90 Day Letter On Its Way From Bva

[Josephine]

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

[free_spirit_etc]

Woo Hoo! I'm getting my party dress ready!!!

Free

Betty

The day you win your claim we are going to throw a Hadit party. You will be a bright and shinning light to all those who are fighting the power.

John King

[Josephine]

Betty

The day you win your claim we are going to throw a Hadit party. You will be a bright and shinning light to all those who are fighting the power.

John King

John,

I remembered your post about needing another opinion.

I understand I am getting the letter, because the file was walked

over from the AMC to the BVA and then I turn in the IME.

Just to be on the safe side, I took your advice and contacted Dr.

Wilson for another opinion. He is also a Board Certifed Forsensic

Psychiatrist with 30 years experience and the highest credentials,

graduated from Harvard Medical School.

Dr. Crowley graduated from Yale.

I am going in and knock those two nuts off the map.

If they remand and sent it back to those two again, I bet they will

come up with the truth and leave off the appears.

You guys can have a party while I pass out somewhere.

Always Appreciate,

Betty

[Josephine]

Woo Hoo! I'm getting my party dress ready!!!

Free

Free,

Just don't gain or loose any weight. It may be this time next year and me still going with this claim.

Always the Best to You!

Betty

[rentalguy1]

Betty

The day you win your claim we are going to throw a Hadit party. You will be a bright and shinning light to all those who are fighting the power.

John King

I won't have to dress up, will I?

[Josephine]

I won't have to dress up, will I?

rentalguy,

Just don't purchase your new clothes anytime soon. We may have several changes of seasons before this party, but you will all be invited.

Always Betty

[tssnave]

Betty - I'm w/ Free, I don't see how, at this point, they could continue to deny your claim. I'm all for a party, keep us posted. ;-)

Free,

What if a claim comes down to how the VA weighed the evidence? If the courts won't overrule the way the VA weighted the evidence then what recourse does a vet have when they ignore outside evidence in favor or their own (or just ignore their own evidence when it's favorable to the vet)?

I know the VA can "weigh" evidence as it sees fit but can't the vet challenge the way they weighed the evidence (as in, our C&P exam is right and your IMO is wrong) or must you fight the claim on the sheer volume of evidence and the number of reports (as in getting 3 IMOs to the VA's 1 C&P exam)?

Here are your statements that bring up these questions in my mind:

"The Court of Veteran's appeals won't actually re-decide claims. They can decide the law and regulations weren't followed - but they won't retry the facts. So they won't get into the issue of how evidence was weighed. They won't determine that your evidence is more credible than the BVA said it was.

If the BVA denies - and there is ANY evidence to support the denial - the Court won't put the decision aside on THAT basis. (They won't say your evidence was stronger than the evidence the BVA relied on). If there are medical opinions that support the BVA's decision - they will uphold it and not redecide what weight that evidence would have been afforded."

Thanks,

TS Snave

Edited January 30, 2008 by tssnave