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Bva Question


carlie

Question

Say you have an Appeal at BVA.

BVA sends you a response saying:

Issues 1-2 and 3 are not under BVA Jurisdiction because they have not

been ruled on by VARO - and are being sent back to VARO for their Adjudication.

Issues 4, 5 and 6 are Denied by BVA.

Issues 7, 8 and 9 are being Remanded to The AMC.

My question:

Since this BVA Decision is not yet complete - what options does the claimant have at this time

on Issues 4, 5 and 6 that were denied ? Since the Decision is not complete yet, does the

60 day time limit for a Court Appeal already apply to these Denied Issues ?

carlie

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  • HadIt.com Elder

Its just an opinion but I would suspect that if they deny you in writing on an issue the clock starts ticking than. I would consult a Lawyer cause the clock is ticking.

The VA is not your friend.

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I'm no expert and have been shown to be absolutely wrong sometimes on what I have said here, but if carlie has been denied parts 4,5,and 6, isn't she supposed to get some sort of SOC or SSOC to give the reason and basis for those denial, so that she can have the information, should she wish to appeal those decisions to the court.

It is paramount that she get something in writing, that the time for appeal to the court on these issues are not ticking away as it were and that she doesn't have to appeal to the court until parts 7,8, and 9 are decided and the whole claim is then complete and that the time for appeal to the court begins to tick away at that time and not before.

I don't know the answer, but carlie needs one and needs it now or she might as well start her appeal on parts 4,5, and 6 as if the time was ticking and should the other issues sent to the AMC, be denied also, they would have to be appealed in a seperate court action, since to wait for the AMC could take way to long and by the time she gets a written answer to her question on 4,5, and 6. the court may look upon those as if they were abandoned.

I hope you already have a lawyer waiting, it looks like you need to get your ducks in a role, even if you don't know if you have any ducks to work with. LoL

I hope you find your answer soon. Like Pete53, I think the time is ticking on 4,5, and 6.

FWIW

Rockhound Rider :huh:

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  • HadIt.com Elder

Even if you passed the time limit you should talk to a lawyer and you can always reopen with new evidence

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Once an issue is denied even if the claim is remanded on other issues the clock begins on the denied issues as these are final.

The BVA does not issues SOC's or SSOC's. They issue decision letters.

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Once an issue is denied even if the claim is remanded on other issues the clock begins on the denied issues as these are final.

The BVA does not issues SOC's or SSOC's. They issue decision letters.

Thanks: I didn't know for sure about the SOC/SSOC issue. Nice to know for sure now, since I am sure that even my ENT claim will end up their.

Anyone know of a good VA Lawyer in the Reno/Sparks area of Nevada? I might need them on speed dial when the time comes.

Rockhound Rider :huh:

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Rockhound, your lawyer doesn't need to be local, unless you prefer things that way, but veterans law is a unique specialty, and you don't want to be caught in some amateur counsel's learning curve. The attorney handling my husband's appeal at the CAVC is in Richmond, Virginia, near Washington, DC., however, we don't live there. There have been several names recommended here, I think Kazmierczak & Kazmierczak in New Jersey was one of them. We had a bad experience with Lieberman and Mark in Washington, DC.

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