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yulooking

Bva Judge Stated Ase Wrong

Question

i am going crazy with this whole bva thing it make no sense

the bva has said they remaed my claims to ro in buffalo

this was 2yrs ago everything is been hanlde by amc which just been playing with send my file 4 time to comp once to wrong jurdation

elbow was grant by bva from service 1994 amc handle it i get 0% efective 2007 and told appeal to court .this was my intail rating from services

put papers in they just dont answer

iu claim which is a effective date issue remaned to if i should get iuf rom 1994-2001 i alright have iu and did a cue laim there was informal iu claim found. by law should be effective 1994. can do anything about this just keeps going.

found out during the cue that my appeal from services were they granted me 10% for a neck issue has been pending all this time

2001 i put in paper they treated them as an increase claim and granted me 60% for same neck issue as 1994 and granted iu by dro which stated this is a full grant of all current appeals.

so my question the same one i have ask bva if my appeal were running when the dro granted all this isnt my effetive dated 1994. and how can there still be a pending appeal.

no what the answer was 10% from 1994-2001 and remaned my iu claim and call the decision which granted the 60% and ro decision and there was never and appeal decision made. and this is there order

now at amc and bva ro amc no one will look at this i had to appeal the decision before 120 days to court.

now in one swoop of a cue claim which got dissmissed because they said my 1994 claim has been in appeal status and ther was never and appeal decision made.

all of these claim speard around. which i believe was done on purposes.

when all of this is effective dated issues which show have been grant. can get any help crazy

ever been told bva does have jurdition over amc

which means no one can tell amc what to do with your claim once it get send there

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At this point, due to the VA's actions, I believe you will need a lawyer to sort things out. Perhaps someone can give you a name, etc. that is in your area.

The VA will answer a lawyer that knows what they are doing.

i am going crazy with this whole bva thing it make no sense

the bva has said they remaed my claims to ro in buffalo

this was 2yrs ago everything is been hanlde by amc which just been playing with send my file 4 time to comp once to wrong jurdation

elbow was grant by bva from service 1994 amc handle it i get 0% efective 2007 and told appeal to court .this was my intail rating from services

put papers in they just dont answer

iu claim which is a effective date issue remaned to if i should get iuf rom 1994-2001 i alright have iu and did a cue laim there was informal iu claim found. by law should be effective 1994. can do anything about this just keeps going.

found out during the cue that my appeal from services were they granted me 10% for a neck issue has been pending all this time

2001 i put in paper they treated them as an increase claim and granted me 60% for same neck issue as 1994 and granted iu by dro which stated this is a full grant of all current appeals.

so my question the same one i have ask bva if my appeal were running when the dro granted all this isnt my effetive dated 1994. and how can there still be a pending appeal.

no what the answer was 10% from 1994-2001 and remaned my iu claim and call the decision which granted the 60% and ro decision and there was never and appeal decision made. and this is there order

now at amc and bva ro amc no one will look at this i had to appeal the decision before 120 days to court.

now in one swoop of a cue claim which got dissmissed because they said my 1994 claim has been in appeal status and ther was never and appeal decision made.

all of these claim speard around. which i believe was done on purposes.

when all of this is effective dated issues which show have been grant. can get any help crazy

ever been told bva does have jurdition over amc

which means no one can tell amc what to do with your claim once it get send there

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If you don't want a lawyer look into a Writ of Mandamus basically a court order telling VA they have to do their job and within 30 days.

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I agree with Chuck that a lawyer is in order here.

I deal with the same VARO-Buffalo and have asked them to CUE themselves on statements a ridiculous letter I received recently.

I hesitated to even file my IHD claim because in over 15 years I never got a DRO or rater who could read at this VARO.

But my AO IHD claim is in Phila RO instead.

A Mandamus writ might help get them off their thumbs too but I suggest you get a lawyer and see what the lawyer says about mandamus.

The lawyer might not advise it and see a better way to resolve this.

AMC is just one more place to shuffle a claim to,in order to put off a decision.Neither the Buffalo RO, the AMC, or the Seattle RO read a single piece of my evidence for my last claim.The BVA did almost 7 years after I filed it.

There are lawyers listed at the NOVA site and also a lawyer from a law firm who does SVR shows here.Carrie Weletz.

Edited by Berta

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no i have a lawyer at the court on my cases

but bva remaned the iu claim it been two years and remaned say buffalo ro was to handle.amc has them and working it.

i was granted my elbow from service 1994 whole claim go back1994. amc handle this granted and granted me O% effective 2007 at wrote i will have to appeal to court.

2001 i put in paper which va treated as and increase rating claim when threw process got to dro was granted 60% from 2001 the dated i put in the paper and iu effective 2001.dro stated this is a full grant of all current appeals.

2007 i did a cue of the 1994 decision got to bva say my intail claims10% from service has been in appeal status and there has never been appeal decision made. claim remains pending dissmissed my cue never appeal deicison made. claim is still pending.

there was the dro decision and the judge called it a ro decision saying the ro granted me 60% 2001 and he granted me 10% from 1994-2001 and remaned the infromal iu claim i already have iu but he say from 1994-2001 he need a medical opinion.

if my claim from service were they granted me 10% for my neck and i appeal were pending. va never certifty the appeal to the board. they just sat there i never no this.

2001 i put in the paper and they treated it as and increased rating claim and the dro granted the claim 60% effective the dated i put in the papers say this is a full granted of my appeal.

how is there still a pending appeal for bva to rated isnt this the new effective dated of my granted issues.1994

how can they do this 10%1994-2001 let it be show they something happen in 2001.

no amc is hold my folder and claims which are to go back to bva will not just denied the iu claim and still have in the computor there working on my elbow claim but i got a decision o% effective 2007 and told to appeal to court this is final. bva granted this from services 1994.

cant do any thing i have appeal this whole thing to the court it been 7 month there and they still will not answer why my effective dated not 1994.

lawyer just put in my brief and they still have 60 day to answer and can put in a motion for 30day more days.

one cue claim of a 1994 decision has been broking up like this. with the hope i would miss a dead line.like the time to make it to court. with all this still going on your time to appeal to court is still running veterans need to be on this. if you dont appeal bva remands and grants and denied become finail.

i am writing the judge because i just believe he over look this and hope this faster than this court thing.

for something a easy as this 2yrs and i did it the way your are to do it with a cue. got everything to go back to 1994 open again wow

and now go threw all this is no right.

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Call the 1-800-827-1000 number and ask for a STAR review. :ph34r: They're the ninjas that audit VARO Ratings, they determine whether CUE's are made on RO decisions. Typically you cannot requests these reviews although we DO ask for administrative reviews when we know the RO is wrong, but the decision should be granted based on an interpretation which the General Counsel may need to clarify....If the BVA denied the issue, saying you never appealed it, then the claim for that issue is likely dead unless there was a specific CUE in that decision, which a CUE based on continuous prosecution is going to be nil, because they did furnish appellate rights which were not acted upon.

You know, it may be easier for them to look at you for an "S" award based on existing secondary disabilities if you have them, and they can be developed and opined as secondary.

This is all about money, there might be an easier way to get you what you're looking for is all I am saying. The goal is to get you there and keep you there right?

On a serious note, Philly kicks out pretty good Nehmer Cases, I worked with one of the project members, he's squared away and I've seen them give $150,000+ retro's when they could, it's all about the evidence.

Edited by rakkwarrior

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