Is this legal?

[Scout Swimmer]

Brief summary of claim.

Issue's ON BVA remand. Asthma, migraines, and all other respiratory conditions (bronchiolitis, sinusitis, rhinitis).

Regional Office denied migraines March, 2016. Granted Asthma March of 2016. (1 day after denying Migraines)

Received Statement of case. Notice of Disagreement sent day 3 and verified of 30 day response deadline.

Note- On the NOD, we specifically asked the RO to further develop a nexus for migraines being a secondary to asthma (which was now granted) We also wanted them to address the other breathing conditions mentioned as per remand order.

Yesterday (5 months later) after being told it was being further developed  at the RO, we find that the file was sent to the AMC 1 day after the statement of case was dated. This is a violation of our due process of 30 days to respond. Moreover, from the AMC it was certified back to the BVA. We didn't have written notice which is a another violation of law.

Luckily we found this out now so the BVA has our notice of disagreement. (I hope)?

TRICKY TRICKY!!!! 

 

Edited September 16, 2016 by Scout Swimmer

[Fat]

NEVER GIVE UP