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Still Have Heard Nothing

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RSG

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The most recent BVA decision posted at their web site is from early July 2008 and from a 2003 decision the veteran received-

it has been remanded.

My case is in legal dept of the BVA-as of 2 weeks ago- sent to BVA July 2006 (a 2005 decision on appeal) remanded in August 2006,( a month sooner then I had thought, set for either favorable decision from VARO or return to the BVA by August 16th, and I have not received any word at all as to whether the VARO did anything at all with the claim itself.

The legal department is addressing my POA problem and then maybe they will decide the claim.

On my I-9 (Feb 2006)- I clearly stated on page one exactly why they were wrong and also how my VCAA rights were denied. and then expanded by including again all of my my independent medical opinions and a list of 35 pieces of documentation in med recs to support my claim.All had been ignored by the RO.

(the rep on my POA and the VSM decided to send a response I made to the BVA instead of my formal 1-9-but6 they did get my formal I-9-the VSM has not answered my letter as to why she and the rep had agreed to do this-which is most unusual)

I am sorry you are waiting so long but the wait might much longer than a few months.

And a remand means further delays too.

As far as I know in July 2008 VA acknowledged my claim was back with a DRO and told the director of the local VAMC (who-on his own looked into my claim-which I thought was odd)that as of 2 weeks ago the main claim was pending before the DRO.

Here I found out this was incorrect info-the DRO has the 2 CUE claims but the main claim is at the BVA because it is part of the POA probelm that the BVA must resolve before the claim can even be decided.

If my OGC complaint I specifically mentioned that the POA seemed to depend on sending me an illegal POA revocation knowing full well this would hold the claim up at the BVA-

they finally filed a weak Motion for revocation in June 2008-8 months after the fact.

I bring this up again in RSGs post because any POA problem will hold up a claim at the BVA level until it is resolved.

So- I was transferred in 2006 to BVA 2 years ago-and am still without a remand decision from the RO and without BVA decision-

this is just about the average time BVA decisions are taking anyhow- 2 years.

As long as you could fully comply with the VCAA notice you got as to the evidence VA wanted-and could fully rebutt the denial with medical evidence or what they needed-you should be confident that the BVA will read it all and address it properly and hopefully not have to remand your claim back to the RO.

Edited by Berta
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I have been informed that the BVA are now working on claims from 2006...so they told me it will be at least 2+ more years before they look at mine. Been there couple of mths. I have been informed by different people at the BVA level with different calls on different days.

Guess we just sit and wait, and wait, and wait...tick tock...

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NO Promises But an associate of mine at work is actually good friends with one of the BVA judges so he says (they play golf together)I think I'll ask him what kind of friend is this guy. Any bumpping up of claims allowed. Again NO preomises!

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Well,folks

I finally called BVA to find out the status of my claim. They said a decision had been made, but the sent it to the wrong address AGAIN! nor would they tell me anything about it. SOooooooooooo, I just sit's and waits some more.

Did anybody hear what happened with Josephine's claim?

Thanks

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  • HadIt.com Elder
Well,folks

I finally called BVA to find out the status of my claim. They said a decision had been made, but the sent it to the wrong address AGAIN! nor would they tell me anything about it. SOooooooooooo, I just sit's and waits some more.

Did anybody hear what happened with Josephine's claim?

Thanks

Hi,

I am not sure where we left off at.

Yes, the BVA judge granted me Service Connection with retro back 16 years.

Of course it was sent to the R.O for rating.

They low-balled me at 10% for the first 5 years.

50 % for the next 9 years

70% for 3 years.

I went for the TDIU C&P and should be granted this.

I want 100% at least back to 1992.

The Judge ruled on my first filing date as 1992, and I won't mess

with that now.

I should hear on the TDIU in about a month or so, according to the

Social Worker at the R.O

Still haven't been paid the 11 years retro they owe me for my

husband. They say they are working on this also.

I have lawyer on hold to go after that 100% if I do not get

it this go around.

Anyways they paid me a lot of money.

Thanks for asking,

Josephine aka Betty

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