Bva Makes Decision Based On Wrong Veterans File, Ultra Vires

[broncovet]

http://www.attiglawfirm.com/shoot/copy-of-your-va-claims-file/?utm_campaign=vlb_daily&utm_medium=email&utm_source=re%3A+this+is+what+happens+to+Veterans+that+don%27t+get+their+Claims+File.&utm_term=re%3A+this+is+what+happens+to+Veterans+that+don%27t+get+their+Claims+File.

In short, the board described it like this:

"The Board explained that the record upon which the [original] decision had been based included documents pertaining to another veteran, which the [board] determined had affected part of the [original] decision."

ultra vires:

Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires("within the powers"). If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires"invalid".

end of ultra vires defination quote.

I think this happens way, way, way, more often than we think.

Edited April 9, 2015 by broncovet

[Notorious Kelly]

When they don't provide any specifics as to why they made their decision, it is easy for this to happen hundreds or thousands of times.

Veteran claims should be handled as in a courtroom environment with very specific details as to what conclusions were based on which evidence.

[Berta]

"Veteran claims should be handled as in a courtroom environment with very specific details as to what conclusions were based on which evidence."

You bet. It would stop a lot of the problems, as we would have Discovery rights.and ALL of our evidence would get into the record.

But this gets back to something an attorney said at his blog (Ben's Blog) Ben Krause. As a disabled vet he said he used to just get disgusted with denials and not read over them carefully.he is not a lawyer who handles VA claims.

Somehow, it seems to me the veteran in this case must have realized something was wrong with the BVA decision.

Lots of paralegals go through these BVA cases, to make sure this stuff does not happen but then again it does happen....

and affects 2 vets and their dependents not just one, when another vets records get into a BVA vet's files.

Edited April 9, 2015 by Berta

[john999]

VA once used my IME from a dentist to deny my mental health increase claim. I had a dental claim and a mental health claim going at the same time and they got the IME's mixed up and used the wrong IME's in both cases. They could not recognize the difference between a dentist and a psychiatrist. After you file your claim you must somehow stay on top of it or the VA may totally screw it up. Just filing it correctly is notenough. After I filed the claim I would ask to view my C-File even if it slows in down a pace. Your DRO hearing may have morphed into a BVA claim while you slept. It happened to me. Add 3-4 years t o to your claim.

John

[Buck52]

Question?

How can a veteran prove that evidence was taken out of his c-file when in fact the veteran had viewed his c-file at his RO year before they were in it.. although he has the documents missing in his c-file in his passion VA says he can't submit that as evidence, they say if its not in c-file sorry Charlie. & he said he submitted these document's as evidence when he filed.

someone took them out!

...................Buck