Finally Va Has Acknowledged

[Berta]

Yesterday I received BVA decision to formally remand my claim- the initial informal remand for additional development was 2 years ago-and although the VARO said this was with a DRO again- for 3rd time-

this is the order from the BVA to get off the pot.

I was thrilled- this is the FIRST time the VA has referred specifically to 3 IMOs I have-regarding the right claim- my AO death claim-

the BVA said my assessment to have the claim remanded was correct and they also stated:

"The evidende is neither cummulative nor redundant of the evidence already of record. The evidence is material in that it addresses the unestablished fact of a nexus between service or a service related disease and the cardiovascular disease, which all acknowledge lead directly to the veteran's death."

BUT they want another VA IMO- the last one was deficient.

I am getting another IMO myself- just in case.

And also raising Mariano again-

I am happy that finally after all these years the BVA has proven to me they can READ-which I already knew- and they named both the IMO doctors-in initials whoich means they gave credence to the freebee I got from a former VA doctor.

The decision mentions the extraordinary circumstances I went thru (that are in my OGC complaint)in 2005 in parsed words-

I wonder if they got the OGC complaint yet-they need it regarding my other matter before the BVA-

the motion from my POA to dump me-

Maybe I sound nuts that all I got was a validation of my IMOs.

But after all these years, this was certainly a Big step towards a final resolve.

It also makes the rep look VERY bad-as he never presented the IMos that day to the DRO and told me he did-(in 2005)

their former director even stated to me (along with other POA lackys) in email-and I used it as evidence for the GC-

that VA medical people had reviewed my IMOs- it was a LIE and this BVA decision is more proof of that lie!

The BVA not only had the SSOC but also something else in the file that indicated the DRO didnt have the initial 2 IMOs or that they were even discussed with my POA rep-as he said they were and that the DRO had---- well this part is too unbelievable for words- but I told the IG what he said she said -----

I have been given opportunity to send in even more evidence and will do that-I still have plenty more-

and am quite willing to be patient as I wait for my husband to get Peace with Honor-I dont care if they fight over the retro.

[Angela]

Oops, posted twice. Don't know how I managed that. Sorry.

Edited September 22, 2008 by Angela

[halos2]

I wonder if they think a poor little ole widow...we can snowball her...what's she know...Well low and behold they don't know who they are dealing with. YOU GO GIRL!! Give it to them. I love how you take a stand and hit them with both barrels. Keep it up Berta, and know by your committment we all grow and stand with you in your plight. The best to you.

Edited September 22, 2008 by halos2

[john999]

No vet or spouse should have to go through this trial by fire. If the lawyers can actually help us then that would be good. Ignoring IMO's and medical reports is outrageous but I know they do it.

[dav_marine72]

Congrats Berta! It's about time. Maybe some of your luck will rub off on me and the VA court of appeals will recognize that the BVA ignored my two IMOs. Thank you for all your help. Keep attacking. Semper FI do or die.