I really can't believe this crazy stuff.

[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 

 

[Mr cue]

52 minutes ago, Whodat said:

McDonough have eyes on your situation

I would believe not because I have never seen anything like this.

You have to opt in to ama system to be removed from legacy.

I never opt in crazy part they put the nod they made me do after the first cavc remand. As a exhibit.

On the nods there is a box you check to opt in to ama system.

Well the box isn't check. 

We will see what the court do .

Just so ppl don't think I am crazy and like to fight the VA about nothing.

Here is part of the response from a bva

 

Further, Mr. Santoro averred that while Petitioner’s two legacy appeals have been merged into a single appeal stream, his third appeal, which was adjudicated under the modernized review system, was not merged with the legacy appeal.  (App. A).  He explained that “[t]he Board does not adjudicate legacy appeals and modernized appeals in the same Board decision as they involve two different legal systems with different appellate procedures, appeals periods, and evidentiary records,” and that there are “different tracking and Congressional reporting requirements” under the legacy and the modernized appeals systems.  Id. (citing to 38 C.F.R. Pt. 19, and Pt. 20 for the differences between two appellate systems and to 38 U.S.C. § 7101(d) (tracking and Congressional reporting requirements).   

Ok here is the court order from August 31 2022.

Because the Court's remand for further adjudication of the psychiatric disorder effective 
date issue may change the factual predicate on which VA determined the proper effective date for 
the award of SMC at the housebound was based, it holds that the issues are inextricably intertwined 
and that remand of the SMC housebound rate effective date is likewise warranted. See Smith v. 
Gober, 236 F.3d 1370, 1372 (Fed. Cir. 2001) (explaining that, "in the interests of judicial economy 
and avoidance of piecemeal litigation," claims that are "intimately connected" should be 
adjudicated together); Henderson v. West, 12 Vet.App. 11, 20 (1998) ("[W]here a decision on one 
issue would have a significant impact upon another, and that impact in turn could render any 
review by this Court of the decision on the other [issue] meaningless and a waste of judicial 
resources, the two [issues] are inextricably intertwined." (quotations and alterations omitted)

So if you can see to not address the Many year of retro they be are try to keep my effective date for smc s and l in ama system which has different rules.

It crazy.

So basically I am fight to get the bva to follow the cavc remand order.

We will see if the court will enforce it own order on the bva.

 

[Mr cue]

This VA stuff is really getting to my mental.

I have been feeling really down I have no spunk in me.

There isn't anything else I can do to get them to address my case..

The cavc judge has not rule on my petition. Been with the judge since Nov 22.

Call VA been told they wait on some one to sign so the decision can be send on the effective dates for smc yea right.

Been told the other appeal isn't with a judge  it say judge decision soon on e benefit 

But I guess that a lie.

Been like that since Sept 19 so no one will tell me what going on with this appeal now.  Guess they will tell me about a cavc remand one day.

Case advanced and still I can't get anyone to tell me anything.

 

I can't even tell you what issues they are working. Just we are working the cavc remand. Smh.

The issues on e benefit make no since 

It just show all the increase rating I withdraw nothing else.

 

I really got to get my mind off all this because I don't see anything been done until apt may.

Because the next fight will be get the case return to the bva. The regional

 office is just going to hold it and play the comp exams game. I will refuse they will not even denied it so it go back to the judge just  like last time.

I will have to do a petition again to get I return and the board isn't going to address anything again.

Back to the court A 3rd time to be remand again for the same thing.

 

I really am losing faith in the cavc they are not going to even enforce there remand order.

An tell me I can't get the error fix on appeal again.

Basically I fought a cavc case to be told we are not doing what the court said. 

The VA lawyers lose the case. Smh

An we are going to hold the case until the court tell us other wise. Again.

Ok I am done venting for the day smh

 

 

[Whodat]

This is the way of the of the VA and the world as of today. The VA our Government has hired top of the line lawyers or representatives to find a way to delay or deny vets. They will find a way to do just that. 

Reminds me in the 90's where Leonard vs Pepsi for false advertisement. Pepsi advertisement was to collect 7,000 Pepsi coins and win a jet. But since Pepsi has top dogs, Leonard walked away with nothing.

VA advertise that they will take care of Vets. They do take care of some but most have to fight like hell.

[Mr cue]

19 minutes ago, Whodat said:

The VA our Government has hired top of the line lawyers or representatives to find a way to delay or deny vets.

I am starting to believe they hire to many new ppl who were not train.

Some of these errors now are just to crazy.

I believe they put the ordering of exams on the rater. Ever time they say you need a exam your case is put on hold 30days.

An it go back in the que.

Next agent get it and do the same thing.

No one is addressing this.

Just to much new stuff for me this will be my last fight. I can't take it.

[Mr cue]

Woke up feeling down again I got to shake this.

 

When I get this rule on the petition for relief. 

I am done fighting the VA over removing appeal from legacy to ama without me opt in  I will just let them do whatever.

An just take it back to the court and let a lawyer handle it again.

Because I don't believe the court is going to address there order or enforce it.

I refuse to keep sending statement to the VA and they don't address them or anything 

I think this is messing with my mental the most.

So I will be just sit back waiting for there next move. Which will be the exam game again.

I will refuse an they will not denied it or send it back to the bva for months again.

I will be doing a new petition for relief to get it return to the board like last rime

Then the board isn't going to address anything. An we will be back at the court around the end of the year.

Ok done venting  think I am about to look for a new apt think I need a new start to shake this off.

[Mr cue]

Lol this is just crazy so I look on VA.gov to send if the bva judge made a decision on my cavc remand.

Well the effective dates appeal for smc that they are trying to process in the ama system.

No longer show under the issues. There is nothing under the issue tab.

The legacy appeal now say increase rating for my 20 year rating. Lol the cavc remand has nothing to do with a increase rating. This is crazy.

So I guess I will now be fight this.

All this for effective dates for smc benefits. 

I could even tell you what the VA is working on now.

But both cases are with different bva judges.

I am going to sit back and just let them play there game there isnt much more I can do. But try to speed up the denied.

Because they are not going to address my case again.

2 cavc remand and I still can't get a proper decision crazy.

Maybe the 3rd will be the charm.

The cavc judge should be sick of all this.

But I am starting to feel they aren't going to address it in my petition.

Just venting.

Crazy I can't even get a answer to if they are processing the proper issues.

All to add more delay