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90 Day Letter On Its Way From Bva

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Josephine

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  • HadIt.com Elder

Here is the latest, I think I have had it!!

Well, I just called the BVA. I was told my claims file left

the legal team

and now I have been mailed a 90 day letter to respond.

What can they possibly do to me now?

I have been at the BVA remanded to AMC for another almost two years

and before I receive the SSOC. The claims examiner calls me to advise

me to waiver my 60 days to submit new evidence to AMC.

She politely walks the file back to BVA.

I secure the IME and I think now it is being

considered as " NEW EVIDENCE".

Doesn't it sound like, I am starting the process again?

I will never live to see the end of this claim.

I may just have to drop the whole darn mess.

I don't know how to fight this thing any longer.

Always,

Betty

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This sounds like a due process thing... that before they let the BVA decide the claim - they have to make sure the vet has been afforded all the protection of due process (that you have the right to have the RO review the evidence before the BVA decides - and that you have to officially waive that right - i.e. they can't take it away..)

I thought you already waived that though...

Free

This is what I picked up on the BVA site from another claim :

A letter was sent to the veteran and his representative on

May 3, 2007, in which he was given 90 days from the date of

the letter to submit additional argument or evidence in

support of his appeal prior to the Board's readjudication. A

letter was received from the veteran's representative in June

2007 enclosing VA treatment records from April 2007 and May

2007, along with a waiver of RO consideration of this

evidence, and the 90 day letter response form, indicating the

veteran's desire for the appeal to be readjudicated prior to

the expiration of the remainder of the 90 day period.

This is getting a bit stupid.

Thanks for the songs,

Betty

Think Outside the Box!
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http://www.va.gov/vbs/bva/page6.htm

What is the 90-Day Rule?

When your claims folder is transferred from the local VA office to Washington, D.C., the local VA office will send you a letter letting you know that you have 90 days remaining (from the date of that letter) during which you can add more evidence to your file, request a hearing, or select (or change) your representative.

The Board will accept items submitted within the 90-day period. However, the Board cannot accept items submitted after the 90-day period has expired, unless you also submit a written explanation (called a "motion") of why the item is late and showing why the Board should accept it (called "showing good cause"). A motion to accept items after the 90-day period will be reviewed by a Board member who will issue a ruling either allowing or denying the motion. {38 U.S.C. § 7104; 38 U.S.C. § 7105; 38 C.F.R. § 20.1304}

Think Outside the Box!
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Again, it sounds like a due process thing -- that you have to be given the 90 days to submit more evidence unless you waive it..

This could mean several things.. It COULD mean that the judge didn't remand or grant your claim and, therefore has to give you the 90 days before taking action.

Or it could just mean that the judge saw you hadn't had your 90 days, and so he didn't even LOOK at the evidence yet - until he was sure you had it..

What is odd is why they rushed to get it TO the judge so quickly (well just at that one time when you were trying to get the IMO - they decided they had to rush things)

It seems like they would have given you the 90 day letter then.

It could be as simple as the judge not reviewing it because you hadn't been provided with the letter.

My husband's claim sat at the BVA for a long time - they looked at the file long enough to see there was no DD-214 in it (the RO misplaced every copy they got) - and so they sent it back to the RO on remand -- they didn't look at the case at all until the form was in there.

Free

http://www.va.gov/vbs/bva/page6.htm

What is the 90-Day Rule?

When your claims folder is transferred from the local VA office to Washington, D.C., the local VA office will send you a letter letting you know that you have 90 days remaining (from the date of that letter) during which you can add more evidence to your file, request a hearing, or select (or change) your representative.

The Board will accept items submitted within the 90-day period. However, the Board cannot accept items submitted after the 90-day period has expired, unless you also submit a written explanation (called a "motion") of why the item is late and showing why the Board should accept it (called "showing good cause"). A motion to accept items after the 90-day period will be reviewed by a Board member who will issue a ruling either allowing or denying the motion. {38 U.S.C. § 7104; 38 U.S.C. § 7105; 38 C.F.R. § 20.1304}

Think Outside the Box!
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Betty,

Sorry to hear of yet another delay. Please hang on, take a deep breath, think of Afton Mountain in the Spring, say a prayer for me (hey, it'll get your mind off your own worries and help me out in the process!!) and I'll say a prayer for you.

Keep us posted. We're all with you on this one.

TS

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  • HadIt.com Elder
http://www.va.gov/vbs/bva/page6.htm

What is the 90-Day Rule?

When your claims folder is transferred from the local VA office to Washington, D.C., the local VA office will send you a letter letting you know that you have 90 days remaining (from the date of that letter) during which you can add more evidence to your file, request a hearing, or select (or change) your representative.

The Board will accept items submitted within the 90-day period. However, the Board cannot accept items submitted after the 90-day period has expired, unless you also submit a written explanation (called a "motion") of why the item is late and showing why the Board should accept it (called "showing good cause"). A motion to accept items after the 90-day period will be reviewed by a Board member who will issue a ruling either allowing or denying the motion. {38 U.S.C. § 7104; 38 U.S.C. § 7105; 38 C.F.R. § 20.1304}

Free,

I would say, we are starting all over again. I don't know why Kathy the claims adjustor rushed it to the BVA.

I would rather not take a chance of going to the AMC again. I will accept their letter, but believe this time, I will let it come back to the Regional Office.

The AMC is a pit hole you can't get out of.

Dr. Wilson did answer me and will do the IMO and I could submit it and maybe just maybe it will be two against two.

Thanks Free,

Always,

Betty

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  • HadIt.com Elder
Betty,

Sorry to hear of yet another delay. Please hang on, take a deep breath, think of Afton Mountain in the Spring, say a prayer for me (hey, it'll get your mind off your own worries and help me out in the process!!) and I'll say a prayer for you.

Keep us posted. We're all with you on this one.

TS

Ts,

Thanks so much for supporting me for so long. As I told Free, the

thoughts of going back to the AMC makes me sick, so I am not going to

place a waiver on it this time.

Local seems better to me.

I have been to the AMC and see how they do things. Once in, never out.

I really enjoyed my trip up on the mountain, but sometimes Ts, you

just have to jump off.

Take Care,

Betty

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