDonough have eyes on your situation. Link to comment Share on other sites More sharing options...
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Mr cue
Man I am sitting here in fire.
The bva has been playing games with my case for four years two cavc remand.
First court remand to bva the make 3 different decision.
I ask plead with bva VA to merger my legacy appeal back together.
I get to cavc the cavc order all my appeal merger back with the legacy appeal docket.
Well I get two different 90 day evidence letter today.
The bva has now merger two issues with the legacy appeal docket.
An send me a 90 day evidence letter with a 21 ama docket number.
So basically they are going to try an process and make 2 different decision one in legacy and one in the ama system. In my case again.
I will be doing a writ next week to the court to get them to address this.
I just call the white house hotline to make a complaint.
I will be upload a statement tomorrow.
I any waiting for this new game to even get in motion
This just let me understand that they are trying everything to keep this going. Smh.
I mean I have a cavc court order were they merger all my appeal back with the legacy appeal docket.
This is just crazy.
I will post the two 90 day evidence letter send on the same day so everyone don't think I be making this stuff up
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ArNG11
Wow. Mr. Cue I wish I could give you some advice, but you are doing everything that you need to do. Your making the case and the points that apply to your claim. Keep on trucking the way you are. Ev
Mr cue
Ok so the court hasn't extended the time for them to answer my writ. Today they are to respond. Man this is a crazy process. Guess the VA lawyer can just blow off a cavc order now. I be
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