New And Material Evidence And Cue

[Guest jstacy]

I am posting this information as a guide for the above.

http://www.warms.vba.va.gov/admin21/m21_1/...2/ch02_secb.doc

[Josephine]

John,

I am above on the post. I am at the BVA on a remand to the AMC and this case is under investigation.

My claim is on the desk of the two crooked psychiatrist reading this letter.

I placed a waiver against any decisions on my claim by any Regional Office, as my Form 9 was turned in 2 years before I received a final denial.

When I received the first C&P with the more likely than not. That R.O immediately transferred my claim to another state.

I filed my first claim in 1978 and was denied, filed again in 2002 and denied. Awarded a pension back to 1983 for 100% disability for this illness in 2003.

In 2004, I located all the Psychiatric Records and the letter by the Commanding Officer and turned in copies to the Va.

Remand from BVA

In support of her claim she submitted several service department documents she obtained from the National Personnel Records Center, including additional service medical records,which VA had not obtained previously.

I ask the BVA to make all decisions.

Thanks,

Josephine

[Guest jstacy]

You located the records yourself, Any record in the governments posession bears the responsibility of the VA to obtain as per duty to assist. If you reopened after 2000 and the VCAA. You may consider filing a Cue claim based on the information you have just provided. Wait until you get an award or denial. You can file a cue on a previous denied final claim. You should be OK since the BVA did remand, DID it go to the AMC or back to the original RO?

You are still allowed to present evidence in remand circumstance so an IMO is not out of the question.

Take a small break from this stuff, It is really getting to you. I can tell by your posts that is.

John

[Josephine]

John,

I was fine with all of this, but the lies that those two psychiatrist said about me, has taken its toll on me. I just won't their 2nd opinion.

I placed a waiver against any R.O making any decision in my claim and I am remanded to the AMC.

I will soon be finished with this mission.

It has been a long hard fight.

Thanks,

Josephine

[john999]

Josephine

I would let it alone except if you decide to get an IMO that would be something to pursue. VA C&P exams are tricky and you know they can go either way even when you have lots of evidence. The IMO is your doctor being paid by you. Think of the VA as being a big machine with no feelings or brain. That is what you are dealing with and not so much the evil empire. The VA does not care about you or me. It is just a grinding machine that will grind you to dust if you let it.

[carlie]

Josephine,

"I placed a waiver against any decisions on my claim by any Regional Office"

I'm pretty sure the WAIVER you've mentioned DOES NOT BAR a Regional Office

from the decisional making process on a vets claim, especially if it is remanded.

The only WAIVER I know of concerning a Regional Office is that when a vets claim is at a higher level (BVA or COURT) the vet can sign a WAIVER that whatever else they are submitting, they (the vet) is WAIVING the STEP of this submission going through the Regional Office prior to it going straight to BVA or Court.

Now maybe I've missed something in here, if so please let me know.

OMO,

carlie

[Josephine]

The only WAIVER I know of concerning a Regional Office is that when a vets claim is at a higher level (BVA or COURT) the vet can sign a WAIVER that whatever else they are submitting, they (the vet) is WAIVING the STEP of this submission going through the Regional Office prior to it going straight to BVA or Court.

I am sorry, that is what I meant to say. I placed a waiver against the R.O taking action on any new evidence that I turned in to the BVA in the future.

At that time, I did not know if my claim would be remanded back to Huntington, West Va. as they are also a Management Center.

My claim is at the AMC in Washington, D. C. . but a lot of claims are remanded to Huntington. W. Va.

I agree if the R. O would take the time to do the claims properly, the BVA and the AMC would not receive so many claims.

Thanks,

Josephine