carlie Posted July 15, 2008 Share Posted July 15, 2008 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 Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted July 15, 2008 HadIt.com Elder Share Posted July 15, 2008 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. Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
Rockhound Posted July 15, 2008 Share Posted July 15, 2008 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 Are you a paranoid schizophrenic if the ones you think are out to get you, really are? Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted July 15, 2008 HadIt.com Elder Share Posted July 15, 2008 Carla, the decision is complete, on issues 4,5 & 6. The time starts running, with that decision, on those decided issues. pr Link to comment Share on other sites More sharing options...
carlie Posted July 15, 2008 Author Share Posted July 15, 2008 S H * T Carlie passed away in November 2015 she is missed. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted July 15, 2008 HadIt.com Elder Share Posted July 15, 2008 Even if you passed the time limit you should talk to a lawyer and you can always reopen with new evidence Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
MRRRR5 Posted July 15, 2008 Share Posted July 15, 2008 Carlie, I agree with the others here; maybe you should talk with a lawyer on this. DAV Life Member - Thanks to all Veterans for your selfless service. Link to comment Share on other sites More sharing options...
Question
carlie
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
Carlie passed away in November 2015 she is missed.
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