Sending New Evidence To Bva..berta....

[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

[Berta]

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.

[carlie]

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

[cloudcroft]

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