Bva Perfection Info

[carlie]

I had a BVA Travel Board Hearing last month at my local

VARO. Yesterday I received a letter from BVA telling me the records in my appeal have arrived at the Board on July 6, 2006.

It also informed me to pay special attention to the letter my local VA Regional Office sent to me when it forwarded my file to BVA. Info about restrictions on sending the Board new evidence about my case and on requesting a hearing at the Board or appointing or changing your representative.

I had not nor have not received a letter concerning this from my local VARO.

I called 800-827-1000, the *&%^ I got on the phone said I don't need a letter but gave me the date of transfer as July 6, 2006, my docket # and a BVA info contact # of 1-866-258-0341 - this turned out to be Appeals Management not BVA.

I looked over BVA letter again and IT had the correct # listed,

(202) 565-5436.

I called BVA and told them so - BVA said contact local VARO.

What do I need to do to get VARO to send me a copy of notice of claim transfer to BVA and the additional info I am supposed to be informed of ?

Thanks,

carlie

[Pete53]

Call again and if that does not work put the request in writing. They send out so many form letters no one knows what they are talking about/

Good Luck on your claim.

[Berta]

Carlie- Did the VARO ever send you a formal VCAA letter?

I never got one and have been squwaking ever since- because:

(I think I put why under a Prejudicial error topic here last week)-

If the vet does not get a formal VCAA letter prior to a denial of their claim- the VA has defied the purpose of the Veterans Claims Assistance Act of 2000.

I had to ask vets here what this letter really was-

They promised me two VCAA letters on my CUES-in writing from the VARO- but the VA does not send VCAA letters on CUES.

A VCAA letter is not the usual SOC Blah blah rendition- it has to be identified as a VCAA Notification- they even have pamphlets they can send on it-(I read that in M21-1) and it must specifically tell the vet what they need.

If you did not receive one the BVA will most likely remand because of this violation of DTA- there are considerable remands at the BVA-growing daily-due to the lack of proper VCAA notification to the veteran.

I accessed BVA cases to see what one might be like- in my case-

a widow's claim was remanded because she did not receive a VCAA letter and the BVA stated right in the letter that she should have been advised to get an independent medical opinion to service connect her husband's death.

Her husband'd death certificate did not help the claim and the BVA told her specifically what she needed- but- still a remand to the VARO- adding needless time to the claim.

Her claim was for heart disease and death contributed to by PTSD. Not impossible or improbable.

BVA 04-44 599. http://www.va.gov/vetapp06/files2/0609442.txt

As I have been saying here-this is a nationwide VARO scam-

Ignore the vets evidence and fail to send to VCAA letter to tell them exactly what they need- three years later it goes to the BVA, and then it has to be remanded back to the VARO for the failure of DTA under the VCAA. No closer to a proper decision-

If 50% of all claims are handled this way- 50% of claims appear to have been worked on, the ROs take the 930 end product code, yet the claims simply get off a VARO desk for years.(and an SOs desk)

Why are service orgs putting up with this too-

The American Legion has been very vocal on this practice but I see numerous claims at the BVA on remand-where the vet had a POA yet the POA did nothing when the vet never received a VCAA letter.

In your case you had a hearing and maybe that will by pass the remand.

In my case I accessed at the BVA what VCAA letters to widows should entail and I satisfied what a VCAA letter would say. I got an IMO- I got two-I keep forgetting the VA doctor's IMO.

[carlie]

Can I continue to send BVA persuasive evidence for my claim ?

Evidence that the RO land DRO isted in the Evidence section but in no way ever addressed this evidence in the Reasons ans Basis section -- it wasn't even touch up in any way either positive or negative. Aren't I supposed to get 60 days from date of VARO transfer of my file to BVA to do this ?

Thanks,

carlie

[carlie]

Berta,

If you don't have it here's some VCAA info for you.

http://www.nvti.cudenver.edu/DocumentDownl...290823385294.pd

carlie

[Berta]

Carlie- thanks but I could not get this link to open -

I would love to see a real VCAA letter- then I could scan it and send it to myself- then I would attach my two IMOS to it and send them to the VA AGAIN for the 10-12th time-

but I would also enclose a first grade elementary school text book of basic reading lessons with it.

[mssoup1]

While my husbands claim was at the BVA, I continued to send new evidence to them. I waived my right to have the VARO look at it first. I never had a problem with the BVA not accepting it.

mssoup1