One Month And Three Weeks Prior To 2 Years At Bva

[halos2]

SO almost 2 years of sitting at BVA, my case was remanded back to the RO for a decision. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required.

...Subsequent to the issuance of the case, the Veteran submitted additional private medical evidence.

In an associated cover letter, the Veteran's representative stated, "Ths evidence has not been considered by the RO and the veteran does not wish to waive RO consideration.

Given the foregoing, a supplemental statement of the case reflecting review is not accompained by a waiver of RO decision...

Accordingly, the case is REMANDED for the following action:

Readjudicate the issue on appeal with consideration of all evidence received since the issuance of the (SOC)...

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. ss 5109B, 7112 (West Supp.2009)...

Looks like formality here. Any comments as to possible guesses on outcome grant??

There was evidence resent that was overlooked/ignored as well as new updated IME's by a couple of the original dr's too.

I still am at a loss when it comes to the ...vet does not wish to waive RO consideration! ??

Is this pretty much standard policy with remands. Checked on 50 or so and found similiar terminology within them too.

Any legit comments appreciated by those who "done there, been through that!" B)

Edited February 20, 2010 by halos2

[john999]

You can get more done in 5 minutes at a face-to-face hearing than you can waiting five years for a decision from some faceless robot at the BVA or VARO. I vote for a personal hearing everytime if your claim is stalled.

[Medic4849]

it seems to me every time I make a call its somebody new or there not sure how to help..

[carlie]

halos,

Yes, at any time a claimant can request a hearing

BUT you are at BVA.

Just because you request a hearing at your RO,does not mean you

will get that hearing anytime soon.

Another thing that comes to mind (and sometimes I have some screwy

thinking) is that any claims issues that are currently under the

jurisdiction of the BVA, can not have a hearing on those issues with

your RO at your RO.

Claim issues can only be held by one area of jurisdiction, be it

RO,BVA or CAVC.

Now of course BVA can remand to RO and CAVC can remand to BVA, but

the level that requests the remand - continues to hold jurisdiction.

So in my opinion, for you to recieve a hearing at your RO level on

your issues that are under BVA jurisdiction,

first BVA would have to release themselves of having jurisdiction

on these issues,by your request to them.

After this you will have to go through the regular process

to return your claim issues back to the BVA.

jmho,

carlie

[Pete53]

As I understand the remand sends it back to the RO. I had a Hearing after what the RO though was a remand actually I asked for it to go back to RO and have a Hearing, It helped me is all I know.

I found the guy I talked to in DC to be helpful and answered calls and returned them. The people in Dallas I had to go to BAMC and see them in person. Half the time they were training or making hospital rounds and not answering their phone.

My current VSO is really good and will make appointments and I appreciate him more than he will ever know

Halos I also think that you should request a Hearing of you are up to it cause I am of the impression that most raters at VARO do not read much more than the last denial in the file

Good Luck

[carlie]

...I am of the impression that most raters at VARO do not read much more than the last denial in the file

Good Luck

Pete,

I agree with the part above, they don't go down past the last blue sheet.

jmho,

carlie

[halos2]

My VSO tells me to let the VARO make a decision on the remand and if it is not favorable then I can appeal and ask for a hearing. Basically he says don't muddy the water now as the VBA remanded it because there was alot of info the VARO never read and also because I sent more to the BVA while awaiting for my claim to move forward.

Been waiting this long, not happily but want to try to get a positive decision, or I guess hoping to finally get a positive/favorable decision.

If not what's another few yrs since 03 original file... :D