gdsnide Posted August 27, 2007 Share Posted August 27, 2007 Berta, Since U have always given me good advice I need more. ha OK....Here's the deal. I have a BVA claim in & they are working on June '95 & say thay got my claim in JAN. 96' I have a Doc's opinion ( In writing) that I think will cinch this one. My problem is can I send new evidence to the BVA on an active case? Cause if they deny me & I file a NOD with this opinion I doubt if I'll be around to see an end to it the way the VA drags their heels. Any advice, as always , greatly appreciated. Also, if I may, what's up with the Comp ending when one is 65 years old? Guess the VA will offer to cremate U , free of charge, at 65 if they do that. Thank U for reading this ( As all the one's before} GARY gdsnide Link to comment Share on other sites More sharing options...
Berta Posted August 27, 2007 Share Posted August 27, 2007 Gary- I say a vet should send in copies ANY evidence they get ASAP whether their claim is at the BVA or the VARO- and of course by Priority or certified mail with a tracking slip. I also suggest sending a cover letter to an IMO or even a 21-4138 form to highlight the evidence and make sure they associate if correctly with the file. While the ROs cannot really confirm additional evidence received on their PCs, the BVA -with a phone call to them - can verify right away if they received this. Until a BVA lawyer writes off on a decision- a vet can continue to send them evidence. If this claim was transferred recently to the BVA and you are within the 120 days- (not sure of this- your transfer letter will explain-I think it is 120 days- and you have new evidence you can ask the BVA to remand the claim to the VARO faster than the usual BVA route- Then again the BVA might make the decision you want at the BVA- and return the claim to the VARO for a rating. A USAF vet with my same POA NYSDVA- sent the VARO additional evidence within the 120 day period or as a response to a SOC- in 60 days-forget which- her claim was transferred to the BVA without this ebvidence being considered. She immediately advised the BVA of the additional evidence and got a fast remand back to the RO. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
carlie Posted August 27, 2007 Share Posted August 27, 2007 Gary, If you send a copy of additional evidence to BVA and want them to consider the evidence on their own, without first remanding the new evidence back to your VARO for their consideration -- then you will need to fill out, sign and submit a Waiver of VARO consideration on this evidence. Good luck on your claim. jmho, carlie Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
cloudcroft Posted August 27, 2007 Share Posted August 27, 2007 (edited) Gary, Yes, send it in IMMEDIATELY if not sooner! :) IIRC, it is only when your case gets to the CVA level does your claim become "sealed" and no more evidence is allowed...you're not there yet so send the doctor's opinion/statement in ASAP. [Of course, be sure to make copies of that important document for your records in case the VA "loses" it as they are prone to do on occasion] Good luck, -- John D. Edited August 27, 2007 by cloudcroft 70% TDIU/P&T Army - RVN - 1969-70 (10th Cav/4th ID, II Corps RVN) USCG - Galveston, TX - 1976-78 (USCGC Valiant, WMEC 621) Link to comment Share on other sites More sharing options...
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gdsnide
Berta,
Since U have always given me good advice I need more. ha
OK....Here's the deal. I have a BVA claim in & they are working on June '95 & say thay got my claim in JAN. 96'
I have a Doc's opinion ( In writing) that I think will cinch this one.
My problem is can I send new evidence to the BVA on an active case?
Cause if they deny me & I file a NOD with this opinion I doubt if I'll be around to see an end to it the way the VA drags their heels.
Any advice, as always , greatly appreciated.
Also, if I may, what's up with the Comp ending when one is 65 years old?
Guess the VA will offer to cremate U , free of charge, at 65 if they do that.
Thank U for reading this ( As all the one's before}
GARY
gdsnide
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