Vincentg

[carlie]

Hi there,

I was moving your post from Ask the Geeks to Claims/Research.

Well it's floating around somewhere right now, but we will have

it back up here again soon.

carlie

[Berta]

If you are waiting for that hearing it could take years-

I am wondering- if the new evidence you have fully supports your claim-

if your Vet rep could ask the BVA to remand it-ASAP and withdraw the BVA hearing request-

and then ask the RO to consider the new evidence.

I dont know the particulars- but if you have real good new evidence-

it would be a shame to wait for this hearing- when the evidence alone could turn the denial around-

dont know what your rep would think about that-

I might be wrong in way I am looking at this-

Certainly if you had sent the VA this evidence within 60 days after the transfer to the BVA-you could have asked BVA for immediate remand to the RO-

instead of the usual 1-2 years of waiting for remand-

I found a female vet on the same POA as me-

wh0 got a remand similiar to way I did-

She had sent the Buff RO an IMO within the 60 days after getting her BVA transfer letter-

the RO did nothing with that so she wrote right away to the BVA ,enclosed copy of the IMO and asked that her claim be immediately remanded to the RO.

Unfortunately she had already gotten a docket number and had to wait for the docket to come up but the BVA immediately remanded her claim.

If anyone out there has same situation-

med evidence they got within the 60 day period from the BVA transfer letter-

do what I did-

regardless of what the RO letter says-

(they dont want it sent to them) send it to them as well as the BVA-

and get on the phone with the BVA in DC immediately as well as contact to the ombudsman via email BVA to stave off

the docketing of the claim- as once docketed- it gets into the long queue.

Also if your VCAA letter was so deficient it caused the BVA transfer- like mine did too-

aggressively raise this issue with the BVA by phone, email and priority letter withon the 60 days.

If your rep wont support this do it anyhow-

My POA (the same as the female vet above) REFUSED to support my remand request and I bet they did that to her too-

when I got the remand they then CTA with a 4138 supoorting it and the files were already back at the RO-

Just remember- every claim that goes to the BVA is one more claim on their POA they dont have to do anything with for years-

Last night I was talking to an advocate who has had contact with a state commission on vets affairs which is

cracking down on any lousy representation in their own org.

This advocate is going to try to begin this ball rolling in his state-

I already started some of this too here in New York State.

They were not aware however of the new regs regarding vet reps- and I have conversed recently with the VA lawyer who wrote these regs in the Fed Register-

there is going to be a little more oversight over reps by the VA, but the VA has to know when a rep is so deficient that it is causing a vet to potentially loose their claim.

Also all reps have liability insurance and are sue able in state courts for negligence.

These new ideas being developed by a state commission on vets affairs can become a template in every state-

even over the Congressionally chartered vet orgs-

the state they do business in still has some jurisdiction over all of them-

The scam that the Ros have turned the VCAA into, and their unconscionable errors of fact in decisions, as well as lousy reps ----tie both hands of a vet behind their backs right from the git go-

It has got to stop-

and we will need help from veterans in every state when this whole plan is developed in order to get better accountability from NSOs and reps as well as

prevent the lousy ones (and there are plenty of good ones but who are completely overwhelmed because they do their job well)

from hindering the future claimants-our men and women serving today in the Mil --who deserve far better representation than many of us have gotten.

Anyone interested in working on this type of eventual

oversight in their own state , please let me know here.