Additional Evidence And The Right To Get

[Berta]

This BVA decisions explains a point that my former POA could never comprehend-I was denied due process by the RO because they never issued an SSOC when I had sent them additional medical evidence-in 2004 -and my POA just sat back and allowed that to occur---as they did to this veteran---

it will be interesting to get some results eventually on my complaint to the GC on them-

They have still failed to file a Motion at the BVA revoking my POA for good cause-

(They had no good cause)

I posted this whole brief BVA decision here because-

in the late 1990s I received many SSOCs before I succeeded on my 2 claims.

When you send in additional probative evidence within 60 days of receipt of a decision-you are supposed to get an SSOC-or when the VA gives up and cannot manipulate the evidence anymore -you dont get any more SSOCs- you get an award letter.

The actual reg is quoted in this decision and a vet or widow actually has an additional year from date of the denial-and 60 days from date of SSOC to file the formal I-9 yet also any additional evidence submitted within that 60 days after a denial is supposed to be considered by the VARO- and they are supposed to issue a SSOC (unless they award on it)

I mentioned before that there was a proposed reg at the Fed Reg site months ago that stated VA wanted to lower the 60 days response period to 30 days to somehow make the claims process go faster- yeah right-- I sent in public comment and asked others here to do that also on how ridiculous and detrimental this idea was to veterans and widows -and it further compounded and violated their basic Due Process rights-

One never knows when a SOC is coming and most vets cannot obtain additional evidence or even count on getting an appointment with a vet rep within 30 days-

if they never obtained any C & P results prior to the SOC they might find they need an IMO and only have 60 days to get the cash together for that- which VA what's to lower to 30 days.

I have not seen any follow uo actual reg coming through yet on this but it was one more Right -in my opinion- that we could lose for the ludicrous reason that VA thinks this would speed up the claims process.

My former POA (whose revocation of my POA was illegal) are also the vet's rep on this BVA case:

http://www.va.gov/vetapp07/files1/0705199.txt

" ORDER TO VACATE

The Board of Veterans' Appeals (Board) may vacate an

appellate decision at any time upon request of the appellant

or his representative, or on the Board's own motion, when a

veteran has been denied due process of law or when benefits

were allowed based on false or fraudulent evidence.

38 U.S.C.A. § 7104(a) (West 2002); 38 C.F.R. § 20.904 (2006).

In a decision of November 20, 2006, the Board dismissed the

appeal on the issue then characterized as entitlement to

service connection for a low back disability because it found

that the veteran failed to timely perfect his appeal of the

RO's May 2003 denial of the claim. However, further review

of the record reveals that the veteran submitted additional

evidence within one year of the date of mailing of the

notification of the determination being appealed, and that

evidence required issuance of a November 2004 supplemental

statement of the case (SSOC), so the veteran had 60 days from

mailing of that SSOC in which to file his substantive appeal,

and he did so in November 2004. See 38 C.F.R. §§

19.31, 20.302((2) (2006). In these circumstances, the

Board's dismissal of the appeal constitutes a denial of due

process of law.

Accordingly, the November 20, 2006 Board is hereby vacated.

The Board will render a de novo determination as to the

matter on appeal as it has been recharacterized herein."

____________________________________________

JACQUELINE E. MONROE

Veterans Law Judge, Board of Veterans' Appeals

Edited November 23, 2007 by Berta