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Appeal Question


Berta

Question

In 1997 my claim (re-open of the dead veterans PTSD claim)was transferred to the BVA but then within 2-3 months this claim was awarded at the RO level due to new evidence-and they sent the check-

I never dealt with the BVA at all.

(OOOPs forgot- My CUE claim of 1998??? was denied at the BVA -I did not pursue (I actually believed what they said in the denial like a dope) but VARO counsel awarded this CUE in 2004??? forget when-

My question is-

When your claim gets transferred to the BVA (They said they have it- I had a nice chat with the sec there-as I asked for a Remand)

do you still get a packet of BVA info and the Appeals Process literature from the BVA?

I think they sent me this stuff in 1997 right before the RO awarded the claim and I withdrew the appeal.

It is all probably on the net- at the BVA site-the BVA process info--- but if I can get it from them without using my own ink and paper it would be great-

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"do you still get a packet of BVA info and the Appeals Process literature from the BVA?"

Berta,

I didn't get anything from the BVA with the exception of the actual proceedings ( the copy of the Remand that they sent to the Appeals Mgt. Center ), nothing like a "packet" of anything and nothing about the Appeals Process.

Darn, now I feel cheated-------------AGAIN! :rolleyes:

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Berta,

I recently (07/14/06) received from BVA a manilla envelope with a letter and a

16 page booklet titled "How Do I Appeal ?"

Right now I'm in the middle of a big hoopla with my VARO (St. Petersburg, Fl.)

because the letter referred to above from BVA states,

" The letter that your local VA regional office sent to you when it forwarded your VA file to us includes important information about restrictions on sending the Board new evidence about your case and on requesting a hearing at the Board or appointing or changing your representative. Please review that information carefully before taking any of those actions."

Well, I have NOT received this letter from my VARO as of this date.

I have called and been told my BVA was certified and transferred on July 6, 2006.

On 07/27/06, I went to VARO and filed a 21-4138 requesting this letter.

Right now BVA and VARO are acting like it's nothing important at all that I have not received this letter.

I told VARO AND BVA per M-21-1MR, Part I, Chapter 5, Section F

#28 - Transferring the Claims Folder

C. # 2 - Prepare a locally generated letter to notify the appellant that the appeal

has been certified and transferred to BVA.

Why is it that the vet must meet all the mandated rules and regs -- but VA

whether VARO or BVA, doesn't have to. How do we stop them from getting away with this?

carlie

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In 1997 my claim (re-open of the dead veterans PTSD claim)was transferred to the BVA but then within 2-3 months this claim was awarded at the RO level due to new evidence-and they sent the check-

I never dealt with the BVA at all.

(OOOPs forgot- My CUE claim of 1998??? was denied at the BVA -I did not pursue (I actually believed what they said in the denial like a dope) but VARO counsel awarded this CUE in 2004??? forget when-

My question is-

When your claim gets transferred to the BVA (They said they have it- I had a nice chat with the sec there-as I asked for a Remand)

do you still get a packet of BVA info and the Appeals Process literature from the BVA?

I think they sent me this stuff in 1997 right before the RO awarded the claim and I withdrew the appeal.

It is all probably on the net- at the BVA site-the BVA process info--- but if I can get it from them without using my own ink and paper it would be great-

berta,If you never sent to bva how did it get there ,on form 9,did you check for a va hearing? your your appeal cannot go to bva without your permission frank
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  • How to get your questions answered...

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    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
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    Post clear questions and then give background info on them.

    Examples:

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      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
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