How To Fix Little Mistakes

[mos1833]

i lost my claim. the va made so many little mistakes , and they kelped me confused the whole time i was in the appeals process, ( i heard it said after va puts something on paper you'll never get it changed )

so now i want to list some of these little mistakes in no particular order, but this one is very confusing.and i hope you'll understand what my questions are.

this question is about remand orders. 95-42 640

a june 2004 decesion and order,vacated the boards decision and remanded the matter for further consideration.
in a march 2008 per curiam opinion,the united states court of appeals for the federal circuit (federal circuit) summarily affirmed the courts june 2004 decision.

subsequenty,in october 2008, the board again found that the veteran had submitted new and material evidence to reopen his claim.

see what i mean,the board again found that the veteran had submitted new evidence, even though i didnt summit any thing , and so i guess it came back from the federal circuit needing new evidence, is that right ? was this a mistake ? thanks

[mos1833]

thanks again all

but how can you fix all the little mistakes,

consider this- - the october 1971 service separation examination. they refer to

does not exist.

i have tried to get them to produce it,but they wont even acknowledge my complaint.

----

As to the issue of whether a chronic disability was shown in service, the Board places high probative value on the

October 1971 service separation examination,

which showed a normal clinical evaluation of the Veteran's spine.

The Board has also considered the Veteran's statements that he was placed on light duty for the remainder of his military career but finds no supporting medical evidence indicating a low back profile.

Moreover, several attempts have been made to obtain additional records to support his claim but the search for these records has proved unfruitful. As such, the Board assigns greater probative value to the showing of a "normal" back examination at the time of service separation.

[Philip Rogers]

One thing I should point out is: the National Archives, of which the NPRC is a part of, decided to limit the time they'll spend doing research for items, some yrs back. So when they say "they could find no record(s)," what it really means is they could find no records within the 12 minutes allowed for in each search, not that the records don't exist. You might consider either going there yourself and searching or hiring an independent researcher. They have a list of independent researchers you can contact and their rates. I have been to the National Archives, in College Park, MD, a couple of times and found everything I was looking for. Mine involved records of my unit, in VN, from 1965 - 1967.

pr

[free_spirit_etc]

That is interesting Phil. I am close to St. Louis, and I called to request to be able to view my husband's records there. They said I have to request the records and then they when I receive notice they are available, I can call for an appointment. So it didn't seem any different than just having them mail me the records. But I would like to be able to go there and dig around some.

[free_spirit_etc]

If MOS1833 can find any of the records -- then they might have to re-adjudicate the claim, right?

[john999]

I think one way to avoid little mistakes is to have legal representation as soon as you see your claim going off the rails. Once your claim is beyond VARO it gets harder and harder to correct errors. You know that you can go to federal court after CAVC, but I bet your lawyer just wanted off the case.

[free_spirit_etc]

I thought most claims were generally off the rails at the VARO - and the BVA was the place to hopefully get them straightened out.