Claim Still At The Bva !

[bm6546]

My claim is still sitting at the BVA in Washington DC since Jan 09. The last time I checked it was still at the AL in Washington. My original claim was filed at the RO in June 06. Can anyone tell me when I might hear something on this almost 4 year old claim? I have heard nothing from the VA in over a year.

Would it help if I call the 800# or sent an IRIS e-mail? My local VSO office has 2 VERY NEW people there and I'm not sure how much help they would be.

Any help would be appreciated.

Brian

[bm6546]

Brian, Be sure to use the form or format of Carlie's post. If you submit additional evidence, you must "waive" the adjudication or review of this evidence by your RO. If you do not file this "waiver", your file will be pulled from the BVA, and sent to the RO for consideration this new evidence. Since the VA mailrooms are notoriously hellish, I suggest Faxing whenever possible. Test your first fax page to make sure it gets received! `Wings

Wings, I just replied to Carlie and will ask you the same question. I am filing a new claim secondary to my heart claim. If my claim is pulled from the BVA by the RO, will I lose my place in line by doing this? Will the BVA accept a new claim if it is secondary to my claim that is currently waiting for review?

Would this be a new claim or additional evidence? Very confusing!!

Thanks, Brian

[john999]

Brian

It sounds like your claim has been at the BVA for over a year waiting for a hearing. What my lawyer did when the DRO denied we asked the BVA for a traveling board. That took about 7 months. Now we had the hearing and are waiting for whatever they decide. I got a copy of the transcript of the hearing. I sent it to the lawyer. There were mistakes and misspellings. Pretty awful, but it was accurate in general. It was very short as it is a CUE so the evidence is all there in front of them. Who knows what will happen with it.

[Wings]

Wings, I just replied to Carlie and will ask you the same question. I am filing a new claim secondary to my heart claim. If my claim is pulled from the BVA by the RO, will I lose my place in line by doing this? Will the BVA accept a new claim if it is secondary to my claim that is currently waiting for review?

Would this be a new claim or additional evidence? Very confusing!!

Thanks, Brian

Brain, I would think it SOP for the BVA to make their own copy of the claims-file, but my experience tells me they generally send the claims-file back to the RO when a new claim is filed. I would like others opinions! ~Wings

[carlie]

My question to you and anyone else that can help me is this:

1. I am meeting with my VSO tomorrow am and we are going to file a new claim for depression and anxiety secondary to my heart problems (This is the claim that is currently at the BVA) Should I send this new claim to my RO or should I sign the "Waiver of Regional Office Consideration" form so it will go directly to the BVA.

bm6546,

Did you not follow through in Jan 2007 and file a claim for depression/anxiety ?

Probably not, as the primary condition has not yet been SC'd and you say your MH is secondary to it.

http://www.hadit.com/forums/index.php?showtopic=7220&hl=

If you never followed through with the Mental Health (MH) claim

and received a decision on it and filed a NOD and a form 9 on it-

then NO - it would not be under the BVA's jurisdiction for adjudication.

If none of the above steps have been done for MH, you need to file for your MH conditions at the VARO level.

A Waiver of RO consideration at the BVA has nothing to do with a filing

for an additional disability at the VARO.

Also - since you are attempting to get a rating for a MH disability

as secondary to a cardiac (heart problems) -

the cardiac condition MUST be SC'd prior to even a possibility

of the MH disability being granted.

I think there are some things your VSO may not be aware of.

jmho,

carlie

[bm6546]

Brain, I would think it SOP for the BVA to make their own copy of the claims-file, but my experience tells me they generally send the claims-file back to the RO when a new claim is filed. I would like others opinions! ~Wings

Wings, I met with my VSO yesterday and we called the American Legion in Washington. The rep told me I have a doc date and that any new claims I file will not change my position at the BVA level. She told me to go ahead and file the new claim with my local RO and that will probably get me a new C&P exam. She said the RO may request my C file from the BVA and the BVA would LEND it to the RO in 21 days increments. If the BVA wants my file back the RO HAS to send it back ASAP.

I called a clinical psychologist (LM) and we are playing phone tag. Hopefully I can meet with her next week and see if she will give me a opinion on my anxiety secondary to my PAT. I will keep you informed with my progress.

Brian

Note: I have a doc date of Jan 08 with the BVA. They are currently working on the second quarter of 2006.

[bm6546]

Brian

It sounds like your claim has been at the BVA for over a year waiting for a hearing. What my lawyer did when the DRO denied we asked the BVA for a traveling board. That took about 7 months. Now we had the hearing and are waiting for whatever they decide. I got a copy of the transcript of the hearing. I sent it to the lawyer. There were mistakes and misspellings. Pretty awful, but it was accurate in general. It was very short as it is a CUE so the evidence is all there in front of them. Who knows what will happen with it.

john999

Yes it has been over a year. I have a doc date of Jan 08. They are currently working on second quarter of 2006. Have no idea how much longer it will be. At what point do you think I should think about hiring a lawyer?

Brian