Varo Jurisdiction

[Mcafee]

Hello all hope all is well.I have to ask this Question if you would Please provide some direction or feed back as to how I should Proceed.I filed for an increase as well filed a CUE claim last May 2007 CFR 3.105a in the line of duty and others.VARO has not acknowledge this request.

I filed an NOD referencing my recent decision for an increase of service connection conditions which most of them were denied for service connection however for 28 years i have been recieving treatment at the various VAMC.Now my Question is this Iwas informed By the Liason of Newark VARO that I can not remove jurisdiction from Newark VARO.I believe this to false and I can at my request to remove jurisdiction from this facility. Adversariel and cofrontational. Aren't they suppose to help and develop this claim and process? Thank You

[carlie]

Hello all hope all is well.I have to ask this Question if you would Please provide some direction or feed back as to how I should Proceed.I filed for an increase as well filed a CUE claim last May 2007 CFR 3.105a in the line of duty and others.VARO has not acknowledge this request.

I filed an NOD referencing my recent decision for an increase of service connection conditions which most of them were denied for service connection however for 28 years i have been recieving treatment at the various VAMC.Now my Question is this Iwas informed By the Liason of Newark VARO that I can not remove jurisdiction from Newark VARO.I believe this to false and I can at my request to remove jurisdiction from this facility. Adversariel and cofrontational. Aren't they suppose to help and develop this claim and process? Thank You

What is your basis for requesting a change to a different VARO jurisdiction ?

Did you move ?

carlie

[Mcafee]

Oh I am so sorry i was not clear removing Jurisdiction from VARO to BVA to make this review and decision or process the claim.Thank you Carlie Lady my mistake.

[rentalguy1]

If I am not mistaken, the RO of original jurisdiction has to adjudicate its own appeals. You would have to appeal a denied appeal to make it to the BVA. Someone double check me on this, but I am 90% sure I read that somewhere.

[Mcafee]

Hello all hope all is well. Thank You Rentalguy If I understand this correctly they have to deny my appeal to the NOD first,then I can move forward with removal of jurisdiction from VARO and move forward to BVA. VARO has not responded to my NOD which I filed the day I received there decision in May 2008 is there a time frame for a responce from VARO.

[Berta]

Rentalguy is correct- unless you move to another VAROs jurisdiction-the RO where your claim is at now maintains jurisdiction at this point.

Here in NY the Buffalo VARO usually doent even read a NOD until over a year has passed since filing it-

that isnt always the case however-

A NOD has to disagree formally with everything in the decision that is not correct.

Evidence that was never considered or considered incorrectly should be stated in the NOD.

The NOD is the first avenue of attack.

These vet reps who write a short one or two sentence ball park NOD are taking away the vet's chance to get their decision to turn on the NOD-which can happen.

It shouldn't be too long but still it should highlight why their decision was wrong.

Medical evidence is everything-if you have more they have not seen attach it to the NOD and refer to what you have attached.

If they ignored critial evidence tell them and attach it again.

[Mcafee]

Thank You Berta I was not aware of the fact that it could be up to a year before i even get a response?All of the information when I filed my NOD, is in my SMR I placed dates and treatment and diagnose of physicians.Which should clarify for VARO because they should have all this information its what they based there decision on.So I am a little confused as to how they came to conclusion.Mmmmmmmmmm Thank You. But from my understanding I can remove jurisdiction from VARO if not satisfied with end result correct.Also BVA said I could due to the fact they have stonewalled me in the past.Thank You for your insight

[carlie]

Thank You Berta I was not aware of the fact that it could be up to a year before i even get a response?

Mcafee - VA has no time restrictions on responding to a claim 2 mths. 12 mths. 18 mths etc...

All of the information when I filed my NOD, is in my SMR I placed dates and treatment and diagnose of physicians.Which should clarify for VARO because they should have all this information its what they based there decision on.So I am a little confused as to how they came to conclusion.Mmmmmmmmmm

Mcafee -

Pay close attention to the Reasons & Bases Section of your Rating Decision.

Pay close attention to the Evidence Section of the Rating Decision.

These two areas is where you will develop your plan of action for a NOD.

Thank You. But from my understanding I can remove jurisdiction from VARO if not satisfied with end result correct.

Mcafee - I know of nothing except for Moving or Transfer to BVA or Court, that would allow

you to legally change VARO jurisdiction.

Also BVA said I could due to the fact they have stonewalled me in the past.Thank You for your insight

Mcafee - What did BVA put in writing in regards to your changing VARO jurisdiction ?

jmho,

carlie

[Mcafee]

Thank you Carlie Lady The evaluation of postoperative residuals left knee is continued as 10 percent disabling.{38 CFR 3.321(a);38 CFR 3.321(B)(1)} and at this point I am totally lost they did not assign any codes or functional loss or anything at all Scars and so forth.Totally lost now.Thank You

[cowgirl]

Mcafee, I hope you recieved notice that VARO recieved your NOD request? Have you recieved any of the automatic letters that come when one submits a claim? An iris or letter of inquiry may help you understand where they are in the process. I do status check with iris, vso, 1800. Am also submitting additional 'specific' information for my nod. Heard that a year is normal va timeframe for processing nod's if not varo goes into 'red'.(overdue). At minimum I get automatic letters from the va.

If you have your 2way communications on paper it may validate your cocerns if its not by the va's book.

Best to ya,

cg

[Mcafee]

Hello all hope all is well. Thank You Cowgirl no I have not received anything from VARO RE; NOD to date.or any response for that matter RE; Claim or NOD but then again VARO Newark plays by there own set of Rules and Regulations.I guess its hurry up and wait for now.Perhaps i should not assume that once a claim is active both parties would see it through but i see this is mere or bad speculation. Thank You all for Input and Direction.

[Mcafee]

Hello all hope all is well. I have contacted VARO i have been advised that this claim is in review and to check back in thirty days.She said they mail out a letter I have not received any correspondence. So it is the Waiting period.According to VARO NY.NY.I spoke with a supervisor there she told me also according to Birls and target Records were destroyed.I asked for some type of letter of where when and how and whom authorized destruction of my Records?It seems pretty much all Records including Treatment Records have been Destroyed.Thank you all.

[Ricky]

Its been said below but let me say it again. The VARO has to issued a SOC on any claim before the BVA can assume jurisdiction on a claim. No SOC or SSOC then the BVA can no under any circumstance assume jurisdiction. That is the way the law reads.

[john999]

This is not to say that your VARO can send you claim to another VARO to be worked. If you file a CUE it has to be filed at your VARO or the BVA where ever the CUE was made.

[Mcafee]

John 999 Quote

Posted Today, 08:14 AM This is not to say that your VARO can send you claim to another VARO to be worked. If you file a CUE it has to be filed at your VARO or the BVA where ever the CUE was made.I do Believe there is a CUE and it was made in 1980 by BVA not all evidence was considered for service connection and this is now what i am battling with the VARO now after 28 years of treatment for they never connected all that apply in SMR. Yet I received health care for Dermatology ,urology issues,PTSD,Orthopedic for 30 years but they never service rated these nor did POA upon reviewing file note or bring to my attention as to what is and not service connected and now that i have filed for an increase for all of these issues RECORDS have been destroyedif this makes sense.I can not Thank all of you enough time and time again for your help and assistance I LOVE all of YOU THANK YOU