Question On A Request For Bva Reconsideration

[carlie]

BVA has stated in a decision to me,that there are some issues in my

Appeal that are not under BVA's jurisdiction. My contentions are that the

evidence of record clearly shows this is not true. BVA does not show all

of the actions taken on these particular issues. These issues were claimed

with my VARO - denied - NOD filed - DRO hearing - DRO denial etc...

they were also discussed and in the transcripts of my BVA travel board hearing.

If I file a request for BVA Reconsideration in regards to their jurisdiction will

it just be a waste of time and effort ?

Does anyone have a BVA case dealing with jurisdiction issues?

Thanks to all,

carlie

[Berta]

Carlie- the BVA's jurisdiction is only over claims appealed to the BVA on the I-9.

Having said that- these are claims that were denied at the RO.

Claims denied at the BVA can be filed at the CAVC.

Claims that were deferred while the BVA transfer was in process, or claims that were not Nodded during the year after the decision-are not within the BVA's jurisdiction.

Claims that are still at the RO in an appeals process are not within the BVA's jurisdiction.

Also- I hope this doesn't happen often- the RO here put a claim of mine on appeal to the BVA and included it in the transfer and when I asked for the remand, as part of the legal errors that prompted my request to BVA I mentioned that the other claim on appeal had NEVER even received a decision yet nor had I gotten VCAA letters on any of the claims on the appeal.Of course- had I been docketed at BVA they could not have accepted jurisdiction on the claim that RO erroneously put on appeal.

You could file a reconsideration request on the BVA decision or ask them by letter or email for an explanation of why they could not take jurisdiction.

Hard to know in your case what their rationale was for not accepting jurisdiction.

Edited July 18, 2007 by Berta

[carlie]

Berta and all,

My contentions are that the evidence of record clearly shows that BVA does have jurisdiction to make a

decision on some of these issues.

So I still have the question of:

If I file a request for BVA Reconsideration in regards to their jurisdiction will

it just be a waste of time and effort ?

Thanks to all,

carlie

[Berta]

Carlie- you can file the Reconsideration request and state clearly- citing VA regs etc- just how the jurisdiction does lie with the BVA.

I had a similiar matter -the VA has failed to decision one of my claims filed in Jan 2003.

I asked the General Counsel if they could assume jurisdiction over it -as it is a legal question issue.

The GC told me without the decision from RO, they cannot take jurisdiction- however the RO itself should have forwarded this specific claim to Counsel in DC years ago when I filed it.

If you read OGC Pres Ops- they all come from legal issue questions that often the RO asked them to consider -in the process of handling the veteran's claim.

That is part of General Counsel's job- to define and answer legal question issues that arise during the adjudication process.

I dont think filing almost any type of claim is ever a waste of time-

if there is a logical basis and a legal basis for this motion , you will learn from the results -and one never knows what the BVA will decide.

I had a vet who denied PTSD. For many years. As a former PTSD combat group member (I was vet center volunteer) I knew beyond a doubt this vet had PTSD from Vietnam.

He was reluctant to file a claim.(I know a few vets like that)

Luckily a rep from my POA filed it for him-the rep has PTSD too and that helped my friend think about his own situation better-

HE got the diagnosis immediately from VA and soon therafter got SC for PTSD.

It just goes to show- today he could still be without the SC comp.