hypertension Litigation Support Office At The Board Of Veterans Appeals

[vaf]

My husband's C file is now with the Litigation Support Office at the Board of Veterans' Appeals. I'm not sure if this is a normal step in the Board appeal process, or if this step falls outside of the normal Board appeal process. This is the first I've ever heard of that particular office, although we've been through the Board several times in the past.

We were trying to get a factual error resolved locally at the VARO regarding a denial based on information that was incorrect, and we had the claims file paperwork to back that up. Instead, the VARO sent a Form 9 to appeal to the Board, which we completed, but stapled to a letter that again asked them to look at their own records to determine whether or not the VA previously acknowledged that hypertension stemmed from a service connected condition. We had asked if it should have been rated separately; to our astonishment, the VARO and the DRO both decided that the hypertension was not service connected at all, which directly contradicted their previous statement that it was, in fact, service connected. We asked them to do so before sending the stuff to the Board. We also copied the Board on everything we sent to the VARO at that point.

I can go into more detail if needed, but this may be a yes or no answer type of question.

[Berta]

I have never heard of that office at the BVA at all.

"We also copied the Board on everything we sent to the VARO at that point."

That is a GREAT idea because somehow a lot can go astray between the ROs and the BVA.

"We asked them to do so before sending the stuff to the Board." Maybe they cued themselves on the wrong decision but Litigation Support?

I had litigation (FTCA) and 1151 claim against the VA and sure received no litigation support at all but the evidence awarded that case.

Hope others chime in.

Was there any possible negligence issue or medical misdiagnosis raised in the claim?

[vaf]

No Berta, no misdiagnosis or negligence involved. I can get into the particulars if they matter. I had just never heard of that office before.