Bva judge has spoken

[Mr cue]

Sorry to have to post again but I post the pages wrong

 

Well I got the bva remands.

First you can't refuse a exam the bva judge has stated I refuse anymore exams.

Get a medical opinion based on my record with out a in person Exam. And listed the evidence to be address by the medical opinion. I say that a win.

They now have to address that my mental health has been in appeal status since 2001. Win. Smc l or s 

They still try to not address how I reopen the mental health appeal tho.

Service records from 1993. Lol we tackle that later.

1993 effective date not 2001. Smc l or s

They now have to address my loss of use. Win. All that evidence listed. Win.

Only thing I don't like is that they are try to make me do a new form 9 to continue my appeal after the soc.

This is how they play all the docket numbers game.

But I don't see them playing with the docket numbers again.

Because the judge stated everything is intertwine. An need one decision 

I don't see no more exam games been play. Just the wait for the medical opinion.

The examiner going to not address the evidence the judge told he.

Watch this. They are going to try the exam game with the medical opinion. I got this tho.

Only think they are playing with my smc l for the mental health. I had a dro hearing and was send to exams after the hearing 2019. Favorable.

This give me the smc o and r 4 years 2 cavc remands and they aint address it in the remand order. Smh

One again they are just leaving one of my appeals in appeal status. But I work on that later. If they don't address it or the bva judge.

Back to Cavc .smh

But all in all I am happy with the results I just now have to get them to address it fast.

My case is advance in the docket.

So let's see how they try to delay it.

 

 

 

 

 

 

 

 

Edited December 18, 2022 by Mr cue

[Mr cue]

Ok here is the rules for loss of use.

They keep doing this send my case to a examiner to make the determination to delay my case.

The judge listed all my evidence and the specialize loss of use exams order.

Now I bet they drag getting the medical opinion if they denied it will be remand by the court again. Smh.

They have to give me a soc address the pending appeal from 2003. They are go to drag this.

Then make me do a new from 9 to continue the appeal. An start a whole new appeal with new docket number again. This remove it as a cavc remand so I lost expidate and it remove my advance on the docket. They will make me do a new one. 

Smh same fight over and over.

The more I read this remands order it to just put a hold on my case. They are not going to address anything..

Until this medical opinion and soc is process which doesn't take long. I say 4 months if they playing with getting the medical opinion.

Ok I am done venting this morning.

I got 90 day to do a bva recosideration I am thinking about it because this is developing to denied. What one medical opinion will be used over all my evidence listed. I make no sense 

Responsibility for Determining LOU The responsibility for determining whether there is loss of use (LOU) of an extremity

• rests with the rating activity, and

• cannot be delegated to the examining physician.

c. Information to Request From an Examiner to Determine LOU When requesting an examination to determine LOU of an extremity, ask the examiner to furnish a

• detailed objective description of remaining function

• quantitative assessment of strength for each extremity involved, and

• description of any pain that affects use.

Do not request that the examiner

• determine LOU, or

• express an opinion as to whether there is, or is not, LOU of an extremity or extremities.

Note: If LOU cannot be determined upon review of an examination report, request an appropriate specialized examination.

References: For more information on

• considering functional loss due to pain in claims for SMC, see Tucker v. West, 11 Vet.App 369, 374 (1998), and

• requesting a specialist examination, see M21-1, Part III, Subpart iv, 3.A.6.

d. Determining the Extent of Examinations in Claims Involving SMC Under 38 U.S.C. 1114(l) Through (n)

Example: A prior examination clearly established LOU of both lower extremities at a level preventing natural knee action. Do not request a complete medical examination if the only issue in question is the extent of involvement of one or both of the upper extremities. Instead, request an examination with a notation that the examination be restricted to the degree of functional impairment of the upper extremities.

[Mr cue]

Well woke up today feeling different about things the more I read over this remands order.

Ok my whole Cavc remand is based on get this soc address the appeal been in appeals states since 2003.

Effective dates for smc s and l and the effective date for the mental health.

Now they are going to hold the soc until they get the loss of use medical opinion.  Last time I wait 7 months for them to Comp shop it to lhi VA qtc.

An never got the bogus medical opinion because the examiner isn't to make the determination.

Well I am think about just withdraw the loss a use again. An if they don't fix the error it will be remand by the court again.

So the only thing I am waiting for is a soc it don't take six months for that an my case is advance.

Think I am going to give them 30 days to get this medical opinion. If in anything completed by then I withdraw.

[Mr cue]

Up early try to come up with a plan to get my cavc out of this hole they are try to put it in and bury me.

I am just get the plan ready for next month. Because I can't just sit here an accept this. Remands order 

The more I read it the less it is help me.

First the bva judge used the same remand instruction from 2021 to remand my case again.

I just fought that remand order at the cavc because I had tov withdraw it because it wasn't legal.

The judge stated I withdraw not why I withdraw. But now I want the appeal to continue.  So my case is remands to complete the 2021 remands instruction. 

Smh guess I will be withdrawing again and back to Cavc. This nuts.

It the same remand order.

They basically have my whole Cavc remand held again with this remands the reason I withdraw last time.

They even got the effective dates on hold until they give me a soc about the appeal remaining pending from 2003.

They are say they have to wait for the medical opinion to address anything in my cavc remand.

 

An then the bva judge order that  I have to do a new form 9 the 3 one to have my cavc remand back to the bva.

What happen to Cavc remand been return to the front of the lane. This is crazy.

Now they will try and act like my cavc remand is now a new appeal again. This is nuts .

An remove all my expidate treatment and tell me I have to do a new advance on the docket. Happen last time.

Same thing in the 2021 remands smh

 

An nothing is address that I send to them crazy. 

You have no communication with anyone or any way to get errors address now.

They don't have to address any thing anymore.

It's a hope game now that someone with experience touch your case an hoping they feel like address it.

Or they will just put in back in the que with a bogus hold or exam order 

 

Ok I am about to relax until the new year and I will be pulling out all of the stops after.

Last part I file a petition for relief back in October the VA response was done Nov 22. An I still ain't get a judge decision. Smh.

An the court is allowing all these decisions to be process in my case again. 

They really act like it that hard to show were a veteran opt out of legacy appeal.

Or opt in ama.

You have to do one or the other two be removed from legacy appeal.

The VA can't just remove legacy appeals to ama.

This has been a two year fight to get anyone to look or address it. Where I requested it.

The court merge all my appeals back together. Again 5/27/2022.

They will not enforce there orders or even address them smh

 

Man if you got a big case they are going to throw everything at you an hope you give up or mess up the appeal.

Or try and give you a new docket number to bury the claim or appeal for years. They been try this stuff for 3 years. Now ok I am done this morning.

 

[Mr cue]

Well after going over this with a few legal ppl and some think I will be withdrawing the loss of use bva remands again.

An appealing it back to the cavc.

First not about to let the VA shop my case again until they find a medical opinion to deny my 25 years of evidence. For smc benefits.

They send it to ever contractor for a medical opinion last time.

I refuse to have my whole Cavc remand sitting why they try this. Again.

So the first of the month I will withdraw it again.

The cavc will remands it again because this make no sense.

I am on fire after talk about this with the ppl.

Sooner or later they will address my case by law.

 

[Whodat]

Well, how about contacting Dateline or CNN and expose the VA on the delay process. 25 years is too long. I think that it's a great story. 

[Mr cue]

I have only been fight for my smc benefits for 3 year going on 4.  They keep piece ne out. I am now smc l/half 

The lawyer and I found the mental health appeal that has been pending in appeal status since 2003 once we got my record.  1 year ago. 

I was granted 70% 2018. It should now be effective 2001 the date of the pending appeal. We will see what they come up with. Don't think they want to say it was closed. Open the next can of worms. How did the veteran reopen it ..

Service records. 1993 effective date.

They been refusing to address the effective date. This is the 2 cavc  remand  on. this issue.

Now yes it has been 25 years of the VA not addressing my loss of use.

An yes I have a 25 year record of loss of use with major evidence it listed on the remand order. Yes they refuse to address 25 years of evidence.

An keep trying to get a medical opinion to denied all my evidence for smc benefits. Not legal.