Getting Decision

[Berta]

My claims are with the final rater who is making the actual decision.

I don't know whether to prepare for more battle or to prepare for a proper award.

They are deciding 6 issues- 2 claims can be rendered moot by proper AO death award.2 are Cue claims and one is a claim I filed in 2003 that has never received any decision at all.

There is no reg that can award the claim- it is an unusual claim. I asked the OGC in Washington to decide it as a legal question issue but they had no jurisdiction because the VA has never decided anything on it nor approached OGC for help in determining the legal issue involved.

I did ask the VA to change the actual reg.

If a decision is eminent on my AO death claim-- I guess they aren't going to obtain another VA medical opinion.Nothing on the radar since my remand indicates they will.

I have 3 IMOs and additional probative medical evidence against one VA IMO based on only 3-4 medical records -an opinion which also actually included support for the claim.

All that and still- I am getting out my additional IMO file just in case I need IMO # 4.

Edited May 1, 2007 by Berta (see edit history)

[carlie]

Berta,

Your right - never say never and have your #4 back-up.

I never believe anything until either a) I have the decisions in my hand or b) I've checked my

bank account and the deposit HAS been made. lol

Good luck, it will happen.

carlie

[Pete53]

No one can predict what the VA should do and what it actually does.

[tssnave]

Berta,

Keep us posted. A lot of us are rooting for you to prevail.

ts

[Berta]

My past claims took over 3 years for the same reason these present claims are taking so long-

I send the evidence many times and VA said they never got it.

The DAV said they too sent it and the VA said they never got it.

When I got real tough they found it all.

This time is different however-

and it opened a big bag of worms regarding my POA.

This time I had rights within the VCAA that they denied me.

I have written proof from the main office from my POA stating I never came into their office for years-a lie-(the vet rep did not start up my POA again the way he should have)They held my POA since 1997.

They said I received a legal VCAA letter-a preposterous false statement-

what I got in their files is not a proper VCAA letter and I proved this with my fast remand.

They claim the vet rep did give the DRO in 2005 my IMOs to consider since they had not been considered yet-although received by the VA in 2004.

Completely false per the VA itself.

They refused to support my remand request in AUg 2006 and when I got the remand in Sept 2006-they suddenly sent VA a 4138 and tried to claim they got it for me- a big lie-

These are unusual situations for any claimant to deal with and I dont know why they have been so unsupportive of me.They also threatened to drop my POA because I questioned how they do business.

I have a business dealing with my lawyer and as soon as he is done handling that I will ask him if I can take Class Action against them as I am not the only claimant that has had problems with them- but some vets dont even know yet how they are being set up for remands at the BVA all due to getting illegal VCAA notices.

I had to send the director the actual VCAA laws and regs because he didn't even know what a legal VCAA notice was.