Can New Evidence Be Submitted With A Motion To Reconsider To The Board

[lotzaspotz]

Or are we better off just asking the attorney to appeal to the Court (which I know does not accept new evidence). Has anyone here had any recent success with a reconsideration request to the Board?

[carlie]

Or are we better off just asking the attorney to appeal to the Court (which I know does not accept new evidence). Has anyone here had any recent success with a reconsideration request to the Board?

I'd be sure to submit a signed Waiver of VARO Consideration

to prevent remand.

http://www.va.gov/vetapp07/Files4/0730860.txt

On May 2, 2007, the Board denied the veteran's claim of

entitlement to an increased initial disability evaluation for

PTSD and continued the assigned 50 percent rating. On May

14, 2007 the veteran filed a motion for reconsideration with

the Board. On September 14, 2007, the Board granted the

veteran's motion for reconsideration and subsequently vacated

the May 2, 2007 denial of the veteran's claim. This decision

is a reconsideration of the prior denial, to include

consideration of the new evidence submitted by the veteran

from the VA Medical Center (VAMC) in Durham, North Carolina.

This reconsideration panel will accordingly readjudicate the

veteran's claim on a de novo basis.

[lotzaspotz]

The decision was dated in early December. We're appealing some other issues to the Court through an attorney, but we had been handling this one ourselves all these years. I thought we might give the BVA another shot at it until the end of February, and if we didn't hear anything by then, we'd ask the attorney to take that one, too. Carlie, I added the waiver you discussed to the packet I'm sending to the Board, thank you for suggesting it.

[63SIERRA]

we get lied to so much its hard to make sense of it all sometimes. I had a hernia when I was getting tratment for hepc I believe it was caused by the invoulentary, straining that the medicine causes when you go deficate. it makes your stomach writthe in pain, and cramp, and you strain hard to get the poison out of your body.

The doctor sewed the hole in my stomach up several months after the hep c chemoptherapy treatment. I asked the doc how it happened and he went into this spiel abt its a weak spot when your born, and some people have weak tissue there, some dont , blah, blah blah.

SO when the operation was done I asked the surgeon how it went and he said, extremely well, YOU HAVE VERY GOOD TISSUE!!

So if I have good tissue, why did I get a hernia. I never filed for the hernia as secondary to hepc, because the regs read the dont compensate for a healed condition.

Your case is unique, because it will be hard to tell when it became " unhealed" as it obviously did, becasue they had to put the packing in it,

FUTHERMORE. I am sure, that I read somewhere, that theyre were lawsuits involving the material used to " pack " the hernias with,. and they dont use it anymore. maybe do some googling abt it.

[meghp0405]

^{throw it on the wall and see what sticks, vso of the year material right there!}

[lotzaspotz]

meghp0405,

Sorry, I'm missing the point of the VSO comment, what is it?

[63SIERRA]

meghp0405,

Sorry, I'm missing the point of the VSO comment, what is it?

Hes real helpful aint he?