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

[Ricky]

Hey! Who sez I am drinking? Looks kinda of foggy here in the ole computer room!!! ;) Let me go see that ole judge. If I can figure out how to pronounce his/her name (have you ever seen the name of some of them jokers!) I will get them in the right mood to deal with veterans!!

Nah - Just joking never smoked any of that whack weed stuff! Just high on love. Love of my family and fellow veterans!

Good luck Betty my friend. Maybe this will be the end of a long journey for you and it will end in success!

You know its pretty bad when you are in your 50's and have the mind of a 16 year old! Guess I better grow up - but then if I do I won't be Ricky

Edited February 2, 2008 by Ricky

[free_spirit_etc]

I am one to consider strategy whenever dealing with spiderwebs. But my instinct tells me to keep moving FORWARD - try to PASS GO and collect $200 PLUSSSSSSSSSSSSS!

My thought would be to NOT step BACK - unless THEY back you up. But even if it goes back to the AMC with a REMAND - the BVA should be VERY CLEAR about the reasons - which would give you even more information of what else you would need to do to succeed on the final lap.

If YOU step back - and it doesn't get granted, all you will get for reasons for the denial is all the rinky dink silly little puffs of nothingness ideas that the RO and AMC likes to give, and still no VALID information about what the BVA would be looking for. And they should have them handle the remand FAIRLY quickly.

My guess is that the BVA will grant OR remand. If they remand you will obtain valuable information. If they grant - we get to party sooner!!

If you don't waive the 45 days, and it goes BACK to the RO - you'll be back in the loop of waiting your turn (since it won't be a remand) and getting all the silly little SOCs with their silly little reasons.

I think you might just be ready to play with the Big Dogs - and not have to keep having the puppies peeing on your feet.

I promise if I have a sudden flash of insight that would cause me to think otherwise, I will let you know immediately - BEFORE you wake the BVA up or make them work on Sunday

Free

[cowgirl]

Er, tanks Free, I'm still holding my side from laughin'! In fact I'm matching my husbands missing rib now, 'cause I just split my extra one when I saw this! cg ;)

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

[Pete53]

Sign the waiver and send it Express mail with a request for signature. You need the medical information to be allowed.

Good Luck

[Josephine]

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

Free,

I would end up in jail if I did that. No doubt each station is

wanting me out of the system.

Why would a Claims Examiner advise you to waiver your 60 days after

mailing the SSOC, when you told them you haven't received it in the

mail yet and they walk the thing over to the BVA.

This has indeed been the craziest mess I have ever been in. I think

this Judge is a Nancy.

Always,

Betty

[Josephine]

Hey! Who sez I am drinking? Looks kinda of foggy here in the ole computer room!!! ;) Let me go see that ole judge. If I can figure out how to pronounce his/her name (have you ever seen the name of some of them jokers!) I will get them in the right mood to deal with veterans!!

Nah - Just joking never smoked any of that whack weed stuff! Just high on love. Love of my family and fellow veterans!

Good luck Betty my friend. Maybe this will be the end of a long journey for you and it will end in success!

You know its pretty bad when you are in your 50's and have the mind of a 16 year old! Guess I better grow up - but then if I do I won't be Ricky

Ricky,

I like you just the way you are. I like that sense of humor you have.

Always,

Betty