Bva Decision Not Followed By Ro

[tk3000]

Hello Folks,

Not a long time ago, I started a thread in this forum regarding a recent BVA favorable retropayment decision, but this decision subsquent awarding letter relayed by the Detroit Regional Office missed other important BVA adjudications, deliberations, and decisions regarding other claims pertaining and presented on the appeal: Detroit Regional Office simply missed or ignored the BVA decisions regarding the GERD and "Left Ankle" rating increases

In order to address the clear-cut fact that some of the BVA decisions were amiss on the RO awarding letter, I sent few messages and to the Detroit Regional Office which simply went on without any response for over two months, which then let me in a limbo of administrative disgrace and chronic incompetence purported by an entity whose goal is to dodge past cases that reflect an abbherration of incompetence on its part concomitant with the practice of deliberately ignoring any case that is beyond the bare trivial.

Altogether, the mainstay herein is that the RO observed and obliged with the BVA deliberation and decision to grant me retropayment for the IU Early Effective Date appeal, but then simply ignored the BVA's deliberation and decision to grant me increases for my GERD and “Left Ankle” conditions: GERD from 10% to 30%, “Left Ankle” from 10% to 20%. Thus the RO did not observe, did not oblige, and did not comply with the BVA's clear-cut deliberation and decisio to increase ones rating for the GERD and the "Left Ankle" conditions under appeal. One should note that the BVA is a higher adjudicating entity (and a real court of law), thus the RO has to comply with its final decision and not tamper with it or request another C&P for an already decided matter at the BVA level.

Below is a concise message that I sent to the RO explaining the matter at hand:
“
On occasion of my last, the Detroit Regional Office made a determination which, whilst satisfactory in other respects (granted the IO retroactive payment), completely ignored the remaining portions of the BVA decision regarding one's appeal and BVA's remaining decisions regarding such appeals. Please, note that the BVA made a clear cut, object, and explicit decision regarding my GERD and "Left Ankle" conditions that the Detroit Regional Office simply failed to read, skimp reading it, or choose not to read the whole paragraph or sentences pertaining the totality of the BVA decisions. So, the question is: Do one really need to send all the pertaining documents issued directly by the BVA along with any other ancillary document to my Congressman's Office, thus exposing this non-sense situation that is more than another simple lapse from the RO? Or, could the RO simply rectify this failure originated from the RO's inability to read very clear, objective, and concise BVA deliberations concerning my case before issuing the Awarding Letter for my last appeal? And for one having to wait for yet another "claim" simply because the RO failed to read clear-objective BVAs statements and deliberations concerning my appeals previous to issuing the Decision and Awarding Letter is utterly absurd to say the least.

“

In order to raise awareness about this issue sometime ago (1 month ago) I went to county representative (the county rep. who has my power of attorney -- thus he can see things that I can not see -- and he also can back me on the dating of the material and claim sent, etc) in the hope that even though the RO simply did not answer the IRIS message regarding these issues that it would address the issue without further steps once I had followed the formal channels. But then, it only made matters worse: first off, they transfer my case to a different RO office (from Detroit, MI, to Cleaveland, OH) which then requested a C&P exam for well established BVA deliberation, determination, and decision regarding my past appeals that have been fully adjudicated and decided at the BVA level.

Any inputs about how to approach this situation would be appreciated.

Thanks

Edited March 5, 2015 by tk3000

[free_spirit_etc]

I am not sure they will read all that. I got a bit tangled up in some of the wording.

I think being clear and direct might work better as far as getting results.

Have you tried "The BVA decision dated ___ states _____."

This decision has yet to be implemented by the Regional Office.

As stated, I think they might get tangled up in the venting part of the letter, and miss the parts where you are asking them to implement the BVA decision.

JMHO

[free_spirit_etc]

What does the BVA decision say - specifically?

[Berta]

"But then, it only made matters worse: first off, they transfer my case to a different RO office (from Detroit, MI, to Cleaveland, OH) which then requested a C&P exam for well established BVA deliberation, determination, and decision regarding my past appeals that have been fully adjudicated and decided at the BVA level."

Some of the ROs are so overwhelmed with claims, that a transfer to a different VARO,in your case, might be a good thing.

They ( Cleveland,) as I understand this ,has ordered a C & P, so that means some eventual movement on the claim.will happen.

You did get the IU retro and that is good.

Can you give us the docket Number and Citation Number of the BVA remand?

[tk3000]

Berta:

Having another C&P requested by the RO for a well established decision made by the BVA seems completely illogical and irrational. The RO would simply have to re-read the BVA determination and decision that they failed to fully read to begin with and then rectify their mistakes. The idea that I would have go through the motions of another C&P for a fully developed and decided claim at the BVA level simply because the RO employees are illiterate is rather insane to say the least

In reality I bought a house in Columbus, OH, and request to have my address changed since I am spending most of the time in Columbus these days but my primary residence is still in MI. Anyhow , I would never have requested to have any of my cases moved another RO in Ohio, and did not realize that simply because I change my mailing address it would imply transferring my folders/cases as well. Problem being that the USPS takes forever (several weeks) to forward my stuff

I will look into my BVA decision and post an excerpt of it soon.

free_spirit_etc: I will post an excerpt of the BVA decision, but it makes very clear that they granted an increase for both the GERD and the "Left Ankle" and also specify the date in which such increase should be effective.. So, it is very clear in all respects. I will post an excerpt soon though.

[toddt]

Is it possible that the new C&P exam is for GERD and Left Ankle increases? I don't believe that the BVA would grant an increase without a medical exam which would confirm that your conditions have exacerbated.

[tk3000]

Is it possible that the new C&P exam is for GERD and Left Ankle increases? I don't believe that the BVA would grant an increase without a medical exam which would confirm that your conditions have exacerbated.

This originally was an appeal for an initial decision which granted a lower rating. The appeal was initially done at the RO level by a DRO (huge mistake, only caused more delays) which maintained the RO decision. Then, the appeal was escalated to the BVA (traditional appeal) which recently granted the higher ratings. Simple enough. And, yes, I received a letter directly from Washington D.C. with BVA decisions that clearly granted the higher ratings. As I previous indicated this a fact, and there is not even the faintest shadow of doubt about this fact.