Letter Arrived Today From Bva- This Is It!

[Josephine]

Here we go, received this letter today, it contains the following papers:

1. Letter sent to the judge asking permission for the IME to be allowed into my claims file.

2. Letter of Kathy the claims examiner calling me and advising me to waiver my 60 days and her walking my claims file back from AMC back to BVA.

3. Copy of the altered addendum stating examiner Dr. L. L.xxxx. Examined on: Nov. 16, 2007. Examination results.

4.This Nov. 16, 2007 addendum no longer has this information on it. Someone swiped it off the computer.

5. Clarification letter of medical records from 1965 - 1979 by the treating doctor, Smith. SSOC by AMC stated they were illegible, so I took them to him to type his treatment of me. He is still a licensed Physician.

6. The IME - turned in by Dr. Crowley

I need to make decision on what they want me to do.

Dear Mrsxxx

On January 14, 15, and 16, 2008, The Board of Veterans' Appeals ( the board) received the following additional evidence in support of your appeal:

This evidence consists of private medical reports

This additional evidence was submitted by you.

WHAT YOU NEED TO KNOW

This evidence was not previously considered in a decision by your local VA Regional Office or the Appeals Management Center ( collectively referred to as the agency of original jurisdiction ( AOJ) and you have the right to have them review it before the Board does. If you wish, you may waive this right by submitting a waiver in writing.

The decision as to whether to submit a waiver is solely up to you and your representative ( if any) However, please be aware that failure to submit a waiver may significantly delay the Board's review of your case because we may have to remand the case( send it back the AOJ so they can review the evidence and issue a decision, Also please be aware that although submitting a waiver may result in a faster board decision in your case, it will not necessarily result in a favorable decision.

WHAT YOU NEED TO DO

You have 45 days from the date of this letter to respond. If we have no heard from you by the end of the 45 - day time period, we will assume that you do not wish to have the Board decide your appeal at this time, and we will remand your appeal to the AOJ for review.

For purposes of assisting you in responding to this letter, your choices are listed on the attached form. Please mark the approximate check- off box and return the form to us. The sooner you respond the Board will be able to proceed with the adjudication of your appeal.

IF YOU HAVE ANY QUESTIONS

f you have any questions concerning this letter,

Please contact ( 202) 565- 5436

Carrie Johnson Clark

Director, Management and Administration.

ADDITIONAL EVIDENCE RESPONSE FORM

Please check one of the boxes on this page.

1. ( block to check, ) Please remand ( send back) my case to the AOJ for review of the additional evidence that was submitted in my appeal.

2. ( block to check ) I waiver my right to have my case remanded ( sent back) to the AOJ for review of additional evidence that was submitted in my appeal. I acknowledge that the Board may, in considering any newly submitted evidence in the first instance, deny my appeal. Please proceed with the adjudication of my appeal.

---------------------- Sign -------------------------date

Thanks,

Betty

Edited February 1, 2008 by Josephine

[Josephine]

I don't know. ~Wings

Wings,

This sheet came with the other:

SUBJ: CONSIDERATION OF ADDITIONAL EVIDENCE BY THE BOARD SOLICIATATION OF WAIVERS.

The purpose of this memorandum is to set forth procedures for seeking waivers when additional pertinent evidence has been received from an appellant or a representative, and that evidence has been accepted by the Board of Veterans Appeals ( Board or BVA) under the provisions of 38 C.F.R. & 20.1304, or referred to the Board by the agency of original jurisdiction ( AOJ) under 38 C.F.R. & 19.37(

While the decision of whether to submit a waiver is one that is solely made by the appellant or the appellants representative, if any, the letter will tell the appellant or representative that the failure to submit a waiver may significantly delay the issuance of a final Board decision because the Board will be required to remand the case to the AOJ for the preparation and issuance of an SSOC that addresses the newly submitted evidence, unless the Board determines that the benefit or benefits to which the evidence relates may be fully allowed on appeal with out such referral.

From what I am reading, If I turn back in the signed waiver immediately my case will immediately go to the board for a decision.

They may grant, deny or remand. If I wait the 45 days, they will remand back to the Appeals Management Center, as they are my AOJ.

Betty

Edited February 2, 2008 by Josephine

[Ricky]

Waive it high, waive it high, waive it high just like the flag we fought for. When a veteran has crawled, swam, flipped and rolled with the system for over 5 years it is time to let someone else take a look at new evidence submitted. jmho

[Wings]

Waive it high, waive it high, waive it high just like the flag we fought for. When a veteran has crawled, swam, flipped and rolled with the system for over 5 years it is time to let someone else take a look at new evidence submitted. jmho

Ooohrah! I'll drink whatever Ricky's drinking lol! That's the spirit!

Betty, you have nothing to lose by letting the BVA review the evidence. GO FOR IT!

[Josephine]

Waive it high, waive it high, waive it high just like the flag we fought for. When a veteran has crawled, swam, flipped and rolled with the system for over 5 years it is time to let someone else take a look at new evidence submitted. jmho

Ricky,

Thanks so much,

I have done everything, but swim this claim. I guess there is another

way of looking at it.

I had to face death in the swimming pool, and I ask myself why did

they do this to me.

I will waive it high!!!

Always,

Betty

[Josephine]

Ooohrah! I'll drink whatever Ricky's drinking lol! That's the spirit!

Betty, you have nothing to lose by letting the BVA review the evidence. GO FOR IT!

Wings,

Wonder what Ricky is drinking. I may need some of it before this one

is over with. I am going for it.

It says I can fax it. I know how to get it there safely, Leslie at

Senator Warner's Office can fax it for me first thing Monday Morning.

Always Appreciate,

Betty

[free_spirit_etc]

LOLOLOL

Cowgirl KNOWS Betty! Cowgirl is afraid she will go to the BVA Judge's HOUSE and wake him up and make him decide NOW!!!! ;)

Free

would sleep on it tonight and let the responses from Hadit experts come in! cg