Remand 51 Days Confirmed!

[Berta]

After 3 years and 8 months of never having my medical evidence addressed and due to VCAA procedual defect-the BVA remanded my AO claim to the astonishment of my vet reps.

Actually it took less than 51 days-

NOW the Buffalo VARO and NYSDVA will get me a proper AO decision-

I am delirious with joy because the regs-men and women-do work for US and if we have to Fight for our rights=

so be it-

that means we MUST fight back with their regs and their defensive positions will crumble!

I am living proof that the regs in 38 CFR and Duty To Assist will force them to react.

I am SOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO Happy!

and tired from that battle------

Berta

[Berta]

Jangrin-how did you know I am a warrior?

You are correct . Guess you see the dreamcatcher in my aviator? Yeki an tan!

Men and women -I didnt win my claim- hope I did not present it wrong here- didnt win it yet-

After filing that claim 3 years and 8 months ago- I fought for my rights to have my evidence addressed-

That is what I won-

My Rights -----Under 38 CFR ,M21-1, VCAA, DTA, and the whole nine yards-

What you all fought for!!!!!!!

My CUE is in progress and the Motion on the Reconsideration someone filed at the VARO (6-30-06) and the re-open-from 8-1-2006 by the VARO- I still dont have a clue on what that is all about.Neither does my POA who never dreamed I would get a remand and they would not help me on it.

They thought they got rid of this AO claim for 2 more years- HA HA-it will be baaaackkkkkk.

It looks like an appeals coach in the RO in Jan 2006 questioned what they were trying to pull on my AO claim-the only person who appears to have actually read it-at the VA -Maybe-dont know at all-

Edited September 13, 2006 by Berta

[Done wit this]

I look at it as a win .You made the VARO get of their A ss ES, And if the evidence is good and they look at it then YOU WIN

Macool

[Berta]

3 IMos and more is Overwhelming-

Rick I think our mutual POAs are passing the hat to buy the VBM- they did not support this and never dreamed it would happen.Pete supported it though.

[Guest jangrin]

Berta,

Not only have you been able to get them to remand your claim, but I believe that you have also exposed a very underhanded practice that they, the VA, have been doing for years, the VAs avoiding the processing and granting of veterans claims.

If the word gets out to all vets that they are entitled to a VCAA letter, spelling out exactly what they need as far as evidence submitted to the VA in support of their claim, this could be the beginning of un-clogging the VA system. Because claims will have to be processed instead of shelved somewhere. This is truly a win for all vets claims past and future.

Although you didn't win your specific claim (yet), the remand about the VCAA letter could swing the dynamics of the claims process back in the direction of the injured (the veteran), where it is supposed to be according to 38 CFR. 5 truly believe that this has been a well maintained secret within the VA as a way of reducing the work load when they get behind in their work. I think the worm has just turned.

Good Job Berta,

Jangrin

[Done wit this]

3 IMos and more is Overwhelming-

Rick I think our mutual POAs are passing the hat to buy the VBM- they did not support this and never dreamed it would happen.Pete supported it though.

Berta

Well it don't surprise me at all that you have already taught them a few things. Pete does seem to be the smarter of the bunch though! Like I've said before his heart is in the right place. use him for all he can do for you, Thats what he is for. But never give all your trust to them. Nobody will work the Claim like the Claim Owner. Sad but fact! You got the ball rolling ! Feels Good Huh! Got to be smarter then the average Bear to make them do things your way. I'd love to be a mouse in that Office. LOL

Macool

[Pete53]

Sometimes making the VA do its job is bigger than winning the claim. Now they are on the record and there is a paper trail and they are accountable to people they fear.

Congrats Berta I have known if there is anyone that could do this it is you. Its a big win and maybe it will help other Vets down the road.