paulcolrain

to send IMO to RO after BVA hearing

7 posts in this topic

my question is, should i send my IMO to the Regional Office to look at ?

i brought my IMO to the BVA hearing in D.C. around 4 months ago. i asked for the bva to take over consideration of the IMO and it was aggreed by the judge to do so. but now since my appeal has still not been decided and looks as if im still going to be waiting for some time then should i send the Great IMO to the department of original jurisdiction for consideration?

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Hmm to me that sounds like back tracking a bit? I always felt that once I got to BVA I was going to give them everything I got in hopes of getting the decision I should have.

Sounds like you are just getting impatient. Give it sometime.

 

Stillhere

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yes but the last thing i want is to wait another 10 years for bva to say ro needs report to see if they have the answer

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the question is ,,, would it hurt or help? not whether or not as a veteran i was just doing my due diligence... wow some people,, we all need posative selutions when we are looking to perform our due diligence

.

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Jez. File a Waiver of review in the first instance so it doesn't boomerang back to the RO if you are truly worried. If you send it to the RO for a de novo review, why bother having an appeal? They'll promptly beg the BVA to remand it back to get another shot at denying you. Reason? Because by sending it in to the RO, you're begging them to do just that. The idea is to get a real attorney to view it, not a Legalzoomdotcom RVSR.  

Time for you and others to start reading what all these folks write who put good advice up here. I see the same questions posed every other week. The idea is to do your own research on what others have encountered already. If there is still something unclear, by all means ask a question. There's almost 19 years of accumulated knowledge in Theresa's library here and few will bother searching for it. Everybody just asks as if their dilemma has never been encountered before. I don't mean to sound rude but the idea of Hadit and my blog is a DIY approach- not a "What do I do now?  I got denied." Considering it takes VA years to get anything done, you could have a juris doctorate while you're waiting. For one thing, I know you are very intelligent, Paul. Why would you consider going backwards as Stillhere pointed out? It's a non sequitur. Getting it to the BVA is a major feat-the major feat, I might add -in our quest for justice. Justice is far more likely in the Courts above in case you hadn't noticed. 85% lose at the RO. 23-30% prevail if they appeal. For the lucky 4,000 + who appeal to the CAVC, fully 67% get a positive outcome and live to fight another day and fix the VSOs' screwups. You want to walk away from all that and go make another bomb run on the VARO? Time for an Intervention.   

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10 yrs, original claim denial on appeal, to get to the BVA? Your talking Mucho Retro $$, right. Just 4 months since BVA Hearing and you seem to be overly impatient. Why take the chance of screwing the pooch when you MIGHT be 4 months closer to a Decision? As always, your claim/appeal, your decision.

Don't take negative comments personnel, we all need other Vets to play Devil's advocate. Some of us are interested in what your thought processes were, in regards to claims/appeals decisions you've made. If you choose not to share, so be it.

Younger Vets can only learn from our failures and triumphs, if we share our experiences and personal decisions, both bad and good. Looking back 10 years, had Hadit and AskNod been on your radar, would you have handled your claims in the same manner?

Semper Fi

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