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The VA is really different these days
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Mr cue
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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