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

[Greg88]

I showed for my hearing today and a little mistake sidelined the process, the DAV and the VA said I was made a 100% in 2007 (I was 100% in 1998) they delayed everything for 6 months and no hearing.

[jbasser]

Get an attorney from the first denial. I urge all vets to do so. The BVA looks at your claim and sees an opportunity to remand it. If you don't have an attorney you have a very high probability of going to the Old AMC. If that happens, You need to learn the game of patience and watch a lot of football. I have a very close friend at the AMC in DC and they have been passing his claim back and forth for well over 5 years now.

J

[john999]

I don't know because I like to file a claim at the VARO and try to win it at the VARO. Say, you file a claim for PTSD at the VARO. The RO gives you a rating of 30% for PTSD using a C&P exam. You are not happy with this rating so you file a NOD and ask for a DRO Hearing. If you can produce some new evidence that your PTSD is worse than 30% you may avoid the BVA. Now if you go to the BVA you want to have your issues pretty clear by now. If you lose at BVA then you go to CAVC where you cannot add evidence. Win at the VARO if you can. I have been at the BVA/CAVC for about 4 years with no end in sight really. If I was trying to get initial 100&/TDIU I would try and keep it at the VARO.

John

[free_spirit_etc]

john999 - I am kind of wishing now that I would have gone that direction a bit more. But I just didn't see much possibility getting my claim granted at the RO level because they seem to twist everything around to deny anyway. But maybe I should have tried harder at that level. Because, as you point out, if I lose at the BVA level, then I can't keep adding evidence.

[Greg88]

It really does not seem to matter how hard you try keep things correct at some of the ROs, little mistakes (which turn the vets lives upside down-but are oh so convenient for the VA)like mistakes concerning dates, missing evidence or misplaced evidence or flat out just ignoring evidence seem very evident at the NY RO. In my mind these little mistakes always cause hardship for the vets but not the VA.

[mos1833]

thanks again all

but in my case it seems like every bit of their evidence against my claim is how the use one or two words to change the meaning of what the issue is.

i have had representation from day one, v.f.w. + all the others that help with the different types of forms and they were good at their jobs. then i made it to the board then i requested my c-file it was to say the least. shocking .

i got an attorney, man he was good, got a remand but not for the little mistakes,but for vcaa duty to assist.

he got me two more remands over about 14 years, and even though i complained about the record, rba , the attorney said after its in the record it can be changed at the court or the board????? . he said i should open a new claim at the r.o.

and thats where i;am at now, dam i;am tired , iam so confused i dont know if iam picthing or catching.

go a head ace now , thanks again