Bva Appeal

[GuaymasJim]

After stagnating for more than 4 years, the Houston RO has informed the veteran that his appeal has been forwarded to the Board of Veteran's Appeals (BVA). This information came via IRIS. Several days earlier, also via IRIS, Houston RO said that the claim had been submitted for a DRO. And just several days earlier, Houston RO, also via IRIS, stated that the claim had been handed over to the Texas Veteran's Commission which has not been the veteran's POA for years. The veteran has received no other communication from the Houston RO what so ever.

Here are my questions:

1. How does a veteran find out exactly where his/her claim file is physically and exactly where it is in the appeal process?

2. Does the BVA confirm receipt of the appeal?

3. Does the BVA send the veteran any type of "package" concerning the BVA process?

The veteran has done the wait patiently thing with the only result being the passage of time. The "last adjudication action" according to the Houston RO was the May 2006 receipt of the veteran's Form 9 appeal including a request for an "in person" hearing with a traveling Board member.

Any information would be greatly appreciated!

Edited October 12, 2010 by GuaymasJim

[GuaymasJim]

Thank you all for the replies. This claim is the most screwed up claim I have ever ever come into contact with!

Yes, Berta, something is definitely wrong with the claim! However, since they will not communicate with us we cannot seem to find out exactly what.

In 12 years he has received dozens of PTSD dx's from the VA and private providers. His original (1998) claim has some run of the mill stressor claims, but nothing that could be verified. During treatment for PTSD, other stressors were disclosed and explored. Two absolutely verifiable stressors were submitted. One a infamous fragging of an E-Club as well as rocket and missile attacks. The rater denied the fragging because his unit was not at the location of the fragging--Camp Books at Red Beach north of Danang. Well, too our surprise the rater misread the acronyms in the veterans service record and low and behold his unit was billeted 100 yards from the club! The veteran has a witness statement confirming his presence at the fragging. The VA considers the witness statement to be "credible", but the veterans statement is "not credible" because he did not tell the truth about which unit he was with. It is just completely bogus and the VA doesn't want to admit to their mistake which was repeated in another SSOC several months ago.

The VA has verified the rocket and missile attacks which occurred when he was with one unit, but will not accept the fragging because it was a different unit. However, his SMRs clearly show his transfer to the new unit three weeks before the fragging. Many news articles and the Court Martial Preliminary reports as name the correct unit and location, but the VA won't budge.

Once the one stressor was verified, the VA ordered another C&P which changed the long standing PTSD dx (with other co-morbid MH conditions) to mood and personality disorders and made absolutely no mention of the previous dx.

While in a library using the internet, the veteran encountered another veteran who was also appealing a PTSD denial. His claim/appeal is at the BVA and his Dear Appellant letter says it has been docketed. The problem is the the other veteran's claim is YEARS more recent. I should note that the other veteran's appeal contains a support letter from a sitting Member of Congress.

Via IRIS we were told that the appeal "was certified to the BVA" on July 23, 2010, but a call to the BVA says his appeal is not there and that his claim file is still in Houston. They just don't seem to want to have the BVA look at the facts. We have re IRISed several times, were promised phone calls that never came, and now the VA has stopped responding to the IRIS. In fact, the most informative IRISs have been somehow removed. Thank heavens for Adobe Acrobat, because we have pdf copies of the entire exchange including the promises and "was certified to the BVA on July 23, 2010" IRIS response.

VARO Houston just refuses to forward the appeal to the BVA and refuses to explain why. It is very frustrating!

Pete, this veteran is moving away from Texas just as soon as his appeal is docketed. His bags are literally packed! He's had it! (pun intended) I use VOIP (Vonage) here in Mexico. The only problem I have had is that it connects to the "land line" in New Jersey, so I can't reach my RO in Phoenix from here. The work around is to call my Senator's office and have them call the RO. Works for me.

If anyone has any suggestions, we would sure like to hear them.

Thanks again.

[carlie]

Jim

Did you try the BVA Ombudsman's office number I posted for you ?

Was it of any help ?

[GuaymasJim]

Yes Carlie I did call. The appeal is still in Houston with the RO "appeals team". We were promised a call from the "appeals team leader" on Tuesday or Wednesday "at the latest" of last week who would explain why the appeal which was certified to the BVA on July 23, 2010 is still sitting in Houston while other newer appeals are getting forwarded to the Board and docketed ahead of this veteran's appeal.

I didn't get a chance to speak to Walter, but the woman who answered was one of the most pleasant VA people I have dealt with. She explained the processes and approximate time lines for the three types of hearings. In person traveling board-once a year. Houston February 2011 Veteran is not scheduled for February even though his request for an in-person hearing dates back to 2006. Video conference more frequently-- Veteran has rejected a video hearing. Hearing in front of the board in Washington DC now being scheduled for March 2011. The RO handles the scheduling for the first two types of hearings. The BVA schedules the hearings in Washington DC--but unfortunately not until they actually receive the appeal which sounds logical and reasonable to me.

The veteran has a meeting with Senator Kay Hutchison's staff next week, where in intends to show the continued delays and screw ups made by VARO Houston and see if he can get his appeal forwarded and docketed. Once that has happened, he has indicated that he would fly to DC if that is what it takes to get heard. From my reading and culling of the evidence and the VA statements, the guy has a very valid claim. I have spent literally hundreds of hours going over his claim file, private and VA progress notes, SOC, NOD SSOC etc. which is something neither his former Texas Veteran's Commission nor his SSA attorney was willing to do. All of the evidence is there. 68 (and counting with the last being two weeks ago by the head VA shrink) different PTSD dx's from virtually every provider who has treated him. The only one who disagrees is the latest C&P examiner. Prior to that he had two C&P exams with PTSD dx's. As I said before, several of the PTSD dx's also list co-morbid MH conditions none MDD, Anxiety Disorder NOS, Personality Disorder NOS, and the newest Mood Disorder NOS. I should note that the latest C&P examiner stated that he had consistent multiple personality/mood disorder dx's and never acknowledged a PTSD dx. His SOC SSOC's never question the PTSD diagnosis, they just deny on the grounds of no verifiable stressor. He was awarded SSDI in 2005 based entirely on his VA provided medical records!

I suppose he has some decisions to make about the hearing he wants, but my recommendation will be that he wait until he speaks to the Senator's office.

He is asking me about a Writ of Mandamus. If a veteran decides to submit a writ, which court does it go to? COVA?

Thanks all!

[carlie]

The veteran has a meeting with Senator Kay Hutchison's staff next week, where in intends to show the continued delays and screw ups made by VARO Houston and see if he can get his appeal forwarded and docketed.

He is asking me about a Writ of Mandamus.

Thanks all!

Jim,

I would not even consider a Writ at this time as he is now scheduled with the Senator's office.

[GuaymasJim]

I agree. My advice to him was to wait and see how the Senator's staff responds to him. Hell, in the mean time, the "appeals team leader" might even call and tell him that he is being rated for PTSD at 100% with an effect date of 1970 or he might win the lottery. (Just kidding!) It is my understanding that a Writ seldom succeeds on its own, but often the named agency does what the Writ asks for before being ordered to so by a court. To me that is a success. All the guy wants is to have his side of the argument heard by someone who is not part of the argument. Personally, I don't think that is too much to ask for. As a matter of fact, that is the process due him--as in due process.

[Pete53]

I did not have much luck with Texas Senators.