tdiu Wondering If This Has Happened To Anyone Else Lately

[Shyne-I]

Hello All,

I am wondering if anyone has received a letter from their RO lately stated that your appeal period has expired and in reality it has not??!!

Just a little background for those who don't know my struggle...

I filed an original claim for Fibromyalgia, Depression secondary to Fibromyalgia, and individual unemployability on July 11, 2012. I received my denial on April 11, 2013. I submitted new and material medical records that I was just recently able to get a hold of from the years 1997 to 2004 to show continued symptomatology to prove "continuity" for service connection. I submitted a NOD around the same time because I disagreed with the VA examiner's rationale on my C&P exam for Fibromyalgia. From there I asked for a DRO review and requested to be present for a informal hearing. Well....I was once again denied by the DRO without even having the informal hearing. I finally sought out help from the TVC because I was never able to find an AMVETS rep in my area; we filed the Form 9 on November 11,2013. Fast forward to today...I received a letter from the Waco RO stated that:

" You were previously denied service connection for fibromyalgia. You were notified of the decision on April 11, 2013. The appeal period for that decision has expired and the decision is now final. In order for us to reopen your claim, we need new and material evidence. Your claim was previously denied because the evidence does not show an event, disease, or injury in service. Therefor, the evidence you submit must be new and relate to this fact."

My appeal period shouldn't expire until April 2014!! What is going on here?? I'm at a loss, my VSO says that this has been happening a lot lately and just come in and we will submit a statement. Does anyone have a clue of what is going on?

Shyne-I

[carlie]

Oh Berta,

I forgot to mention that I called an found out that my

Travel Board hearing has been scheduled for May 2014!! I think that they do this purposely....schedule a hearing on a date after the 1 year appeal period has expired!!

What exactly is a Travel board hearing?

Is this the informal hearing that I requested for my claim with a DRO or the VSCM or is this the hearing with the BVA??

Shyne-I

Shyne,

NO -this IS NOT the, 'informal hearing' you requested with a DRO or VSCM.

A travel board hearing is with an Judge at the BVA level.

They will most likely schedule it to be held at your VARO.

This is your best shot at getting your claim issues advanced.

I would most likely represent myself at the BVA hearing.

From your posts I know you have a comprehensive mind.

I'm concerned that the BVA will NOW PICK UP, on your request for a hearing

with a DRO or VSCM.

If this happens - the BVA HAS to do a remand for you to get your due process,

of the hearing with the DRO, that you requested but the VARO left it as, unfulfilled.

This would just add a ton of time to your waiting for a resolve.

At the Travel Board Hearing, you can submit a written 21-4138 to withdraw

your request for a Hearing with the DRO or VSCM.

This would nip that reason for remand - in the bud.

(BTW - I do not think the VARO provides for hearings, specifically with the

VSCM and find nothing anywhere to support a request for a hearing with

the VSCM.)

Someone will most likely correct me if this is inaccurate.

Personally, I would work on getting copies of the prior RD's/ SOC's etc. . .

and all of my evidence that supports a grant of benefits together, in a binder

to take to the BVA hearing.

I would ask the judge what is needed to support a grant of my issues

and each time the judge would say what is needed I would hand a copy of it

to them right there at the hearing.

I would read my argument into the record at the hearing.

jmho

[Shyne-I]

I filed a NOD, and requested a reopen at the same time. so not sure what they are doing, but says its on reopen not appeal . OK LISTEN UP. If they deny me again, I will then request a FORMAL adminitstrative review. This will allow me to make them produce what it is they used to deny me, and I can use that against them at a APPELATE court hearing. Shyne what was your reasoning in asking for an informal hearing ?

Sierra I asked for an informal hearing to introduce the IMO and point out evidence that I feel they either over looked our just didn't understand what they were looking at.

[Shyne-I]

Thank you Carlie for answering that question for me. I will definitely withdraw the request for the DRO hearing once I get before the BVA!! I already have two binders put together with all of my evidence and correspondence with the RO (tabbed by contentions, and dates)!! Thank you everyone for the responses.

Shyne-I

[free_spirit_etc]

This is such good advice!

Personally, I would work on getting copies of the prior RD's/ SOC's etc. . .

and all of my evidence that supports a grant of benefits together, in a binder

to take to the BVA hearing.

I would ask the judge what is needed to support a grant of my issues

and each time the judge would say what is needed I would hand a copy of it

to them right there at the hearing.

I would read my argument into the record at the hearing.

jmho

[free_spirit_etc]

Thank you Carlie for answering that question for me. I will definitely withdraw the request for the DRO hearing once I get before the BVA!! I already have two binders put together with all of my evidence and correspondence with the RO (tabbed by contentions, and dates)!! Thank you everyone for the responses.

Shyne-I

Good luck Shyne-I!

[71M10]

Something don't smell right here(just like the grammar).

The claim was filed in 2012, decision in 2013, NOD April 2013 a DRO decision, Form 9 in November 2013, and a travel board hearing in May 2014. At least your stuff is moving/being worked!

Your form 9 was most likely still being processed by the mailroom when they decided your appeal was closed due to lack of repsonse. How the VA can set a 60 day time limit on receipt of a form when the majority of their RO's are incapable of processing mail within 90 days amazes me.

No one has a right to an informal conference, informal conferences are at the discretion of the DRO. My VARO tried to tell me I couldn't request one, I showed them in writting that I could. They accepted the request took about a year and a half for them to tell me they didn't want to give me one. They are REQUIRED to give a formal hearing if you request one.

I have a form 9 that has been sitting in Detroit for 4 years 3 months still not certified to the BVA. The last action (besides lying in IRIS messages) by my VARO was April 2013 and they are still in you don't have any active appeals mode.

Start prepping now for your May travel board hearing (it will be here before you know it!).

Edited January 2, 2014 by 71M10