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Bva Appeal


carlie

Question

My claims folder has been certified and transferred to BVA.

I already had a BVA Travel Board Hearing at my local VARO which is also my AOJ.

My file was transferred July 6, 2006.

QUESTION:

Can I still continue submitting info to BVA -- none of it is new medical info.

What I want to submit is laws VA didn't go by, evidence listed but not addressed in Reasons & Basis - SOC's and SSOC's.

Thanks,

carlie

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  • HadIt.com Elder

Carlie,

You can submit evidence to the BVA at any time. However, remember the evidence, to help your claim, should be 'New." Also, let's say you send in evidence, but the BVA makes an adverse decision before the evidence makes it to your claims folder, you can ask the BVA to "reconsider" their prior decision based on the "new" evidence. There is no time limit to ask for a "reconsideration."

Vike 17

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Vike- on my main claim I had two IMOS and also significant other medical information from VA itself.

It was all ignored and I have presented this to my POA asking why this happened.

I was assured by my POA in Sept 2005 that they would consider my IMOs. He thought they had at first and expected an award.

I sent the IMOs and referred them to the other significant medical evidence I had-which could allow an award even without the IMOs.

I totally knocked down a deficit VA IMO- I did that many times in the past to succeed on Sec 1151 and an accrued claim I had. Regardless -the evidence I have still outweighs theirs and my vet rep thought I would succeed under Relative Equipoise.

So is this going to be considered new evidence by the BVA- the IMOs etc? because I have sent it all to the BVA last week as well as 10-12 times to the VARO who refuses to acknowledge it.

This is the exact route they took in 1994-1998 with my claims-

I had to practically hit them over the head with the evidence.

And they finally did award.

My claim had been sent to the BVA at that time too but that is when it all began to change at the VARO level-that -for some reason was the turning point with the RO-

AFter it went to the BVA in 1997- a few months later-maybe in 2 months- I got the first award from the VARO -the BVA- they never even read any of it-as far as I know-and then after a few more months the RO awarded the second claim.

One of my local vets who I helped in 1995 thinks that-since I am well known in this veterans community and well known by many at the VARO-that they are holding my volunteer advocacy against me regarding my claim.Also I used some bizarre tactics in the late 1990s to get them to respect my claims then. That helped.

They have seen letters in support from me regarding evidence on other claimants there and also they are aware I am the source of info from M21-1 etc, and med web sites for many of these vets , as I sure sign my name to some stuff and list all my vets orgs etc.

I dont really think this is possible is it? what good would it do for them to have a vendetta-

this same vet said this to me in the late 1990s-a letter I wrote for him to VA got him 100% in 3 months from the same VARO so he cannot understand why I have again having the same problems there with my evidence.

Back to the important question-

Things have changed a little since my last claims were resolved at VA as far as the BVA goes- but it is odd to me that "new" evidence -in many cases is what they already have received from veterans and other claimants like me.

Question- does that make any sense whatsoever?

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  • HadIt.com Elder

Berta,

'So is this going to be considered new evidence by the BVA- the IMOs etc? because I have sent it all to the BVA last week as well as 10-12 times to the VARO who refuses to acknowledge it"

If the evidence is not disciussed within the "Reasons and Bases For Findings and Conclusions," it's a good bet your evidence, for some reason or another, wasn't with your claims folder when the Veterans Law Judge made their decision. Therefore, these evidence would be considered new because they apply directly to your appeal, and they weren't previously before the decision maker.

Now, if the BVA did discuss those evidence in their decision, I would file a motion to revise the Board's decision on the basis of CUE. If you do this, you have to be really careful, as the BVA will not review a final decision on this basis more than once. You'll need to look at the Board's Rules of Practice on CUE in §20.1400 and 20.1411.

"One of my local vets who I helped in 1995 thinks that-since I am well known in this veterans community and well known by many at the VARO-that they are holding my volunteer advocacy against me regarding my claim"

I don't think that is necessarily the case. Hell, your RO is probably happy that you're helping veterans because at least they know that your claimants submit well prepared claims, and they don't have to try and learn a second language to figure out what the veteran is claiming ect... The majority of the claims I help with go through one RO and I'm sure they're aware of who is helping. I think I've reached a total of about $1 million in retro won for all the veterans I've helped within the past 4-5 years, and this doesn't phase them.

"I dont really think this is possible is it? what good would it do for them to have a vendetta-

this same vet said this to me in the late 1990s-a letter I wrote for him to VA got him 100% in 3 months from the same VARO so he cannot understand why I have again having the same problems there with my evidence"

I don't think they have a vendetta against you. From what I've gathered some of your claims are VERY complex and probably haven't been seen by the majority of the VSR's and RVSR's. You have to remember that the VA RO's are under tremednous pressure to complete claims and their employees are a constant merry-go-round of hirings-firings-resignations-and-retirements. So the majority of the VSR's & RVSR are vastly unexperienced and haven't worked very complex claims. Just take a look at the IG reports of some of the RO's and their subsequent employee turn arounds. Some new hires don't even last a year! They're not out to intentionally "screw" the veteran, it's just they don't have the time, needed training and resources to accuratly adjudicate these really complex claims. That's probably why some of your claims get screwed up. Does this make sense?

"Things have changed a little since my last claims were resolved at VA as far as the BVA goes- but it is odd to me that "new" evidence -in many cases is what they already have received from veterans and other claimants like me"

You would be really surprised at what veterans "think" is with their claims folder as far as evidence are concerned, and what actually "is" in the folder at the time of a decision being made.

Vike 17

Edited by Vike17
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Vike,

I'm not sending NEW evidence as most of my BVA Appeals pertain to EED going back about 20 years. (CUE'S) I just want to point out additional matters of legal fact the VARO (my AOJ ) and DRO's did not adhere to.

Thanks,

carlie

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