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

[Guest jangrin]

Berta,

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-

I believe I have a "real true to life" VCAA letter. A while back you did a post talking about this type of letter and I said in the reply what my husband's DMII VCAA letter consisted of. You may have missed the post. I will try to scan the letter. We have actually recieved two of these types of letters.

Jangrin

[Berta]

You would think these vet reps would make sure that a claimant got one.

I am beginning to call this "VA VCAA gate" - what a scam-a deliberate circumvention right from the git go of a veteran's Duty To Assist rights. I didnt put it that way-scam- when I wrote to the Senate-

well

gee maybe I did---I forget-

If you got two maybe one of them is mine?

HA HA! just kidding

[Guest jangrin]

You would think these vet reps would make sure that a claimant got one.

I am beginning to call this "VA VCAA gate" - what a scam-a deliberate circumvention right from the git go of a veteran's Duty To Assist rights. I didnt put it that way-scam- when I wrote to the Senate-

well

gee maybe I did---I forget-

If you got two maybe one of them is mine?

HA HA! just kidding

Berta,

It's ours and you can't have it. lol :) We will see if we can scan and attach for you to take a look see. I never have scanned before so I'll be learning something new here.

If not I'll mail a hard copy to T-bird for her to forward on.

Jangrin

[carlie]

THE VETERANS CLAIMS ASSISTANCE ACT OF 2000

On November 9, 2000, the President signed into law The Veterans Claims Assistance Act of 2000 (VCAA or Act). See Pub. L. No. 106-475, 114 Stat. 2096 (2000). The VCAA:

Eliminates the requirement in 38 U.S.C. § 5107(a) that in order to earn the right to VA assistance in developing the pertinent evidence, a claimant must first submit enough evidence to make his or her claim "well grounded" -- thereby overruling longstanding precedents of the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for Veterans Claims (CAVC);

Amends 38 U.S.C. § 5103 to require the VA, upon receipt of a "substantially complete application," to notify the claimant of any information or evidence necessary to substantiate the claim; and

Adds a new section, 38 U.S.C. § 5103A, requiring the VA to make "reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant's claim." New sections 5103A(b), ©, and (d) specify that the VA must:

(1) make reasonable efforts to obtain relevant, non-federal records that the claimant identifies and authorizes the VA to obtain;

(2) continue to try to obtain existing service medical records and additional records in control of other federal agencies (unless it is discovered that the records do not exist or are unobtainable); and

(3) provide a medical examination and/or opinion if the VA finds the veteran has a current medical disability or symptoms and there is evidence to suggest that the current symptoms or disability may be related to an event, injury, or disease which took place in service;

The Act mandates its application to any claim filed on or after the date of enactment, as well as to any claim filed before the date of enactment but not final as of the date of enactment. This means that the VCAA applies to all future claims and any claim pending as of November 9, 2000.

The VCAA also gives individuals two years from November 9, 2000, to request that VA readjudicate claims denied as not well grounded which became final between July 14, 1999 and November 9, 2000. These claimants are advised to immediately contact their representative (usually a service officer). Requests for readjudication should promptly be filed with the local VA regional office.

Note: Because the VCAA eliminated the "well-grounded claim" requirement, please disregard all references to "well grounded" in all NVLSP Self-Help Guides.