VA Fraud Against a Veteran

[Lemuel]

Has anyone seen a case on "VA fraud against a veteran;".  Appears in a profile of an attorney who sent me a letter for representation of my appeal of my BVA decision.  Bray v McDonough, Docket no. 23-1587 in case you want to follow the case.  I will update on this thread.

Edited March 25, 2023 by Lemuel
left out VA

[Lemuel]

18 minutes ago, pacmanx1 said:

There are times when the CAVC will say BS readjudicate the veteran's appeal. 

See: Stegall v West 11 vet app 268 (1998)

Problem in my case, it was not in the form of an order.  More of a recommendation.

[pacmanx1]

6 hours ago, Lemuel said:

Problem in my case, it was not in the form of an order.  More of a recommendation.

Your CAVC appeal is just beginning, and you still have some time to go, your attorney hasn't even written his brief. Sorry Stegall doesn't come into play until after your CAVC remand order, but you can ask your attorney about the BVA memorandum. Did the BVA follow their own remand order? 

Edited March 28, 2023 by pacmanx1

[broncovet]

There is a cavc case, which I posted years ago, where the VA "fraudently" modified the Veterans exams so that they were less favorable.  I can almost remember the (CAVC case's name) as I seem to recall his last name sounded like a motorcycle.  (maybe a motorcyle brand, Honda, Harley, etc) But its not coming to my noggin.  

VA was not punished for the fraud, and its not completely clear the Veteran even won!  It may have been a remand.  

[Lemuel]

2 hours ago, broncovet said:

There is a cavc case, which I posted years ago, where the VA "fraudently" modified the Veterans exams so that they were less favorable.  I can almost remember the (CAVC case's name) as I seem to recall his last name sounded like a motorcycle.  (maybe a motorcyle brand, Honda, Harley, etc) But its not coming to my noggin.  

VA was not punished for the fraud, and its not completely clear the Veteran even won!  It may have been a remand.  

I will try to find it doing a docket search.  Your post reminded me that I can search by attorney name.  I would also try Harley.  Knew one in the Navy.

My fraud is the refusal of the VAHA to provide evidence to the VABA and to me for a second opinion on the readings (reports) which were incomplete.

[Lemuel]

Search for Harley found a possible result but the case documents are not able to be downloaded.  There are two possible.  James R. Harley is the most likely in Harley v Nicholson, vet app. 05-1037 because he was awarded attorney fees on a remand.

[Lemuel]

9 hours ago, pacmanx1 said:

Your CAVC appeal is just beginning, and you still have some time to go, your attorney hasn't even written his brief. Sorry Stegall doesn't come into play until after your CAVC remand order, but you can ask your attorney about the BVA memorandum. Did the BVA follow their own remand order? 

The BVA did not follow their remand orders in the previous decision apparently thinking they were mute because I was granted TDIU back to 1985 in 2020 with an EED 2 years before my extra-schedular claim that was not processed by the Los Angeles VARO.

The examination orders were not as remanded but were limited.  For example, the order for the wrist did not include the articulation of the thumb metacarpal with the carpal joint. 

The TBI examination was abbreviated in the order and was not within 50 miles plus would not provide housing for the extended stay necessary to do a full examination during COVID.