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Legal Recourse Regarding Due Process


I have a claim with two issues one is for PTSD, the other which was an ongoing percentage increase for my lower back.

BOVA vacated both issues in 1998 due to not being afforded a Neurologist and an Orthopedic Surgean as well as a Psychiatrist to test by the guidelines. It was remanded back to VARO to have these done.

In 1998 I went to my C&Ps and was denied because they said I did not go even though they received the information. I proved I did go and BOVA vacated that decision and remanded it again in 2001.

I was then again sent to my C&Ps. Both were denied due to VARO not following the guidelines set in the remand. 2004 the THIRD TIME and 10 years later BOVA has again remanded it back to VARO to follow the the guidelines set in the remand from 1998 which again states I am to see an Neurologist and an Orthopedic Specialist which they continue to diregard. My last C&P for my back issue was done in 2008 by a general practioner and a later followup by an ARNP.

My C&P for my PTSD was done correctly in May 2009, but when I got the statement of the case, in May of 2010, I found they mislead or misquoted the examiners comments and again reverted back to previous examiners that already had been vacated from the 2004 remands due to the examiners not following PTSD exam guidelines.

Now I Denoved this statement of the case to VARO because they still disregarded BOVAs remand set in 2004. I found out in August of 2010 that VARO has sent my claim to BOVA anyway after doing the denovo.

Now once again I will have to write a statement to BOVA to request they vacate the back issue due VARO's gross disobedience and blatant diregard for BOVA's remands from 2004, 2001, and 1998.

How many remands and vacates will BOVa allow VARO. They are clearly going against what Washington is requesting and there seems to be no penalties or time limits set upon the VARO. though I had due process but obviously I was wrong. Has anyone ever been successful is arguing that VARO should do what Washington BOVa instructs them to do. I am getting older and this is so blatant and unfair that VARO just keeps sending me to ARNPs and Practioners for my back and the only time I did get to see a Neurologist and an Orthopedic Surgean was in 1998 and the VARO said they never got the C&P exam results. They just blew me off and first said I did not go to them and then later I proved I did and they just never could find those results(HOW ODD) This was why BOVA remanded in 2001 because they saw they I did go to those appts.

They continue to screw me over and what recource do I have. Is there something I should state explicitly in my statement to BOVA this time that will help my case? I have had 3 remands and vacates coming up on 20 years. Is there any legal recourse against VARO who continues to disregarg BPVA remands??? VERY FRUSTRATED!!!!!!

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You need IMO's to clear up this mess. You need doctors that you are paying to evaluate you according to the VA schedule of disabilites.

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I was told that just having IMO's that VARO would just dismiss their findings.......can't BOVA discipline VARO for continually not following the remand they placed on my case so many years ago?? They just will not do what BOVA Is demanding!!!! I don't have the money to pay for a Neurologist and Orthpedic surgeon.

I have been on SSD since 1996 and am on a limited income. I just want VARO to do what is ordered by BOVA

VARO even rejected the findings from my doctors for my SSD and would not acknowledge their findings. Do I have any legal recourse on the lost C&P back in 1998 I can prove they did get them because I came across something in my C-File that has Doctor scribbles from the exam for my back. It looks like a worksheet sent out from VARO. It has hand written findings such as flexation..degree percentages. Hard to read and no signature on the worksheet. Just wierd all together. But that was vacated and remanded awhile back and don't know if I can really go back and say I found something in my c-file regarding that C&P exam.

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If I may ask Which VARO (ATLANTA) LOL they are horrible. along with NWK ARGH Im sure you can seek out legal assistance or research NVLSP.

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Its Boise Regional.....I have gone through a couple attorneys in the far past but they have dropped the case due to it dragging out as long as it has. DAV has tried to help in the past but they said I dropped them when I went to an attorney. So they called me and said they are not going to get involved due to attorneys involved prior. So I am getting help through the only people I know and that is my local VA Rep. The local VA Rep. filed my DENOVO on a statement of the case that VARO gave me...still showing they are not going with BOVA demands in giving me a C&P with the Neurologist and Orthopedist. They did do my PTSD C&P right this time though they did not really refer to it much in the statement of the case even though the C&P favored me. They kept going on old vague statements from older exams. Twisting the truth and rewording statements. So I filed a Denovo on it. But VARO turned around and sent it off to BOVA anyway. Never let me know they were doing so either. I just got a letter from BOVA saying they have my case and will hurry up with a decision. I denoved and those turkeys sent it off ignoring it. I did get my Denovo in on time too!!! They allow you 60 days and was under that time. Had the local office do up my novo and staed everything I had issue with. So I KNOW THEY GOT IT....a real sham job on the people they are supposed to be helping.

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I think reopening with new evidence is your best bet. The endless argument with the VA about some old c&p exam is fruitless. You will die arguing about this with a remand in your hand.

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      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.

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