Ro Letter Stating...

[luvHIM]

"The RO will send you a letter stating that is has certified the claim to the BVA and giving you 90 days to submit any further evidence. ..."

I don't want to start a new thread on a topic already discussed, however, I am not able to find an answer to my specific question. So, if it has been discussed here before...forgive me, and just point me in the right direction.

The above quotation is from my hadit.com search. I've been searching for two days now. But I still can't find anything that provides me with an answer when the RO DOES NOT send you a letter stating it has certified my claim to the BVA.

At what point should I have received this "particular" letter? I'm supposedly being scheduled for traveling board hearing in Oct 2007. I have yet to receive any such letter.

Also, I was told I could continue sending in "new and material evidence" by the reps at the 1-800# until I have an actual hearing date (specific date in Oct 07)...is that the case?

Edited August 11, 2007 by luvHIM

[Josephine]

At what point should I have received this "particular" letter? I'm supposedly being scheduled for traveling board hearing in Oct 2007. I have yet to receive any such letter.


Also, I was told I could continue sending in "new and material evidence" by the reps at the 1-800# until I have an actual hearing date (specific date in Oct 07)...is that the case?

luvHIM,

I am not sure about the letter, I would not be too concerned about receiving it. This is only my opinion.

I would be concerned about sending any and all information to the BVA as soon as possible.

Yes, you can continue to send information. In fact, I faxed my information to the BVA . They will be happy to give you their Fax number and be sure to keep a copy of the cover letter.

Sometimes it takes a while for the mail to travel to the correct department when you mail evidence in with such short notice, as they will need time to read the information that you send before your hearing date.

We are kind of setting here at the middle of August and this does not give you long to get that material in.

I know that when my claims file went to the BVA, I mailed my first information and it took so long that I knew that it was lost in the mail.

I faxed the same information to them and they did eventually receive the first one, but if you prefer, you can mail it and fax it also.

Better safe than sorry.

If you think that you have important information, that you feel might have slipped out of your claims file at the Regional Office, you may wish to include this also.

This is only my opinion, others may have more expert opinions for you.

Good Luck with your hearing and Be Calm and Be Prepared.

Always,

Josephine

[Pete53]

When you Appeal the Decision and send in Form 9 you will get this letter. If it still needs to see a DRO or be reviewed at the RO you won't get the letter. It gives you another chance to send in evidence and they will also wait for your SO to send in a letter stating why your claim should be granted.

This is very tricky cause if they don't have everything they want they will delay sending your claim to the BVA. Trust me they kept sending me that same letter every 2 months for over 2 years. I found out that my SO had transferred to Houston and my file and many others sat on his empty desk for over 2 years.

[Ricky]

You will get the letter ONCE the BVA has asked for the file which is normally about 3 months out from a hearing date. Just because the RO is telling you that you are BEING scheduled for a hearing does not mean that it will happen. The BVA has its own hearing calander and will notify the RO of the date and ask for the file. IF you do not receive the letter and attend a hearing then I am sure that you could file a CUE if you had new or additional evidence that would manifestly change the outcome of your BVA review.

[Berta]

I am stuck on the wording in the quote-

as I recall the RO sent me a letter saying my claim had been 'transferred' to the BVA.

Maybe it said certified to the BVA -I dont recall-but I thought it said I had 90 days-

However I had obtained an additional IMO and also wrote to the BVA asking them for immediate remand as my VCAA rights had been violated.

My remand took a few weeks- and the RO is working on it all now-

Did you get a legal VCAA letter and did you comply with what the VA asked for?

Did the RO also send you the election notice to choose Box one or Box two, copy, sign and return to them?

If the VA failed to provide you with a legal VCAA notice (as they have failed in thousands of claims cases already ) when your BVA docket comes up- over a year or more down the road- your claim will likely be remanded back to the RO and back to square one-anyhow-if the VCAA was violated to your detriment-

back to where you were when you got the transfer or certification to BVA letter from the RO.

The VBM 2006 edition page 978 states that when a claimant requests a traveling board hearing " the case is placed on a hearing docket that is maintained by the RO. Hearings are scheduled based on the case's docket number at the BVA."

Do you already have a BVA docket number?

Where did you get the Oct 2007 date from?

Traveling Board hearings take so long- and often depend on reschsduling etc- that these factors are "significant" drawbacks to requesting traveling board hearings per the VBM (NVLSP)

Also the VBM states that the RO must notify both the claimant and their POA 30 days before the hearing date.

If the VA said in writing-Oct, 2007 that is a letter of formal notification to you.

I just realised Ricky explained this all quite well-

but as long as the claim is in appeals there is no basis for CUE.

Maybe the BVA itself could give you some idea of the docket and hearing date-in the few weeks my claim was at the BVA I found the law clerks and people there to be incredibly proficient.I stayed right on top of my remand request until it happened.

The BVA employees can read.

Edited August 11, 2007 by Berta

[luvHIM]

When you Appeal the Decision and send in Form 9 you will get this letter. If it still needs to see a DRO or be reviewed at the RO you won't get the letter. It gives you another chance to send in evidence and they will also wait for your SO to send in a letter stating why your claim should be granted.

This is very tricky cause if they don't have everything they want they will delay sending your claim to the BVA. Trust me they kept sending me that same letter every 2 months for over 2 years. I found out that my SO had transferred to Houston and my file and many others sat on his empty desk for over 2 years.

Pete,

RO received my form 9 in October 2005. NSO seems to on it when it comes to forwarding what I send pertaining to my claim. I just received a letter from the DAV Supervisor and it appears she has taken over my claim. My claim has been/still is at RO. I also received letter today indicating they were working on my request for a full copy of my C-File. The only thing I'm still waiting on is my dependent medical record from Civilian Personnel, which covers 10 years after my time in service.

[luvHIM]

Berta,

Did you get a legal VCAA letter and did you comply with what the VA asked for?

Did the RO also send you the election notice to choose Box one or Box two, copy, sign and return to them?

The first three "Duty to Assist" letters were not anything like the one I got last year. I received a letter in April 2006 concerning the March 2006 Court of Appeal decision and was offered an opportunity at that point to choose box one or two and return. I indicated that I had more information to provide (box 2), which I have been doing as I receive it (e.g., Army SMR, etc.).

If the VA failed to provide you with a legal VCAA notice (as they have failed in thousands of claims cases already ) when your BVA docket comes up- over a year or more down the road- your claim will likely be remanded back to the RO and back to square one-anyhow-if the VCAA was violated to your detriment-

My appeal was filed in October 2005. I have been waiting for two years (almost) for this BVA hearing. It may be remanded. But if it is, it will not be just for "illegal" VCAA letters.

back to where you were when you got the transfer or certification to BVA letter from the RO.

I have never received this letter. I requested a complete copy of my C-File and was notified by letter (rcvd today, in fact) that there was a lot to my file and they are working on it. Ususally, letters from RO have like a stamp signature they use. This letter was actually signed by the VARO service center manager.

I've been very vocal and in written correspondence about the way my claim was incorrectly adjudicated. Not based on my own reasoning. But according to there own laws and previous BVA decisions from the archives.

My NSO's supervisor has already called me twice and sent me a letter also indicating that she will be the one overseeing my claim from this point on.

The VBM 2006 edition page 978 states that when a claimant requests a traveling board hearing " the case is placed on a hearing docket that is maintained by the RO. Hearings are scheduled based on the case's docket number at the BVA."

Yes, this is what I was told last year, as well.

Do you already have a BVA docket number?

YES, I do have a docket number. It was assigned in November 2005.

Where did you get the Oct 2007 date from?

There were two suspense dates indicated and one had passed. 1-800 Rep asked supervisor about the recent suspense date. Supervisor stated that my claim file was being prepared for the BVA and a hearing would be held in October 2007. But the actual date was not known because BVA will have to determine the actual date in October. I re-confirmed everything with my NSO.

Traveling Board hearings take so long- and often depend on reschsduling etc- that these factors are "significant" drawbacks to requesting traveling board hearings per the VBM (NVLSP)

Also the VBM states that the RO must notify both the claimant and their POA 30 days before the hearing date.

If the VA said in writing-Oct, 2007 that is a letter of formal notification to you.

Nothing in writing, yet; except for letter from the Veteran Service Center Manager.

I just realised Ricky explained this all quite well-

but as long as the claim is in appeals there is no basis for CUE.

Maybe the BVA itself could give you some idea of the docket and hearing date-in the few weeks my claim was at the BVA I found the law clerks and people there to be incredibly proficient.I stayed right on top of my remand request until it happened.

The BVA employees can read.

I did call the BVA. They confirmed my docket number and stated that RO still had my file and the traveling board was scheduled to travel again in the fall. But the woman I was speaking to could not give me an actual date.