Bva Claim Misdirected

[pipeman043]

Hello,

I've looked around here and in the FAQ's but didn't see my specific issue

so I'll ask here.

Recieved a letter from the RO saying they certified my claim to the BVA.

Letter also said I would be contacted by the board acknowledging reciept

of my claim file. After 45 days of no contact from the RO or the BVA, I

sent an email to the ombudsman inquiring about my claim file. Took a week

to get a reply, but was told they sent my file to the DAV for review. Problem

is my POA is the Legion. Sent them back a email copied to the AL SO at the local

RO. The ombudsman responded that there was no 21-22 in my file. I faxed down

copies of both the 21-22 appointing the Legion as well as the 21-22 revoking the DAV

both stamped by the RO with an effective date of Aug 2005, a year ago. I asked

in the fax letter to the ombudsman what procedure is available to make sure that

they have my complete file as it is obvious that there are some pages missing.

The only response I recieved was that they pulled my file from the DAV.

I have been on ignore ever since. The BVA or ombudsman have not responded

to the fax or to the email. What do you do in this situation?

[Berta]

pipeman-

when I learned I was about to get an award on my claims in the late 1990s I sent the DAV (for spite) a faxed rescind notice and had picked a potential vet rep from the state of NY with offices on grounds of the local VAMC .

Well- the Fax rescind didnt work-(this was in the days prior to the scanner-fax)the DAV said I had to type it out and sign it and send it to the NSO at the DAV- By the time that all took place and the VARO got the signed recinded POA, the DAV got credit for one of my claims but a few months later the NYSDVA got credit on the other one-which they never worked on.

I am concerned here about something else- were your files transferred to the board for 90 days in which you can send more evidence?

The POA is probably preparing a 646-???

My POA has -not to my knowledge- prepared a 646 but they (RO)sent my claim to the BVA and I already asked for a remand-I dont think my POA even had a chance to look at the I-9 and prepare the 646- or they simply didnt do it- I am waiting for their response on that-

646- it says on this form that this is the actual document that proves full representation through your POA-

It usually takes the format of stating their support for your claim.Some are quite involved and others are just generic and done very fast . The BVA does read these 646s when they read the appeal.

Did you get a legal VCAA Notice with the check boxes on it?

Unless your claim cannot possibly be proven or have any validity-and I am sure it is a good probative claim- the VARO MUST send a veteran who filed or re-opened a claim after 2000 VCAA date-a VCAA letter prior to any denial.

It must tell the vet specifically what they need to succeed.Otherwise the claim will probably be remanded anyhow by the BVA.

[olenavygoat]

It sounds like it's time to contact your congressperson and ask them to send an inquiry to the VA for an expedited rating/response to your situation be sent to their office and you. Make sure you take in everything. The VA does absolutely hate to get fan mail from a congressperson. They have to stop what they're doing and actually look and respond.

[Berta]

I believe their Congressional liason person-the one who has to make up (I mean manilpulate) something good to tell the Congressman is one of the few RO employees who actually reads a c file well enough to respond to these Congressional letters.

If the adjudicators took this type of time in the first place-with claims- there would be no need for congressional invention-

I was surprised that the Senate,(Committee on Vet Affairs) upon receiving my complaint- in days they started an inquery here at Buffalo-

that's good- my files are all at the BVA -even the CUE claim decision they just said I could NOD-I verified that by 800#-I mailed my response yesterday-to the RO-where the CUE should still be- but then for spite I sent it also to the BVA asking for a remand because obviously-my appellate rights were totally violated AGAIN!

It is my goal to get my file back to the RO so these employees can finally earn their wages by working on it-that was my goal for 3 long years ago in the past-and I did get all my decisions resolved at the VARO in my favor=until I filed these new claims-

this may not make sense to many of you-the BVA is good- but

they (RO)are not showing my dead husband respect and I wont stand for this.

I dont care if they crap on me at this VARO- I certainly have past documentation on that and I expect it from them regarding me--but this claim is for my husband's Peace with Honor.

I had to point that out to my POA recently too.

Peace with Honor is what I am fighting for.

I didnt know when I filed it that it was worth retro.