Who's Familiar With Form 646 Cert Of Appeal Bva ?

[halos2]

Not familiar with Form 646 Certification of Appeals to BVA. Do VSO's complete these with all appeals, and do they advise vets of information or not? Will check to see if VSO submitted this with my VA 9 and if so, will get copies to see if all info has been stated. Any others familiar with the info to be sent/validated on this form please advise.

[Berta]

Good question John-

it is difficult for me to project that thought-that my IMos would again be ignored-

I am also upset over my lay medical evidence- which has been ignored-I associated my husband's detailed autopsy with the clinical record as well and found medical treatises that supported my claim in many other regards -even without the IMOs-

This is how I succeeded in my VA malpractice claim- I gave competent lay testimony and medical evidence from the med recs.There was no way out for the VA but they fought me with 3 or 4 "expert" denials before I succeeded in that.

The VA doctor who wrote two of these opinions a decade ago actually agreed with the premise of my AO claim-some time ago when I called him up-

he couldnt opine on the new claim as he reminded me I knocked him down twice already-

The BVA considers treatises and medical abstracts if they are fully probative to the clinical record.I never intended my treatise info to stand alone but as icing on the cake-

I even had photos of autopsied brain and heart and associated the type of documented clinical damage my husband had that was supported by medical abstracts correlating this type of heart and brain damage to DMII.

There is plenty of evidence-in addition to my IMOs -to award my claim.

I developed a new war plan - and will ask for Administrative Review if my medical evidence remains ignored again-

I did this in 1997 and a lawyer from VACO called me up when they got it- as they dont get administrative reviews often-

(I dont recommend this unless your evidence is very probative- lots of legalise involved)

He is now a Regional Counsel for VA and he asked me what I wanted the VA to do with the Administrative Review-

long story- but this is how I got to the OGC in DC and finally got my evidence read (denied again there- but I fought back immediately and succeeded right away)

"unless something is happening where there is some hanky panky going on between your VSO and the VA to deny you."

Indeed---- this is the critical part of my OGC complaint against my POA vet org.The documented evidence (from the VA and the POA) suggests that something sure went wrong-something was agreed upon (between Va and the POA) to hinder my claim.

-not once but twice-

Not only is this supported by evidence in my OGC complaint but I recently wrote to the VSM and told her about this as she had some involvement there.

I mentioned here that I recently discovered a major error the VA made regarding my FTCA settlement.

I talked to a few malpractice lawyers who agreed with me that this is not only an illegal practice but that they didnt think I am an isolated case-I am pursuing this info with the OGC and higher ups in the VA system-

this situation is a little too sophisticated to imagine a vet rep and a DRO would discuss and decide my claim had to be stymied but then again- the VA almost got away with killing my husband- so I dont put anything past them. If they knew about this-maybe it was their motive.

Complaints to the OGC under 38 USC 14.633 do not require a motive.

The OGC never had a complaint like this from a complaint but nothing in 38 USC precluded me from filing it.

Obviously my evidence was probative enough for the OGC to handle it.

The POA is long overdue on their responses to my charges.

Men and women- I have been through plenty with the VA- not to mention all my husband went through only to end up 6 feet under-

and VA doctor's who had the chance to properly diagnosis him -chose instead to let him die without proper medical care.I found the hour and the day of the cover up-in the med recs.

But I assure you all -that with medical evidence, and the willingness to do the leg work,and continually rebutting them, and by being peristent- NOTHING is impossible with the VA.

Edited July 17, 2008 by Berta

[halos2]

Carlie,

I am facing basically the same. Called VSO office again today and no call returned again. Finally requested from office worker Form 9 copy to be sent to me as fax didn't come through. Have not found out if 646 was written yet. From what I gather this is to be made out just prior to going to BVA after Appeal team is done with their review. This is what office person told me anyway. But they are really not at all responsible at calling me or notifying me.

halos,

I had visited my VSO in person and was promised he would call me

to come read my I-9 and 646 before he sent them on their merry way.

Now I'm at BVA with some issues that BVA states have not yet been adjudicated

by my VARO and are therefor not under BVA jurisdiction.

I have to find a way to get BVA to acknowledge these issues have in fact

been adjudicated by my VARO. Of course the VSO never contacted me prior to

sending thses forms off.

carlie

[Berta]

John- I forgot to add-

when the VARO sent my claim to the BVA I wrote the BVA a letter stating my VCAA July 2003 letter was in violation of the VCAA regs, and that my Nov 2004 IMO had been ignored by the VARO as well as all of my significant other medical evidence.

I also had obtained another IMO to knock down the VA expert opinion.

I enclosed both the IMos and the VCAA letter , pointed out other specifics in my formal appeal,and quoted a few regs and told the BVA I am a veteran's advocate and I know my rights.

They sent it all right back to the RO.

If the VARO should ignore my medical evidence again-and attempt transfer to the BVA- I will get it back again the same way- but as I mentioned -I will request an Administrative Review.

AFTER the remand (my POA refused to support this) the POA filed a 4138 so it would appear they had gotten the remand.

The files were already back at the RO.

Then within 2 weeks later the local rep told me VA was obtaining another medical opinion.

You know as well as I do-that the VARO sure doesnt move that fast- since the remand-2 years ago- the VA has done nothing at all regarding an additional med opinion- nothing at all on this AO claim-

this was sheer intimidation on the reps part-

to make me think the VA was getting another opinion-

I raised Mariano V Principi many times as well- as it would be difficult for he VA to get another opinion.

If they did I would get another IMO.

As long as I keep the claim going at any level they have it at-there would be no basis for a final decision, therefore no CUE.

I hope to hear from the VSM soon-

She conferred twice with my POA on this claim-

she has some answers to give me.

[Berta]

Halos -the 646 is important but sure not as important as the I-9.

I think vets should file out the I-9 themselves or at least make sure that the rep raised and argued the issues correctly.

it is another chance to highlight the medical evidence too.

An I-9 can be a brief statement but I feel that it should cover all issues on appeal and again highlight the evidence (and I even suggest attaching evidence again)

in 1997 one of my claim went to VACO in DC and the C file they got in DC was missing lots of evidence- the most important stuff of course-

only by staying on the phone and checking and double checking what they were doing -did I find this out-

as soon as I sent VACO what I learned was missing-I won that claim.

The I9 is the chance to state what evidence you sent the RO and the BVA will look for it in the C file.

[halos2]

BERTA, Please read CAN YOU TOP THIS on page 2 and then give me your opinion on what or how I should make sure me information on Form 9 and 646 should have been written. The latest notation on that site narrows down the info. Thanks

[carlie]

halos and others,

Remember, when you have signed the POA form, your POA can submit OR NOT SUBMIT, anything they want, any way they want.

They have carte blanche concerning your claim. They do not need our signature

to submit anything and very seldom do we get to preview what is sent.

Just FYI.

carlie