Bva - Amc

[lu12]

quote name='Berta' date='Dec 19 2007, 01:49 PM' post='71996']

B) Berta I'm still kind of confuse help me out here:

from you last replay, the board is the one that has to answered my (soc) is that what you meant? also the AMC - Decision Makers may order and or request a complete new set of instructions and actions from the c&p examiners, I mean going over the BVA remand Order

My last 2004 and new IME NEXUS OPINION was sent first to the (varo) and considered by the them before my case went on before the BVA.

Sent a soc response - to the (bva) soon after the VARO sent my case to the BVA. I request the board to allow me to re-characterize and perfect my appeal on 3 issues, The BVA did not response to my (soc) as I could corroborated all 3 issues descriptions where the same as they were with the VARO."

My question still the same and base on these 3 factors: a NOD could be in order if the AMC still Denies the cervical spine and psychiatric remanded issues?

Also could you be more specific on the Mariano vs Principi a case statement you used before the VA dint know if you refer to this: B)

No. 01-467

Segundo Mariano, Appellant,

v.

Anthony J. Principi,

Secretary of Veterans Affairs, Appellee.

On Appeal from the Board of Veterans' Appeals

(Argued May 13, 2003 Decided October 22, 2003)

[Berta]

I can only assume that the AMC has everything that you sent to the BVA and to the VARO-if they make an unfavorable decision you are still within the appeal process and can combat anything negative with additional evidence- if need-Did they fully consider your IME yet?why did it not out weigh what they have against it?what rationale did they use or have they NOT opined on it yet?I suggested directly contacting the BVA and AMC in your case to make sure they have all of your evidence-In Spt 2006 the BVA had my initial IMO(sent in 2004)it had disappeared from my c file when my former rep had a DRO conference and I re-submitted it-In Dec 2006 something told me to check this evidence via iris- and the RO said it was NOT in my c file-we have to proactively make sure that the VARO has our evidence-and does not ignore it-Mariano V Principi can be read at the CAVC web site-I usually dont recommend using BVA decisions to support most claims- as they are specific only to the vet they made the decision for - however-I copied from the BVA case cited- this key point that the BVA made within 0404870 to support MAriano V Principi's relevance to my claim and they have to consider the BVA's interpretation."additional development by the Veterans Benefits Administration Appeals Management Centr would only serve to further delay resolution of the claim. Bernard,supra. See also MAriano V Principi,17 Vet App 305,312 (2003)cautioning against seeking additional medical opinion where favorable evidence in the record is unrebutted."If you have unrebutted medical evidence or evidence that you feel was not rebutted by the VA with full medical rationale- you can use Mariano V Principi-to see if that would stave off further negative VA medical opinions.

Edited December 20, 2007 by Berta