Travelboard Judge Decision

[Steppenwolf]

Turned down again. DAV tells me that i have 120 days to ask for reconsideration. i don't see anything in the envelope that says that.

Too many points to rehash but key missing VAMC files are mentioned as found. I have not seen them in 40 years. Who do I ask for copies?

[Berta]

"Turned down again. DAV tells me that i have 120 days to ask for reconsideration. i don't see anything in the envelope that says that."

This past post at hadit discusses Reconsideration Requests filed with the BVA.

http://www.hadit.com/forums/index.php?show...d&pid=87647

It has to be in the form of a Motion.

I had a Motion at BVA for something years ago- forget what-

All I did was Type MOTION FOR RECONSIDERATION on the first page , then I put my name to the left and V Sec Derwinski?, Sec West? etc- forget who was even the Sec when I filed it.

Example:

Berta Simmons

V.

Secretary XXXX,

of the Veterans Administration Re: Decision dated XXXXX

Then I went on to state the errors the BVA made in their decision.

and I also included new evidence.

I think the outcome was another denial on that specific claim but I had succeeded by then in a separate different claim at the RO level.

[Steppenwolf]

Berta and everyone who suggested an attorney. Thanks. i spoke with one today who wants to meet with me next week.

To answer your question about the NJ VARO. My 60 days to reply was down to 3 days. i called the 1-800-827-1000 that person suggested bring the evidence in and getting it time stamped so there is no question as to when the evidence arrived. i told that person that my RO is 4 hours each way to get there and back. That person then suggested that I submit the evidence and get it time stamped at ANY RO as long as it was before the 60 days expired. Since i had an appointment at the NYC med center it was suggested that i dope off the evidence in NYC or at the Newark NJ Varo. It took me ten minutes to drive to Newark from where i was staying so i dropped it off there. In reality i could have flown to NJ, taken a cab to the VARO and back to the airport, back to NC and home in less time that it would have taken me to drive to Winston Salem and back.

i guess the bottom line is this: if my evidence was submitted in time but was not considered how does this effect the case? Shouldn't the new evidence generate an SSOC?

There's another question that i want to ask you Berta since you are our resident law guru. After i post this message i'll write again.

Thanks

I agree – I suggest that you make sure you have all SMRs and copies of all available medical evidence

and copy of your C file as the lawyer will need all that. The C file should be at the last VARO which handled your claim.Since there seems to be many ROs involved here-maybe it would be best to send an Iris to confirm where the C file is.

"Before the judge ruled I sent several pieces of vital evidence to VARO NJ ( a matter of convenience ) and got the issues time stamped hoping to generate a new SSOC "

I don't understand the matter of convenience -why send it to NJ?

Did they list it on the decision as considered?

[Steppenwolf]

Did they list it on the decision as considered?

No. The judge wrote her decision alluding to missing records that she claims are now found. These are critical records that i haven't seen since they were placed in my hand to carry from one dept to another and i would read them in the cafeteria on the way to the next dept. If nothing else they show that i was indeed being treated for the conditions i claim.

( BTW i got a letter from my Senator along with a copy of the decision and in it was a form stating 120 days to reply which was missing in the decision sent to my house )

i'm trying to figure out who has the records? BVA who may be waiting for my reply? Or maybe VARO NC who will hear my NOD about the % awarded for the one of 3 issues that i was awarded last year?

And lastly i was asked if my whole service record was ever examined for the issues most likely to be undeniable. The answer is no. Who would/could do such a thing? Does it make sense to find someone to do that?

[Berta]

"Shouldn't the new evidence generate an SSOC?"

AT the VARO level-yes- but are you on a remand from the BVA?

I would make sure -if I were you-to put this evidence before the BVA as a Motion for Reconsideration if you still have time-as well as send it to the VARO.

"And lastly i was asked if my whole service record was ever examined for the issues most likely to be undeniable. The answer is no. Who would/could do such a thing? Does it make sense to find someone to do that?"

Yes it makes complete sense.Find the disabilities that are current but with the most likely possibility of inservice nexus.

A good vet rep or NSO would do that- but most of us here have to do that ourselves.

If you have new evidence it cannot be redundant to what they have already.

If this is preponderant evidence and could turn the tide I would send it anywhere I could-within the time limits. I am surprised that no one gave you a RO Fax number but they move their faxes around so sometimes that isn't a good idea either but the DAV could have faxed it to them.I dont get their attitude here at all.

Last year I sent my evidence to the BVA (just in case the VARO had mysteriously removed the good stuff from my c file ) then to Seattle VARO, the AMC, and also to Buffalo VARO-the point of original 7 years ago.

Of all of those entities, after 7 years almost to the day,only BVA read actually the evidence and made a prompt award.

It is miserable to keep re- copying and re-mailng stuff but this is often the only way to insure they get it.

Edited April 7, 2010 by Berta

[kookiebean2001]

How long did the appeal take to get to Travel Board, What is a normal time frame?

[mags1023]

No timeframe for VA. They have no deadlines or timeframes. It could take from 1 year to 20. See the thread on VA Appeals on the board.