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Thank U all very much for your input.

OK.. Here's my Game Plan.

On the "Appeal Process Election" paper I received it has DRO Review,Traditional Review or I want to with draw my appeal.

If I decide to with draw my "Review" do I just tell them to send it to the BVA or do I have to send it myself.

I agree about the RO"S as I had a case remanded to the RO by the BVA for more evidence ( They were suppossed to get) & it said to expedite the claim/


18 months later they finally sent it back without what the BVA asked for so BVA say's " The RO did all they could to find evidence but couldn't do it so now it's OK & not a mistake"

Evidence was from when I was in VA Hospital in 1971 & files over 8 years are retired. ( Taken off computer)

Only problem is is that the RO said they looked & couldn't find where the records were retired to. Hence, the records may as well not exist.

I contested this but was told that everything they could do to find records had been done so now it was OK. DUH

About the same as VA Math. First it's a mistake & second time around it's OK.

So, what I need is some advise on how to get my claim sent to the BVA & forget about the NOD I put in at the RO.

Any help greatly appreciated.


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Gary- with the decision that also included the DRO election form- I think they should have attached the I-9 -for the traditional appeal process at the BVA---and then they would have given you a choice. ????

At least that is what I got. Was the NOD filed on the very last decision they made?

Or do you mean you are filing a new NOD?

When I elected the DRO review I supported it with a NOD and some evidence.


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  • HadIt.com Elder

My SO had me sign a statement saying there was no further evidence to consider and to consolidate all the issues I have on appeal and send the file to BVA for ajudication. I am waiting now to see what happens.

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Gary, one thing you might do, is ask for a copy of the request for records letter and a copy of the letter saying they could not locate them from the person stating this.

You can also make your own inquiry of the VAMC that had your records and inquire as to where the records were retired to, then send your own request their for your records.

Don't leave it all up to the VA to do right, do what you can, to aquire your own copy of your records. If need be as for the assistance of your elected official of your state, a Senater or Rekpresentative to inquire as to the location of these missing records.

If I had know how to argue my claim 30+ yrs. ago, I would have seen to it, that my personel evaluation records and letters approving advancement, along with receiving one of two remommendations to an advanced training school and subsequest evaluation upon completion, to show that one diagnosed with a personality disorder could not possibly have this type of record, making sure they were a part of my C-File.

Since these records were not a part of my C-File, They could not considered the complete records, nor could the VARO Examiner, having only my medical files and my own admitions to support their claim of a personality disorder and denying my claim.

Good luck locating your records, they may well be lost, since the VA is involved, but you may still locate them if you do a little leg work of your own.

Jim S. :rolleyes:

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