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carlie

Bva / Ro

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While a vet has some claim issues currently pending at the BVA Appeal level --

is the VARO allowed to continue to evaluate and provide rating decisions - on other issues that the veteran currently has pending on the VARO level ?

I feel like I should already know the answer but can't remember.

Thanks to all,

carlie

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Carlie, the short answer is no, but I can only tell you what our local VARO does. We're going through the same thing right now.

The VARO here told us that they will not review any claims at the local level without the claims file being returned to them, and right now, it's at the Appeals Management Center. The VARO sent the claims file to the BVA in July 2004 for appeals the Board didn't review until December 2005. I believe that the VARO sent the file super early as an excuse to avoid dealing with any of the pending claims not on appeal that were supposed to be handled at the local level around the time they decided to send the file to the Board. I heard the Board "sends" for files, but I have never heard where they sent for them a year and a half before the hearing is scheduled.

The file then went to the Court of Veterans Appeals, due to our appealing parts of the Board's decision, and then back to the AMC, who is handling two items the Board remanded. As soon as the AMC is through with the file, they'll return it to the VARO. At that point, the VARO is supposed to be handling the claims that have been stacking up in my husband's temporary file over the last two years.

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