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Motion for recosideration or full court review. Cavc

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Mr cue

Question

I wasn't even going to do the federal circuit court appeal.

But the more the VA play these games I feel some one has to put them on the spot.

 

 

Ok I post this for other to understand the process.

Ok I did a petition for relief to the cavc about the VA removing my cavc remand from legacy to ama.

This has been a 3 year thing I have ask them to merge my appeals back together. Nothing

Well the court has seen the error and refuse to address it.

This is a VA tactic you get a cavc remand they call the cavc remand a downstream issue or stated they are remand to ro to grant in the first instance.

 They start over the appeal process with a new docket number and date they remove the cavc remand tracking.

your cavc remand is not return to the front of line by law. It's start over at the end of the line. Years of delay 

This also why veterans get these crazy eed when they continuously appeal there issue. They changed the appeal date.

My appeals are from 2018. I got one appeal with a 2021 date and I even got one with a 2022 date now.

Ok well before you take a issue to the federal circuit court of appeal.

You must do this. Yes I am taking the issue to federal court.

Here is how the cavc choose to handle it.

 

If he receives an unfavorable agency decision 

that he believes is the result of VA's improper choice of adjudication process, such as by 

1 To be clear, the Court makes no determination as this time as to whether the Secretary is correct that an 

agency decision assigning effective dates in the first instance meets the regulatory definition for an initial decision for 

the purpose of determining whether to apply the modernized appeal process.

 

So basically the court feel they don't have to address it. An I can keep appeal to the court bva until they address it. Smh

An they don't have to explain what law allows this. The federal court will address it.

An hopefully this ends for veterans.

Because this is just crazy.

 

 

This is my motion for recosideration or full court review.

 

All my case at the court and mandate have been expidate I ask that this motion also be expidate by the court.

 

My reason have been explain in the cavc cases.

 

First the court refuse to address my issues and keep allowing the VA to violate court orders.

 

First I Never requested for my effective dates for smc l and s  to be removed from legacy appeal.

 

I never  opt in to the ama system.

 

The VA provide the nod to the court that they use to remove my effective dates appeal from legacy. exhibit o 

 

I didn't check the box to opt in on the nod it take two seconds to look at the nod the VA provide. Exhibit o 

 

 3 years of trying to have someone to address this isn't showing undo dely.

 

Why will no one address this or look at it. This is a major error and must be address.

 

The bva the VA lawyers the ro the cavc the bva judge  all have seen this nod and refuse to fix the error or address it.

 

I have been stating this for 3 years an for the court will not address this injustice 

 

 the VA has refuse to correct the error. For almost 3 years two cavc remand and two petition for relief.

 

Me asking the VA bva to merge my appeals back together.

 

This is causing delay this isn't legal 

 

This is a major error that someone needs to address.

 

Petition for relief i stated this an the court rule my petition was moot.

 

Never address that I never requested to be removed from legacy.


 

What law allows the VA to remove veteran from legacy appeal without them requesting it or opt in To ama.?

 

Please explain this is been done on purpose.

 

I will be doing a federal appeal about this and I would like the law that allows this to be done to a cavc remand.

 

No one will address or stated the law that allows this.


 

2. The cavc remand order August 31 2022 stated that my mental health and effective dates for smc l and s are intertwine and should be give one decision.

 

Tthe VA is processing the effective dates for smc l and s in the ama system. 

 

When  I never requested to be removed from legacy appeal.

 

They are now calling the mental health pending appeal 2003 a downstream issue.

 

An have  removed cavc tracking and my advance on the docket again.

 

An starting a New appeal again


 

Please explain to me how they are following the cavc remand order.

 

If the appeal are been work into two different systems an as three different appeals.

 

If they are processing the one issues  in ama and one in legacy.

 

How will my issues be given one decision if they are not process together?

 

How Will I ever get a proper decision for smc benefits.

 

Please explain to me what law allows the VA not to follow the court order.

 

 That my appeal are intertwine an should be given one decision?

 

The court refuse to enforce it order or address the VA errors or address them fixing them.

 

3. This all is appeal from 2018 that I appeal to the cavc 2019. First cavc remand. Court #

 

The bva call the effective dates downstream issue to do all this.

 

They would return the cavc remand back to the board unless I did a new nod again.

 

They used the nod to remove my appeal from legacy.

 

When didn't check the opt in box on the nod.

 

 I did a petition for relief 2021 about this it wasn't address. Court 

 

The VA turn my cavc remand it into 3 different appeals 2021. An wouldn't address the errors or merge them back.

 

Now to tell me this is causing undo dely an is been done on purpose.

 

When it take two seconds to look at the nod 

 

An this isn't showing they refuse to follow the law or address the error to cause undo dely. 3 years 

 

The court the VA the bva has all advance my case because of my need of higher level in home care.

 

Please explain or give me the law that stated my cavc remand issues are downstream issue an should be treat them like this.

 

What law states everytime the cavc remand and issue a veteran has to do new form 9 and nods?

 

I was just order to do my 3rd VA form 9 

 

This isn't a maclin appeal.

 

This is effective dates issues I appeal all issues 2021 court remand order address this.

 

First the VA refuse to address the rating now it was refusing to address the effective date for the rating.

 

How is this downstream issue please explain so I can appeal this to federal court.

 

You will not stated the law on this.

 

The cavc remand Aug 31 2022 order va to provide a soc on the pending mental health issue From 2003

 

My mental health appeal was granted 2019.

 

 the VA has now started a whole new appeal and I am be told I have to do a 3rd VA form 9 to continue my appeal to the board


 

I appeal all issues 2019.

 

 they remove the  cavc remand tracking and have give it a new docket number and refuse to return it to the front of the line again.

 

Same thing they did to the effective dates 

 

 by law all cavc remand are to be returned to the front of the Lane why are mine not. Grove v Nicholson precedent explain how cavc are to be handle.

 

VA  keep stating my issues are downstream. To start new appeal streams.

 

Were is this stated on the cavc remand Aug 31 2022 order?

 

 they have  removing my cavc tracking and advance on the docket again.


 

How is this legal no one will address it or tell me the law that allows it to be done to a Cavc remand.

 

Why is the VA not following the rule on my cavc remand.

 

4. If the VA bva will not follow the law or address there errors.

 

An are not handling my cavc remand properly who else is to address it.

 

Do to the VA errors I had 3 cases docket with the court.

 

They would merge them back or address that I never requested or opt in to ama

 

This is why the court had to merger them on the court docket. 5/27/2022

 

I will now have 3 again that will have to be appeal to the court again do to there errors.

 

An the court is allowing the VA to keep placing these not legal appeals in it docket.

 

I gave requested many times for the bva VA to merge my appeals back together. Why don't they have to address it.

 

By law should they have merge them back together.


 

Grove v Nicholson. Explain how cavc remand are to be track and handle

 

Please address this 

 

I will be appealing this to federal court

 

This is a major injustice and no one will address it.

 

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)

 

If the effective dates for smc s and l are been process in the ama system.

 

When I never requested it or opt in 

 

An if the mental health effective date is be process under a different docket number in legacy

 

An the rating for the mental health is been process under a different docket

 

How will I ever be given a proper decision?

 

How is this not volating the cavc remand order?

 

How can't anyone see what is been done. To cause undo dely 

 

This is why I ask the court to give duration to the VA to handle this about a timeline. Because they refuse to fix there error for 3 years.

 

3 years to look at a nod and address that I never check the opt in box to be removed from legacy appeal.

 

This isn't showing undo delay because of there error..

 

5. This is just evidence. I understand the court can't address a bva remand.

 

 But if the VA is volating the law and precedent I believe the court can intervene in my case .

 

First the bva judge used a false statement to reopen the same remand I withdraw 2021 and appeal to the court.

 

How is this legal. Please give the law that allows this.

 

The bva judge Stated I didn't mean to withdraw and I now wish to open the same remand from 2021

December 15 2022

 

Were is this stated in the cavc remand?

 

Were did I stated I want to reopen the same remand that I withdraw.

 

Done to cause undo dely and to try an develop to deny again.

 

 I refuse anymore exams and VA duty to assist. The first and second Cavc remand to bva.

 

I withdraw the loss of use remand 2021. The cavc remand tell the VA to address why I withdraw not reopen the same remand.

 

The VA Comp shop my first cavc remand for 7 month lhi qtc VA buffalo and VA bath ny  try to get a examiner to make the determination on my loss use

 

The rater is to make the determination by law.  they all refuse to provide this opinion.

.

 

I have had over 8 comp exams and specialized loss of use comp exam done by a VA specialist.

 

I gave a in home care plan

I have ch31 independent living records

The VA hospital notes were they were paying for aide service before the pandemic.

 

I have a 25 year record and over 4 -5 bva decision.

 

That I have ask the VA to address for smc benefits because they were never inferred.

 

Bva judge remand order Get a medical opinion without in person exam 

 

The court needs to intervene.

 

Smc benefits is grant by the record and effective by the record by law.

 

The VA is treating each smc as a individual claim 

 

If the VA refuse to give a decision when the veteran refuse anymore exams and withdraw the VA duty to assist.

 

How can you still be ordering exam?

 

Is this not showing developing to deny?

 

Why will the VA not address anytime period before I apply for smc.

 

The exams ain't to help me I got a 25 year record that I ask them to address for smc benefits.

 

Is this not showing that they are just delaying my cavc remand an causing harm to health.


 

Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)

 

Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s pro



 

I think anyone can see what is been done because they refuse to address there errors.

 

I had a dro hearing June 2019 where I was send to a comp exam to see if my mental health effect my adl.

 

The exam was done July 25 2019.

 

I has been 4 years the VA will not adjudicated the smc l for this condition.

 

Even after two cavc remand

 

 it is not even address on the December 15 bva remand.

 

This give me the smc o and r because of my need of higher level in home care.

 

How is it that no one will address and the court refuse to intervene when the court expidate my case and mandate.

Because it is causing harm to health.

 

The bva the ro have advance my case do to this.

 

But no one will address it.

 

Please address my petition for relief and give the laws that allows this all to happen.





 

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Well my motion was put in on the docket today. I ask for it to be advance.

Let see how the cavc dismiss me again without addressing my issue.

I never did a federal circuit court appeal case really having a hard time find out the process.

It really isn't much about it out there

Will posted for other when I get the info will be calling the court clerk to get a better understanding of how to file pro SE.

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