Bva Authority

[carlie]

I have recently heard from a veteran that BVA does not

have the authority to grant claims -- that BVA can only

remand claims.

I'm posting this to stress to member's....

YES - BVA has full Authority to Grany, Deny and as they do

a great majority of the time Remand.

We sarcastically post here at times that all the BVA does is

Remand - but that is just our sarcasm, BVA has full Authority to Grant a rating.

carlie

[Testvet]

the DRO told my lawyer to appeal my claim to BVA as they will likely award the claim (WTF) if he knws that why didn't he grant the claim? He did agree that my effective date will be Dec 2002 we just now have to wait for the BVA hearing more head games

I have a cardiologist statement that provides the nexus for my cardiovascular problems being secondary to PTSD as DR Boscarino's study shows and BVA has BEEN awarding claims for over 3 years now based on that study and a doctor writing the connect the dot statements, a vet just can't sumbit the study and say I got heart problems and PTSD pay me, you have to have the IMO, I have 2 of them.

One from the last living doctor/scientist from the Edgewood experiments and a cardiologist with a great CV my lawyer feels good about the claim all it seems now is time. After 6 years it's time for the VA to quit playing the lawyer said something about SMC S or something like that then when it's done I want to never deal with the RO again.

[Mcafee]

Hello All Hope All Is Well. I called VARO today and spoke with VSCM point of contact according to Wash DC field Operations , Any way I requested a CFR 3.105a in the line of duty and others as acceptable CUE claim, VARO never addressed this also DRO review has been completed they did not acknowlege most of my claims as service connected,even though I have been treated by VAMC for thirty years just never had the knowledge that I have gained from this site and wonderful people here and assistance.So That being said I filed for an increase did not know have to be specific and concise in RE: all service Connected Conditions and I now know this so I know how to proceed.Any way I also Requested all Documentation from VARO C-File as well all necessary information Target Birls Covers and so on anything with my claim and name on it ,Now VSCM told me today he will not provide this information to me. mmmm something is wrong here ?BVA FOIA Officer provided some of these to me in the past how come now he will not provide it but thats ok when counsel requests it to show the shinaniganns that has gone on in Atlanta and Newark VAROS clearly will show the VAST ERRORS by these establishments.If you spend50 days on active Duty in the Hospital Compensation and pension should be in place prior to discharge this was not done by the US ARMY nor Veterans Administration,They VA also did not grant service connection until 4 years after discharge and rating was 0% service connected . sorry for long post Thank You All God Bless.

[Steppenwolf]

I have recently heard from a veteran that BVA does not

have the authority to grant claims -- that BVA can only

remand claims.

I'm posting this to stress to member's....

YES - BVA has full Authority to Grany, Deny and as they do

a great majority of the time Remand.

We sarcastically post here at times that all the BVA does is

Remand - but that is just our sarcasm, BVA has full Authority to Grant a rating.

carlie

The suggestion to search the forums and data base for answers before one posts has it's merits i am sure. Here for instance i used the word "remand" in the search and came up with so many posts i had no idea where to start. This post address's in a way what i want to say/ask however posting it here IMHO may not reach all of those interested in hearing about it or who might know something about it ( the question/statement ). So i'll post here and start new post about "The Remand". Maybe it will reach more people being in two places. If this is somehow the wrong thing to do i apologize.

My appearance before a travel board judge left both, my POA and myself with the impression that for maybe the first time the evidence in my case was heard and would be considered; instead she remanded it back to the BVA. As always with the VA some off the wall crap happened and my records or case or who knows what word to put on it is MIA.

[That fact i'll discuss in a separate post besides this REMAND post because it's one more chapter in the book of unbelievable stories about the VA.]

But here is what i heard from two different sources: a law is either about to be passed or one that has already been proposed to "put an end to this remand BS". One of the people who told me that is a service officer, the other is a congressman's aide. Both said basically the same thing: " a travel board judge has the power to make the decision. Remanding only passes the buck, slows things down, ties things up and puts the decision back into the hands of someone with less authority and who has already denied the claim." And if i am not mistaking invalidates any new evidence so they can hammer more nails into your cross with the " new and material evidence rule "

Has anyone heard about this and or have more specific news about it? Someone needs to propose the law ( bill? ) i would like to know who in our gov is truly an advocate for veterans rights and benefits. There doesn't seem to be many.

Is it easily known how many of our elected officials have served?

Edited October 19, 2008 by Steppenwolf

[vaf]

I can tell you that the BVA has directly awarded claims to my husband, so anyone saying that the Board's authority is limited to remands is incorrect.

[Rockhound]

If you spend50 days on active Duty in the Hospital Compensation and pension should be in place prior to discharge this was not done by the US ARMY nor Veterans Administration,

Mcafee: Where did you get, find, locate, or otherwise learn of this Rule, Regulation, or law. It would go a long way in proving out my CUE claim, since I spent three months in the hospital and convolescent leave prior to my discharge from service.

Rockhound Rider :P :P

[Pete53]

VAF:

Maybe I should restate it. The BVA rarely makes a direct award but sometimes it happens. It is usually a denial or a remand.