Help Advice Please!

[jeff]

I have a friend who is a Viet Nam vet, his case was remanded back from CAVC to somewhere, BVA/ RO whatever. I need to know if he should just start all over and file new claims for what he is seeking or see what happens with the remanded claims? Some of his claims were were denied at the CAVC and say final, I have no idea what that means. Can he reopen those that were denied at the CAVC if he submits new evidence or can he just refile new claims for those cases too? Thanks

[Berta]

Do you have a link to his BVA remand?

If he allows us to know his full name- we might be able to read the full CAVC decison unless it was a joint remand- in that case there wont be too much at the CAVC web site on his case.

He could pursue the CAVC denials in a federal circuit court.

"Can he reopen those that were denied at the CAVC if he submits new evidence or can he just refile new claims for those cases too?"

He could possible re -open them with new evidence at the RO level.That new evidence would have to be really probative however.But he has obviously had years in which to find all the evidence he could.

I think he should stay with the remanded claims to see how that goes.

Is there anything at all that the remand orders the BVA to do, that he could do for himself and then submit the results?

He wont have much time for that.

What were the remanded claims for and what reason was the remand from the CAVC?

[jeff]

It was a joint remand for a couple of things, and he stated to me he has 2 C&P exams later this month. I will have to ask him if I can put his name on here so you can look at his case. To me it just appears that alot of information to this case was never submitted from the get go. Whether it was not put in the files by him or the VSO originally I do not know. I do know that he never uses a computer so he seems to be lost, hopefully I can help him. My problem is, is that I am 1 of the fortunate people or rare, that have never had to appeal my case, so this all new. Thanks

[jeff]

Forgot it was a joint remand from the CAVC.

[Berta]

No need to know his name or CAVC docket info Jeff-there probably wont be anything there to really be able to understand why the remand.

"To me it just appears that alot of information to this case was never submitted from the get go. Whether it was not put in the files by him or the VSO originally I do not know"

Does he have proof of mailing any evidence he submitted?

Did he check the SOC to see if all of his evidence was acknowledged?

If not did he or his rep question that in a rebuttal to the SOC?

Did the BVA consider all of his evidence in their decisions?

Not a single piece of my evidence was considered by the Buffalo RO from 2003 to 2009.I had over 53 USPS tracking slips as proof of sbmission to the VARO -which I copied and sent to the H VAC sub committee when they were having Shreddergate hearings.

I sent most of it again to the BVA when they got my claim and their award showed that they had it all and considered it all.

The BVA in my opinion -since they are lawyers- will review all evidence in the C file.The ROs can overlook or ignore probative evidence.If the C & P is against the claim, the ROs will hang their hats on that and often fail to look further in the file for evidence that is probative to the claim.

Has he gotten a copy of his C file?

Did he depend on the VSO to submit it all for him? If so copies of what was submitted should be in the file on him that the VSO has.

Did he have a lawyer on the brief to get the joint remand from the CAVC?

"It was a joint remand for a couple of things, and he stated to me he has 2 C&P exams later this month."

A remand from the CAVC opens a door that a CAVC denial closes.I suggest he get copies of those C & P results as soon as they are completed. That way he has leg up on the decision.

Is he in any position to obtain an independent medical opinion?

Does he get any private med care for the claimed SC disablities that they are C & P ing him for?

Edited July 7, 2010 by Berta

[jeff]

Thanks alot, he is due to come over and pick up some stuff I researched for him. I will highlight these areas and ask him about them and go from there. My other question is though, if this case comes to a conclusion can he then just start over. I know just the thought may keep him back, but if he has all the right tools and info then he may have a more favorable decison. I dont know if you can even do that, just begin the process over? He did have lawyers working on this but feels they are inadequate.

[LarryJ]

You can file to RE-open a "closed" claim, IF and ONLY IF you have NEW and PROBATIVE evidence (the NEW evidence must have not been considered previously, AND it must be strong enough to have made a difference in the consideration of his prior, denied, claim. RE-opening a denied claim is much preferable to trying to file a NEW claim in toto, for a previously denied claim.

And, of course, all this hinges upon whether his existing claims are fini.

He (you) need desperately, a complete copy of his Claim File (C-file), and then he/you need to look at what he has, evidence-wise, and what the various SOC's (Statements Of the Case) SAY that the VA has considered and make sure that both stacks of paper are of the same height (chuckle).

I have found that a good 4' dual tube flourescent shop light and a 4' X 8' sheet of 3/4" A-D plywood on a couple of saw horses really does the trick for a "work table" thereby giving you plenty of space to get all the papers in their own little piles and a good laptop with a spreadsheet program works wonders.

Have fun!