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Varo Sent My Claim / File Out Of State


jecsb4

Question

Hope all are doing well,

I have a reconsideration (for a higher SC%) I filed last year, have a C&P by an non-qualified general doctor, I contacted the VARO telling them the exam was flawed and provided evidence as to why. Suprising they schedule me for another C&P and that one was more in line with what my IMO statement stated along with two other specialists.

So the second C&P was in April, and now I hear that my file was “brokered out” in May and is due back to my VARO in Sept and is ready for a decision. This data was provided to me by my POA, not the VARO

My questions are the following:

Is this sound like a good development – sending it to VARO in OK?

Does this seem like a bad thing – having my file to OK?

It seem to me that my VARO could have made a decision locally…unless they are to busy.

Is it logical to send a file to a separate office when all the historical data is w/ the local VARO, the doctors, etc?

To me, it doesn’t make sense to farm out a file when it can be handled locally….the more a file is shuffled around, the longer it takes…it doesn’t sound logical to me.

My POA said there are 5 stations / steps in final decision process??

What If I want to submit more evidence – can I? Will it get to the OKVARO?

Should I do a IRIS query for info / update?

Thanks

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I know that VAROs sometimes ship claims to other offices due to the workload; it happened with mine.

A more experienced Hadit member will likely address your other issues.

Good luck,

Ron

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So the second C&P was in April, and now I hear that my file was "brokered out" in May and is due back to my VARO in Sept and is ready for a decision. This data was provided to me by my POA, not the VARO

There are times when your VARO will send your claim to another VARO for a DECISION:

1) YOUR varo NEEDS HELP KNOCKING SOME DECISIONS OUT.

2) yOU WORK THERE

My questions are the following:

Does this seem like a bad thing – having my file to OK?

No

What If I want to submit more evidence – can I? Will it get to the OKVARO?

When you were notified your file had been moved did VA provide information as to where to send further correspondence ?

Should I do a IRIS query for info / update?

Sure, you can do that. I would also contact my POA, (VSO) and ask them. That's

something they should be able to answer.

This would leave me asking another question.

If you send additional information or evidence to the VARO that is now handeling your claim -- do you need to sign a Waiver for the Agency of Original Jurisdiction, (AOJ) to not have to review this additional information and/or evidence ?

jmho,

carlie

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So the second C&P was in April, and now I hear that my file was "brokered out" in May and is due back to my VARO in Sept and is ready for a decision. This data was provided to me by my POA, not the VARO

There are times when your VARO will send your claim to another VARO for a DECISION:

1) YOUR varo NEEDS HELP KNOCKING SOME DECISIONS OUT.

2) yOU WORK THERE

My questions are the following:

Does this seem like a bad thing – having my file to OK?

No

What If I want to submit more evidence – can I? Will it get to the OKVARO?

When you were notified your file had been moved did VA provide information as to where to send further correspondence ?

Should I do a IRIS query for info / update?

Sure, you can do that. I would also contact my POA, (VSO) and ask them. That's

something they should be able to answer.

This would leave me asking another question.

If you send additional information or evidence to the VARO that is now handeling your claim -- do you need to sign a Waiver for the Agency of Original Jurisdiction, (AOJ) to not have to review this additional information and/or evidence ?

jmho,

carlie

Thanks Carlie for your information.

The VARO never informed me that my file / claim was going to the state of OK. I had a few notice to asssist (VACC) letters early on which I responded to prior to May. The only other letters I received form the VARO was the standard "We are still working on your claim...."

I guess I don't understand why the VARO and my VSO never informed me. Well I can understand about why my VSO didn't - they never take phone calls, you have to see them in person and it takes 1/2 day to accomplish. I really need to change my POA, but the VSO I have talked to do not like taking on a Vet when there is a open appeal...

I don't know about how I would handle the waiver of jurisdiction issue.

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  • HadIt.com Elder

It is ring around the rosey. They send your claim from one backed up office to another just to get it off their desk. All the more chance of losing you file.

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  • HadIt.com Elder

jecsb4

What kind of new evidence did you submit?

Was it a statement showing a contradiction within the report?

Was it medical literature?

Was it a doctors statement.?

I recently sent the RO a letter and some literature. I am still trying to get a doctor to look at the first C&P. The first C&P was not a standard C&P. They only asked the examier to answer one question. The veteran was service connected. However there was very little information in the file addressing his level of disability. There was a factual error in the examiners report that would impact the prognosis. The C&P examiner stated that the condition had been treated from time to time. Actually, the condition has been untreated for 35 years. All the literature states that without treatment the condition is far more disabling than when it is treated. I sent the the literaure. I included a statement that the claim was not fully developed without a full C&P exan. I identified the questions on the C&P exam worksheet that have not been addressed by any previous evidence of record.

My intent is to get a second C&P.

Edited by Hoppy (see edit history)
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I've seen this, and honestly it's normally a good thing in MY experience. The Vet normally gets a much faster answer, and in comparison I have seen some "sway" in the rating but not much. It's a common practice to "farm out" work to underutilized or less untilized VARO's. It makes sense, look at it this way. Your claim can either sit at the local VARO and wait, or be sent to another VARO for some sort of decision. Doesn't mean the process is going to be "fast" just faster....

Bob Smith

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  • HadIt.com Elder

Last time V.A. sent my husband's file out of state during an appeal period, I think it was to prevent my husband's representative at DAV from seeing evidence in the file. My husband had sent them additional service records during an appeal period which he had obtained from the National Personnel Records Center. My husband's representative overlooked this service records in a sea of documents and failed to mention 38 CFR 3.156 ©. He also failed to bring it to V.A.'s attention that VARO's 1971 notification letter to the veteran had the wrong zip code on it in the veteran's address. see 38 CFr 3.1 and see 38 CFR 3.103. I did later get him an earlier effective date based on a CUE claim about a claim received 18 months before the effective date than he had been given and new and material evidence received during the appeal period of that decision under 38 CFR 3.400 (q), but it was not the effective date he should have gotten.

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