Bva Question

[carlie]

How do I deal with this from my BVA decision ?

"The veteran has also raised the issues of entitlement to service connection

for A, B, C, D, and E. These issues have not yet been adjudicated by the RO and are

referred to the RO for appropriate action. See Godfrey v. Brown, 7 Vet. App. 398 (1995)

(the board does not have jurisdiction of issues not yet adjudicated by the RO)."

My evidence shows adjudication is final on A, B, C and D.

How do I respond to this, to get BVA to make decisions on these issues.

Thanks for your input,

carlie

[Josephine]

Carlie,

I sure wish that I knew the answers for you, but I know that the others on Hadit will.

Always,

Josephine

[Vike17]

Carlie,

It all depends on what you mean by "My evidence shows adjudication is final on A, B, C and D." If you mean that from what you have received from VA thus far as far os those claimed issues indicates that they are in their final stages of being decided, meaning at he rating board awaiting a decision, then the BVA does not have jurisdiction over them.

If you mean that there has been a rating decision issued for those claims and you have already subitted a NOD for them, and you have already received a SOC, then you only need to submit the Form 9 in order for the BVA to take over. If you have received a rating decision and have not submitted a NOD and the one year appeals period is still open, then BVA does not have jurisdiction.

There are other senarios, but in general the BVA has jurisdiction over claims that have been appealed and those claims have been through the appeals process at the RO first (a SOC and/or SSOC has been issued and the claimant has sent in Form 9).

Vike 17

[carlie]

Vike,

Claims for A,B,C and D were submitted to the St.Petersburg RO.

These claims were denied by the St.Petersburg RO.

I filed a NOD on the denial of A, B, C and D to the St. Petersburg RO,

and requested a DRO hearing in my NOD.

I had the DRO hearing, the DRO transcripts show issues A, B, C and D

were discussed along with the evidence pertaining to these issues.

I received the DRO decision and it was another denial.

In the evidence section of this DRO decision, none of the evidence presented

or discussed in the transcripts is listed, it is not mentioned any in of the Reasons

and Basis section either.

It is not listed or mentioned in the SOC or SSOC's.

The form 9 - Substantive Appeal. is for amoung other things

Claims for A,B,C and D.

How can BVA say it does not have jurisdiction of A,B,C and D, claiming

they have not yet been adjudicated by the RO ?

How do I now address this?

Thanks,

carlie

[Vike17]

carlie,

The RO should have addressed those evidence before they sent the C-file to the BVA (I think I outlined this to you awhile back in a couple of PM's about your appeals). Since the evidence wasn't considered i.e. listed as evidence in any SOC or SSOC, the RO must make a determination of whether that evidence changes their prior decision. If they don't they'll send you another SSOC as to that particular evidence does changer their prior decision. Then after that, the BVA can take over jurisdiction of the claim. Does this make sense? If not, I'll try to explain it better.

Vike 17

[Ricky]

Vike - does this mean that if new evidence is submitted during the local appeals actions and is not addressed by the DRO then the BVA does NOT have jurisdiction over the issues on appeal? Boy if that is the case a claim could be drug through the mud for many years by the local RO.

In this case does one respond to the SOC and notify the RO that such evidence was submitted but not discussed/considereded or do you go ahead and file the form 9? The reason that I ask is I have an appeal with a docket number in which the RO did not list any of the new medical evidence submitted with the NOD nor any that was submitted during the processing of the NOD. Based upon your comment the docketing of the claim and preparing it for the BVA is useless as it appears they will simply decide no jurisdiction and return to the RO.

[carlie]

Vike,

The evidence Im speaking of was addressed and shown in the DRO hearing transcripts,

BUT NOT mentioned at all in the decision, SOC's or SSOC's.

carlie