Got The Big Envelope Fro The Bva But...

[militarynurse]

Claim from 1993...denied at RO apealed denied BVA apealed then eventually in 2006 won remand at Court of Appeals for Veterans Claims back to BVA...denied again at RO in 2008 NOD, no SOC to date, hearing at RO, more comp exams ordered, late 2008 RO sends claim back to the BVA and now in Aug 2009 BVA remands the appeal back to the RO via the Appeals Management Center with order for more comp exams. HUH???

I now have had 2 sets of the same comp exams that were not used at all ostensibly as they were "too old" due to not acted on in time by the VA...what a waste of time and taxpayer's money...and now the VA wants another third set.

Any tips?

[Shark]

Berta

You know quoting that decision at the top of every claim might be a good idea. Perhaps print it on the outside of every letter to the VA. Lawyers in Florida who are doing insurance claims stamp the law on the envelopes that states the insurance company must make a decision on benefits within X number of days.

TestVet

What ( I hate to ask) is SCOTUS? You know that anything that is a major decision in favor of vets is going to be appealed by the VA. They get to use taxpayor money to appeal cases in favor of vets. I am sure they curse the day they ever accepted the date to make DMII presumptive for AO.

Supreme Court Of The United States

[john999]

Bob

We must be brothers separated at birth. I have a claim dating back to 1973 that was mishandled. I am CUEing it via my lawyer. The VA did not really mishandle it. They rigged it for me to lose. They just excluded all the evidence in the record that supported a higher rating. What did your original claim look like? Mine was two pages, no appeal rights, no discussion, no reasons and basis. Just my in-service medical records and an opinion from a VA doctor that spoke to me once. My doctor's records were excluded. I trusted them to be fair....duh. I did not know really understand this til years later when I got my C-file.

[Commander Bob]

Bob

We must be brothers separated at birth.

We are a band of brothers, John. I still get a little nervous twitch when ever I get ten feet from my C-file... LOL... I am letting a NSO play with my claim for a little bit longer. I must say, he is not the brightest bulb on the lot. However, when I feel better, I'll drop him like a hot potato, and stop messing around with the RO and DRO review requests. etc. and file my own appeal to the BVA. I am looking forward to receiving a "Statement of the Case"...LOL I still have visions of taking my case to the Haig.

[Pete53]

I remember the day that I would not even open a letter from the VA. It never was good news.

Berta you are a gold mine.

Test I think that you and Berta and John are on the right tract and to also mention spoliation in ever NOD might not be a bad idea and also to use all records to make a determination as it seems that VA has slipped in duty to assist to require Veteran to specifically ask for what they want and be limited by the Vets pleadings.

[Testvet]

John yea what Shark said rofl

Edited August 22, 2009 by Testvet

[broncovet]

Yes, I actually got "fast" claim service at the Va..they finally did mine in a little over 7 years. I do have a friend, in group counseling, who also applied in 1973..he is hoping for an answer on his claim "any day".

The VA saying that it takes an average of 6 months to processs a claim is a massive distortion of the truth.

A denial may take only six months..but what use is a denial to a Veterans..it just means he starts and a very long appeal process.