ptsd Help Needed Bva Hearing Next Month

[ladypoetry85]

Peace and wellness

My case is finally going to the BVA next month. I could really need some help with obtaining a template of how to prepare my brief that will get me what I need. I would appreciate your and any of the other hadits members help.

The issues of the appeal that I need the most help with are

worsening of condition for ptsd, major depression,anxiety, and the reduction of 100% P&T, and unempoyability. If I could get the template/guide I could use it to apply to the other issues on appeal.

If you can assist me contact me through my email here and or my email address.

Also, I have a couple of questions

1. I have 5 appeals that were supposed to be sent to the BVA.

In October 2008. I received a letter from the VA saying that I did not have any appeals on file. I have proof that the VA received all of the appeals because I either sent them via certified return receipt mail, or I took them in person and had them hand stamped by the VA. Jan 6, I received a letter from the RO that my file was being sent to the BVA and all of my prior cases had been closed. They are trying to say that I didnt file any previous appeals but this is not true because I have copies of them.Now I received a statement of the case in August 2008 denying all of the issues that had been denied in 2004, when I filed my original claim.For the past four years, they have continously sent me back for C*P for the same issues from the original claim that they have continously denied for over 4 years. All of which I filed appeals.

How did the BVA certify my appeal and not see that and question it?

2. I received the 90 day letter Letter of certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I recevied the letter from the BVA in DC telling me that they received my appeal from the RO and on Jan.29,2009(postmarked)that my BVA hearing is scheduled for the March 18, 2009.

Is that fast are what?

My regional office never gave me any notification that my case was in the process of being certifieed. I wrote letters on all of my appeals that I wanted to review my claim before they sent them forward this did not happen. If I understand the regulations, my POA, attorney, and or in this case me should have received written notifuacation(at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days and if no reply then forward a second notice and if no notice send the appeal forward. Please correct me if I am wrong. This did not happen.

THE SINISTER PART IS THAT THEY WROTE ME A LETTER IN OCTOBER 2008, AFTER THEY RECIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004 AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. NOW ACCORDING TO THE AUDGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT A APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. NOW HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUG STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECIEVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL(That the RO says doesnt exsit and my case is closed) and have a BVA hearing next month.

Please forgive me using caps. My eyesight is bad. B) Your assistance would be greatly appreciated

Thanks

Ladypoetry

[Commander Bob]

Peace and wellness

If I understand the regulations, my POA, attorney, and or in this case me

From what I have read here, you do not have an attorney, you do not have a service officer, you have not given any veterans organization, your power of attorney. And you are going this alone? Is that correct?

Is the BVA going to consider your 5 NOD appeals, or just the 100% PTSD? Or the IU ( individual unemployability ) ?Ladypoetry85 ????.

Does your VARO have your 2004 "Notice of Disagreement" on file? Have you reviewed your C-file? Something doesn't add up here????? We have some very sharp members here to help you. I'm confused. I wish you the very best.

Edited February 5, 2009 by Commander Bob 92-93

[Wings]

x

x

Begin your BVA "Brief" as such (better get focused on the rating Issues)!!

February 5, 2009

Veteran Last Name

Street Address

City, State, Zip

Tel. #

Director, Management and Administration (0141-A4)

Board of Veterans' Appeals

810 Vermont Avenue, NW.

Washington, DC 20420

Claims File xxx-xx-xxxx

SUBJECT: Rule 1304(a) Submission of additional evidence following certification of an appeal to the Board of Veterans' Appeals, 38 CFR 20.1304(a)

The veteran, herein, expressly, "waives the right of prior review" of said Submission to the Board by the Agency of Original Jurisdiction (AOJ), Name of Regional Office.

Issues on Appeal

1. Worsening of PTSD, Major Depression, Anxiety

2. Reduction of 100% P&T, and Unempoyability.

CONTENTIONS OF THE APPLICANT

August 2008

I received a Statement of the Case (SOC), August 2008, denying all of the issues that were denied by the RO in 2004 (when I filed my original claim).

For the past four years, they have continuously sent me back for C&P Exams for the same issues in the original claim that they have continuously denied for over 4 years. All of which I filed Appeals. How did the BVA certify my appeal and not see that and question it?

October 2008

I received a letter from the VA saying that I did not have any appeals on file. But I have proof that the RO received all of my Appeals because I either sent them Certified Mail, or took them in person, and had them hand stamped by the VA.

January 6, 2009

I received a Letter from the RO, that my file was being sent to the BVA.

This Letter also stated that all of my prior cases had been closed.

I received the 90-day Letter of Certification from the VA that my appeal was being sent to the BVA on Jan 6, 2009. I received a Letter from the BVA in DC, telling me that they received my Appeal from the RO on January 29, 2009 (postmarked), and that my BVA hearing is scheduled for the March 18, 2009.

They are trying to say that I didn’t file any previous Appeals, but this is not true because I have copies of them. My RO never gave me any notification that my case was in the process of being certified. I wrote letters on all of my Appeals that I wanted to review my claim before they sent them forward, but this did not happen. If I understand the regulations, I should have received written notification (at least 20 days) to review the claim. The VBA M21-1 MR states that they have 10 days, and if no reply then forward a second notice and if no notice, send the appeal forward. Please correct me if I am wrong. This did not happen.

THE SINISTER PART IS THAT THE RO WROTE ME A LETTER IN OCTOBER 2008 (AFTER THEY RECEIVED YET ANOTHER APPEAL FOR THE AUGUST 2008 SOC FOR THE SAME ISSUES THAT HAVE BEEN ON APPEAL SINCE 2004), AND THEY WROTE ME A LETTER SAYING THAT I DID NOT HAVE ANYTHING ON APPEAL. ACCORDING TO THE AUGUST DENIAL LETTER, I WOULD HAVE 1 YEAR TO SEND NEW EVIDENCE, ETC. I SENT AN APPEAL SO THEY SHOULD HAVE SENT THAT APPEAL TO THE BVA AS WELL. HOW CAN I STILL HAVE TIME ON THE CLOCK FOR FILING ADDITIONAL INFO ON THE AUGUST STATEMENT OF THE CASE, HAVE NO APPEALS PENDING, AND RECEIVE A LETTER FROM THE RO AND THE BVA THAT MY APPEAL (That the RO says doesn’t exist and my case is closed) and have a BVA hearing next month.

Conclusion

Veteran requests the Board of Veterans Appeals to . . .

Oath or Affirmation

I do solemnly swear by oath or affirmation that the statements made herein are true and correct to the best of my ability, recollection, education and experience. I further understand the pain and penalty of perjury, and have not spoken falsely.

First and Last Name

February 5, 2009

Edited February 6, 2009 by Wings

[Ricky]

Hmmmm.... looks like the BVA portion is on track. It is kind of hard to assist without knowing why you were reduced and the evidence you have supporting your increase.

I still not sure about the other "5 appeals". I do know that if they are NODs then you can not send them to the BVA as they do not have the jurisdiction to act on a NOD that has not been decided by the AOJ (VARO).