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The VA is really different these days


Mr cue

Question

Ok this is nuts.

Ok my appeal start as a legacy which cavc remand back to bva. The bva broke the legacy appeal into 3 different appeal stream.

For a whole year I try to get the VA to merge them back together.

I had to appeal all 3 bva back to the cavc and ask the court to merge them because they didn't do it. Even after I did a writ to the court.

Well here is the court order merging the appeals back with the legacy appeal. 5/27/2022.

ORDERED that the appellant's motions to consolidate are granted. All documents filed under Docket Nos. 21-7874 and 21-8150 will be transferred to, and the appeals consolidated under, Docket No. 22-1068, which remains expedited. It is further ORDERED that proceedings under Docket Nos. 21-7574 and 21-8150 are terminated. It is further ORDERED that, within five days after the date of this order, the Secretary serve a copy of the consolidated RBA on the appellant and file a notice with the Clerk certifying that the consolidated RBA has been served. It is further ORDERED that, after the RBA has been served, a Rule 33 conference will be scheduled and substitute briefing for the consolidated appeal will proceed in accordance with Rule 47(b).

 

Next the court remand my case back to the bva again and order that my issues are intertwine and should be give one decision.

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)

Ok the bva get the remand from the court only merge two of the appeals back together.

But refuse to remove the effective dates from ama system back to legacy even after the court order.

First I never opt in ama system ever I didn't check the box to be removed from legacy. All it take is to look at the nod and see this but no one will address it. Smh 

They even put the nod as a exhibit to the court. Which clearly show the opt in box not check. Lol

 

So here is the bva response basically telling the court they ain't merging them back and I will get two different bva decisions. Lol

I just be showing veterans this to understand the VA games and delay tactics.

Further, Mr.  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 so basically I am sitting here hoping the court address it own orders and enforce them.

Which isn't going to happen.

My cases have been sitting with two different bva for a month and half waiting for there decisions.

 

Many might not understand why I am fight to get my effective dates appeals out of ama is because there are different rules. In ama system

An the VA is aware of this that why they keep trying to adjudicated them in ama not legacy. Lot of retro at stake 

Sooner or later they will have to answer for this maybe after 3rd cavc remand. Smfh.

Ever seen a smc effective dates take 3 years 2 cavc remand and they still try to play games with it.

 

 

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Well another month without a decision.

Case remand by court to bva Aug 31

Case send to bva judges oct 19.

The VA is going to hold everything until the writ is rule on. Guess that a good thing.

So now I have to wait for the cavc judge to address the writ.

Which i am 90 percent sure will be rule moot an they will not address anything I said.

An rule with the VA and not even address there own court orders or remand orders.

I got it map all out the bva will remand and say my conditions have improve and they need more exams.

Did this last time I will refuse there exams and they will denied again without addressing anything or my record for smc benefits 

Because they can't use a different exam as evidence. To deny 

An I will be back at the court around Aug Sept getting it remand again.

They really got me on a hamster wheel.

For smc benefits which are effective by the record and granted by the record.

So basically they just have to address my record 

The VA is to maximize veterans claims or appeals.

Well I have 3 different bva decision 2001 2009 2012 increase rating.

An they never address smc benefits for any of them.

Now when I apply 2018 they granted them but will only address the period from when I apply.

My mental health appeal has been pending in appeal status since 2002.

They granted 70% mental health and smc s 2018.

I won 8 years tdiu retro 2012 because my appeal remaining pending in appeal status from 1993 service . I was granted tdiu 2001.

Than extra schular tdiu from 1993-2001

 

Court remand Aug 31 uptop show the court address my mental health remaining in appeal status and said the effective dates s and mental health are intertwine.

Because once they address the appeal been pending and was granted 2018.

Smc s back to 2002.

As I was writing this it don't make a difference what they do they will have to address this in my legacy appeal anyway.

Now the other part 2018 I provided the VA with service records from 1993.

They reopen the mental health granted the 70%. But will not address the effective date due to the newly found service records.

Effective date mental health and smc s 1993.

Court rule to address this.

The smc l for need of help my ex wrote statements that she take care of me back in 2001 2004.

All part of bva increase rating decisions and my record.

but they never infer smc l for the upper extremity 

I was granted smc l 2018. But the VA refuse to address any time period or there own bva decisions. For my effective date of smc l

To try and not address it they are trying to process it in ama system.

Smc benefits are different from disability claims.

Effective dates work different. But they will try to say they can't go back that far in ama system. More delay and appealing to court. Hamster wheel 

Last part smc o and r.

Granted smc l for upper extremity 2018.

Well I had a dro hearing 2019. Send to comp exam to see if my mental health should be granted smc l .

Had the exam 1 month later.

For the last 3 years they will not address the hearing or why I was send to the comp exam or the results. All favorable evidence. Because it give me the smc o and r

My last decision you don't have evidence that your mental health effect your adl. Nothing else. Lol.

Well the court remand it back to bva to address my favorable evidence.

Waiting to see how they are going to try and order more exams and never address the hearing or why the exams were order after the hearing.

This give me the smc o and r.

3 years and can't get them to address a hearing that part of your record or exam Crazy.

An my case and appeals to bva and cavc have all been advance on the dockets.

Because of my need of higher level in home care. Smh

 

I was just venting and explaining my case and fight. It might help others 

 

 

 

 

 

 

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Well had to go to hospital yesterday vitamins level drop again. 

I am starting to feel the VA is trying to kill me.

There is no way that I have been going through this for 3 years.

To get in home care help.

I have been a 100% disabled since 22 Year old.

Never came to them for help because I always live with some one who help.

The VA hospital pay for 3 days of service and told me they budget doesn't allow more days.

Social worker wrote a report and everything.

Do you think anyone address it. No

I am sitting here still with no help they are hold my cavc remand about this.

To try an not have to address my effective dates.

I never opt in to the ama system it take 5 min to look at that I didn't opt in.

And this has been a 3 year issue that they will not address.

Well I am at the point I might have to do the nursing home thing. Because I need help around here and can't get it.

I don't want to move with my daughter she a nurse.

But I don't want to bother her. This is crazy.

2 cavc remand cas been with bva judges for two months both cases.

An not one judge has issue there decisions.

So it has been 3 months since. The court remand my case.

And the bva will remand it again to add more delay.

I am getting frustrated. Smh 

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Forgot to add I have been looking for independent living place.

4500 a month how is a 100% disability veteran to afford this.

This is why they have smc r which I can't get anyone to address in my case. Smh.

I mean they have independent living record social worker records notes from the company that provide services.

They have aid and attendance comp exam.

They have the list of services provided.

For both my mental health and physical condition .

They so worry about the retro now owe that I feel I will never be given me a proper decision I believe 3 years.

I will say after this is over I will never do another claim. My mental can't take all this not following there own rules.

Everything now is to put a veteran at a disadvantage cant get comp exams results comp exam done by work comp and ssi doctors.

No direct contact with bva. All call handle by 1800.

The cavc will not enforce there remand orders. So basically the VA don't have to follow a court decision. So you will Never get off the hamster wheel now.

They aren't address favorable exams or evidence. Just keep make up reason not to accept them to order more.

It has really gotten crazy.

Ok I am done venting 

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I think you miss what I am saying 

22 minutes ago, asdf said:

Some even have their own cabins for veterans to live in.

I live by. My self need help with cook eat microwave food everyday has caused vitamin levels to drop two time in the last two years.

Luck this time I didn't have to take daily shot to bring them up.

I have problems put in shoes flip flops everyday.

Getting dressed sweat pants every day can't button my shirts.

All documents in record.

I am about to look in to this pcac stuff.

Because the hospital would only pay for 3 days a week. I had to stop because they were sending different ppl every time.

My mental couldn't take it.

I don't get medicaid because I got injury at 22 years old not work credit.

So only health coverage is VA an they are totally drop the ball on me.

Independent living you have your own apartment and the help is on site 24 hours. That what I was talk about.

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