Bva Question

[grent]

BEEN 3 YEARS NOW CAN YOU SHOW OR ADVISE ME SHOULD I DO A WRIT OF MANDAMUS??

OR JUST CONTINUE TO WAIT THE VA OUT? SPRING SUMMER WINTER GOES BY YEAR AFTER YEAR NOTHING NO DOCKET NUMBER NO LETTERS NOTHING??

IM WORRIED I MIGHT DIE BEFORE I EVER GET A HEARING AT THE BVA

I'M GETTING TIRED OF WAITING.

[grent]

I agree!

Did a VSO send in an I-9 for you or do you have proof of mailing it yourself?

A former local vet rep called me up one day asking me to help with a vet's claim.He sounded in great distress.

When I got over to his office he told me what happened. The vet gave him the I-9 and he ,the POA rep ,said he would send the I-9 to the VA right away.

He never did and forgot all about it and the appeal period had passed and the vet had called him for a status on the appeal.The claim was awful anyhow. He had tried to get the vet's personality disorder service connected.

When I told him that claim would NEVER succeed he wanted me to try and open a claim for PTSD instead.

I interviewed the vet, went over his SMRs, and all med recs.

The vet ,in my opinion had a personality disorder and had absolutely nothing to build a PTSD claim on.

So,luckily for the rep, the vet couldn't sue him.

It might sound unusual for a rep to call me but this guy also was the boss of the vet org office.

But this scenario does not happen often at all. It is always best, regardless of having a POA or not, to mail important stuff to the VA oneself and get proof of mailing from the PO.

yes form 9 was sent in on time in on time return receipt green card and i have copy of form 9 stapled to green card will try to call NSO or ombudsman

i like this site most important its me HOPE thats the most important besides the retro

if my effective date is moved does the new effective date count towards my 20 year vesting period where the VA finally leaves me alone??

[Berta]

“would like to know can a case be called back by the varo and then paid while waiting to go to the BVA???? “

Remanded BVA cases are often awarded at the VARO level due to the remand.

But I dont think that is what you mean here.

“the lawyers told me they wrote a brief so im sure their must be a dockett number ill BVA see what i can find out. “

Surely the lawyers have a Fax or email contact if they don't call you back.

Where did they send the 'brief' and did they send you a copy of it?

It is possible the VARO is still working on the claim and has not sent it to the BVA yet at all.

This happened to me before once years ago and then fairly recently .It isnt unusual at all.

It involved claims that were set for BVA transfer but were awarded at the Regional level before even getting a BVA docket number.

But it was also because I kept sending the VARO evidence and I knocked down every C & P they ever did regarding my claims.

Is it possible the 'brief' the lawyer's sent, caused the claim to still be worked on at the VARO level instead of being transferred to the BVA? erhaps the brief raised very important issues the RO didnt consider yet

“would like to know can a case be called back by the varo and then paid while waiting to go to the BVA???? “

Remanded BVA cases are often awarded at the VARO level due to the remand.

But I dont think that is what you mean here.

“the lawyers told me they wrote a brief so im sure their must be a dockett number ill BVA see what i can find out. “

Surely the lawyers have a Fax or email contact if they don't call you back.

Where did they send the 'brief' and did they send you a copy of it?

It is possible the VARO is still working on the claim and has not sent it to the BVA yet at all.

This happened to me before once years ago and then fairly recently .It isnt unusual at all.

It involved claims that were set for BVA transfer but were awarded at the Regional level before even getting a BVA docket number.

But it was also because I kept sending the VARO evidence and I knocked down every C & P they ever did regarding my claims.

Is it possible the 'brief' the lawyer's sent, caused the claim to still be worked on at the VARO level instead of being transferred to the BVA?

However, vet reps and lawyers are given the opportunity to prepare a 646 form prior to a BVA transfer.

That 646 can often lay around a long time before it gets done and sometimes be prepared poorly.

It would be the same as a 'brief' in my opinion and if prepared correctly, it could certainly do wonders for a claim if any errors occurred in the VCAA letter or any probative evidence has not been considered yet by the VARO.

It is possible the lawyer's brief raised important issues that favor your claim?????

Vet reps are given the opportunity to prepare a 646 form prior to a BVA transfer.

That 646 can often lay around a long time before it gets done and sometimes be prepared poorly.The BVA transfer period usually waits for the 646 if the claimant has a POA.

It would be the same as a 'brief' in my opinion and if prepared correctly, it could certainly do wonders for a claim if any errors occurred in the VCAA letter or any probative evidence has not been considered yet by the VARO.

[Berta]

“would like to know can a case be called back by the varo and then paid while waiting to go to the BVA???? “

Remanded BVA cases are often awarded at the VARO level due to the remand.

But I dont think that is what you mean here.

“the lawyers told me they wrote a brief so im sure their must be a dockett number ill BVA see what i can find out. “

Surely the lawyers have a Fax or email contact if they don't call you back.

Where did they send the 'brief' and did they send you a copy of it?

It is possible the VARO is still working on the claim and has not sent it to the BVA yet at all.

This happened to me before once years ago and then fairly recently .It isnt unusual at all.

It involved claims that were set for BVA transfer but were awarded at the Regional level before even getting a BVA docket number.

Is it possible the 'brief' the lawyer's sent, caused the claim to still be worked on at the VARO level instead of being transferred to the BVA? Maybe they raised some significant issues that would help the claim?

Vet reps are given the opportunity to prepare a 646 form prior to a BVA transfer.

That 646 can often lay around a long time before it gets done and sometimes be prepared poorly.

It would be the same as a 'brief' from a lawyer in my opinion and if prepared correctly, it could certainly do wonders for a claim if any errors occurred in the VCAA letter or any probative evidence has not been considered yet by the VARO.

Then again ,you got very good advise here and , if these were my lawyers and if I had signed a contract to pay them real money if my claim succeeded, I would be on them like a fly on s--t for a response to my queries and a copy of that 'brief'.

[broncovet]

If you hired an attorney, he/she should be the first one you contact, IMHO, not the Ombudsman. Attorneys often complain that clients "go around them" and work the claim themselves and, sometimes to their demise. Most attorneys want you to contact them first (or even exclusively...if you send the VA paperwork and the attorney does not know about it...it puts him in an uncomfortable situation)

Give the attorney a chance of doing his job...Im suggesting giving the attorneys office ONE MORE TRY to return your phone calls, and only then do you take matters into your own hands, contacting other attorneys, ombudsman, Iris, etc.

It is possible you send something to the VA that conflicts with papers the attorney filed. This conflict would almost never be good for you, and could be disastrous.

[deanbrt]

The reality is many of these law firms will do the briefs (all too frequently in a half assed manner) and fill out the forms. Then they wait around for their check. If you dare ask them if they have checked status on your claim, they blow you off with "these things take time". Then God forbid you should try to check status on your own. IT IS YOUR LIFE. Give them a chance to tell you status and, if they do not, DO IT YOURSELF. You are their employer. They work for you.

"If you hired an attorney, he/she should be the first one you contact, IMHO, not the Ombudsman. Attorneys often complain that clients "go around them" and work the claim themselves and, sometimes to their demise. Most attorneys want you to contact them first (or even exclusively...if you send the VA paperwork and the attorney does not know about it...it puts him in an uncomfortable situation)

Give the attorney a chance of doing his job...Im suggesting giving the attorneys office ONE MORE TRY to return your phone calls, and only then do you take matters into your own hands, contacting other attorneys, ombudsman, Iris, etc.

It is possible you send something to the VA that conflicts with papers the attorney filed. This conflict would almost never be good for you, and could be disastrous. "