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Three Weeks Till My Bva Hearing..still No Copies Of My Records?

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Commander Bob

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  • HadIt.com Elder

Three weeks till my BVA Hearing..Still no copies of my Records???

Here is the email I received from my Rep.

**************email***********************

from: NSO Rep.

In response to your call this morning:

It is my firm opinion as your representative that you should not ask to again reschedule your ... Travel Board hearing. It is so difficult and time consuming to get these Travel Board’s scheduled and they already rescheduled you once when I was not available since they did not provide enough notice and I was working that week in DC at BVA.

I realize they have not provided you copies of your claims folder which you requested years ago and recently received notice that such a request is pending. As I informed you, this was clearly stated in our 646 and will be presented to the judge in the hearing. Obviously your case will be remanded to accomplish that task if necessary, but the judge also could grant or remand for other action like an independent medical opinion, etc. We also, if you have finally in the interim received the records, can ask for the judge to hold the case in abeyance until you are able to obtain your own medical opinion.

My experience,... is that the years we have waited for action on your appeal will just be compounded by a request to reschedule and your case needs to be moved from their jurisdiction to the Board’s. If we submit additional evidence before the case is fully out of xxxxxxx jurisdiction it will not be handled expeditiously as it would under the Board’s control or under a remand to the AOJ.

NSO REP.

************************end email*****************

JMHO... I will attend the the May 22nd Hearing...and leave the bldg, either granted or remanded...

Best regards ,

Cmdr. Bob

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Edited by Commander Bob
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Is your rep trying to strong-arm you? I know they take forever to reschedule, but I don't know if I'd give up my place in line a second time. Your call - your claim, though.

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  • HadIt.com Elder
Thanks for your support 'Justrluk' . All things considered, I think my NSO is doing the best he can, with what he's got. (As Bob Dylan once wrote..." Don't think twice, it's all right)

Well, I still do not have copies of my records and files, that I repeatedly, formally requested from my VARO years ago. It has taken over 1,700 days for my case to come this far. Because the VA has refused to send me my records in a timely manner, I am thinking about relying on 38 USC 5107 (b) and my memory, to overturn the negative elements of my SOC, at my BVA hearing...
What do you think my chances are? Any ideas?

I would like to bring this thing to an equatable and honorable end ASAP!!!
Plan B: is a remand.
Bob
Edited by Commander Bob
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Well, in my case I thought they had everything they (BVA) needed to make a decision. Not only did the BVA not make a decision, but the added back an appeal I dropped because I hadn't heard anything from the ATL VARO. Told the VARO to issue a SOC for the dropped appeal. I just wanted it over as well. Now, still on the hamster wheel waiting for the remanded C&P exams. Get this: because I wanted a restoration of a percentage that had been reduced because the VA said the condition preexisted service, they want a C&P to be scheduled during a flare-up so they can get a true read on ROM, swelling, etc. for arthritis. It has taken years to get it under control and now I'm supposed to stop taking medication so they can get a better look at the condition. Cruel in my mind, but as you stated at least it is a remand v. a denial.

I think you're going to do the best you can. If you present and tell the judge you've not yet received your record, you almost force a remand by default as you haven't been allowed to present the best case you can.

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I'm sure in your case you should have sufficient evidence to weigh the decision in your favor based on the CFR.

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