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Bva Baffled By Mysterious



I was just checking with the BVA on my issue there- and they have my Remand Request.

I explained that one issue on the appeal is moot because they are working on it now at the RO level (SMC CUE accrued )

That only left the direct SC death due to AO issue.

This went to the BVA on July 18th.

On August 2nd 2006 a Motion for Reconsideration was filed apparently by someone at the VARO- my vet reps sure don't have a clue to file one and I didn't file it.

Checking my RO log- as the BVA person was very confused and asked me what decision I got in June because there is no decision there regarding this-

in June I recall only getting a letter that they wanted to re-open an old CUE claim I had for SC death-

the letter was dated June 30,2006.And it defined my 7 issues-all separate claims.

But an appeals coach on June 30, 2006 was last person to have my Agent Orange claim.

The letter I received dated June 30 clearly has the direct SC AO claim ongoing and in appeals- yet

the phone log shows authorization and three signatures and numerous coaches and supervisors and raters getting this AO claim from Jan 24th 2006 to June 30, 2006.

After two coaches had the claim on June 30,2006 the next thing I got is a BVA transfer letter dated July 12,2006-from the VSM. This was odd even to the 800# because they said why would a denied claim need three authorizations?

Beats me -I replied--I dont work there-

A Motion for Reconsideration was filed on June 30,2006 on my AO SC but the BVA has no idea on what RO decision or who filed it?

My Reconsideration request on a CUE denial was sent in by me late July and they are working on that claim now-so that isnt it-

In 1998 I filed Motion to reconsider a CUE I had but District counsel awarded that about a year ago by cueing the VARO on it because I did not appeal beyond the BVA Motion-I forgot about it until I got an enormous check in the mail from the VA and then had to wait 4 days to get their letter explaining it-then they made an error of $11,000 more so I got that fixed in 3 weeks too-

The woman said it clearly is not that Motion at all which is still in my old BVA files.This one was filed on June 30, 2006.

Has anyone here ever had a VARO employee like an appeals coach- ever file a Motion for Reconsideration on a denial in their behalf?

Edited by Berta
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The BVA has remanded my claim as I requested-per their email-

as it was sent to them on July 18th, 2006----

but I am still waiting for confirmation from with the RO or my vet rep-

I reguested this remand on July 24th and then in August with additional evidence,I again pointed out the need for immediate remand-

This is not on the BVA computers yet -anyone know how long that takes????

I want to start celebrating this victorious battle maneuver I succeeded in but- after 20 years or more dealing with VA-I am unable to accept anything without additional confirmation.


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