Want to understand why VA seem to get eed wrong

[Mr cue]

It is my believe and experience that the VA are changing docket number after bva remand to them.

It about the wording in the bva remand order.

Bva judge call your appeal issue a down stream issue.

 use the words grant In the first instance.

The board granted the issue with no rating.

The ro Grant 10% your case should be return to the board front of the line if you disagree.

The regional office will start a whole new appeal stream 

All these thing will get the ro to have you new nod VA form 9 to get the appeal return to the board.

When it should be automatic be send back 

Now when you do the nod or form 9 the regional office is taken them an starting new appeal streams.

Now when you bva remand is send back to the board it at the end of the line.

An you are waiting years now say you case gets granted.

The effective date will be the date if the new nod or the VA form 9.

This is my first seeing this move smh.

But I bet this is how they clean up alot of legacy appeal on there books.

Because this new stuff is crazy 

I got  appeal that I been fight since 2019 remand  by the cavc to the bva.

I now have a 2023 docket number I can't make this up.

I am 70000 in line they don't even address it as. Cavc remand anymore Crazy 

[Jake206th]

On 2/2/2023 at 2:05 PM, Mr cue said:

The appeal is to be return to the board front  of the line. By law

Yep, substantial compliance.

A remand by the Board or Court confers on the claimant a legal right to substantial compliance with the remand order. Donnellan v. Shinseki, 24 Vet.App. 167, 176 (2010); Dyment v. West, 13 Vet.App. 141, 147 (1999); Stegall v. West, 11 Vet.App. 268, 271 (1998).

 

And I have read where the VA counters a Veteran's substantial compliance argument by using a harmless error argument by saying that they were substantially compliant because the error was harmless to the Veteran.

 

Shinseki v. Sanders, 556 U.S. 396 (2009).  This rule of harmless error stands for the concept that even when the BVA commits an error, if the outcome is not affected by the error -- if it does not affect a substantive right of the veteran -- the error is deemed harmless or non-prejudicial

 

28 U.S.C. §2111. Harmless error

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 3, 2023 by Jake206th
Forum posting not working correctly, double posting in message body

[Mr cue]

VRJake206th I will say you have in light me more to the law on this.

I will be using some of this info when my appeal is return to the board in my arguments

They are not going address it but the cavc will.

Yes I am waiting on the cavc court to address it or denied my writ.

Then I will filing the appeal to the federal circuit court. This will be my first time doing this.

Because I feel this legal questions need to be answer. 

This is a injustice to veterans and is causing undo dely to veterans remands.

I will see if a lawyer wants the case once I fill. If not I will do it alone.

Like me they have remove  my cavc tracking and expidate treatment.

Grove v Nicholson precedent address how cavc remand are to be treated 

My case with the 23 docket number isn't listed as a cavc remand anymore.

They are tell me I have to request to have it advance on the docket again.

This is the 3 advance on the docket due to there errors.

I just want veterans to  be aware of this.

It can add years to a cavc remand or bva remand.

Guess we all understand how all the legacy appeal are disappearing now. An it aint because they are making decisions.

They are cooking the books