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Bva Going Backwards On Ebenefits?

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RickH

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Hi all, On 3/242015 my case was on stage 2 prep, then it was sent to stage 3 VSO, it stayed there

less than a day and was sent to stage 4 with veteran law judge(VLJ), today it was sent back to stage 3 VSO.

Does anyone know what going on? I had filled out the attachment asking that it not go back to the RO, and be

sent for decision to the VLJ. where did this this cheese wheel come from?

Thanks, RickH

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Same thing going on with mine but mine has been with the VSO since April 8th and has not moved back. Also VSO has not contacted me and I have go to the board 1st of June?

Stillhere

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stillhere, I would call your VSO at the BVA location and find out whats going on. Did you ask for a waiver of RO

when you got your SSOC?

RickH

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It seems you guys have Major Veterans Service Organizations representing you, correct? At the BVA, there are eight or so "Go" teams of VSO reps made up of the different groups of VSOs. Hence, one VSO team may consist of a VFW guy, two MOPHers and a AmLeg rep. They take turns chasing deficiencies in the claims evidence. Many VAROs ship your claims out to the BVA without including important SSA documents even though they are not supposed to. That provokes a remand. However, here "with VSO" doesn't mean it went back to your regional office. They could be trying to make sure an inferred claim is included or they could be horsetrading with the Staff attorney of the VLJ. I've seen them give away some of your claim in order to get some granted. That doesn't help you but they do it. If they send it back to the RO on remand, chances are they found a big uh-oh. It usually goes through the AMC. If you do not see those words, it's being "redeveloped" for optimal consideration at the BVA.

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Asknod on my claim I asked to waive the RO, it was at the VLJ first and my claim was sent to the legion office at the BVA for less then a day

and was then sent back to the VLJ, a month later it was sent back to the VSO again?

RickH

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Asknod I forgot to mention it went to the VSO the second time for argument preparation but I had already

submitted my own argument after the SSOC.

RickH

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Surprise, surprise surprise, RickH. Did you know that when you hand over that POA to the VSO, they control the vertical as well as the horizontal--without you. They rarely get back to you to discuss the shortcomings, whether you do or do not have an IMO or nexus letter or a Buddy letter with no DD 214 attached. If it's missing, you find out when you lose. They write the last letters of rebuttal. They get to make your final argument.

To give you an example, In 1991 on appeal to the BVA, the DAV chowderhead VSO team made up of the creame of the crop of 2 DAVs, VFW and a Red Cross dude argued not that my Air America records were not associated with the STRs but for the benefit of the doubt under 38 CFR 3.102. That was it. I found that out when I got my c-file in 2009. All this time I believed my local rep here in Seattle who said they tried to get the records. They lied. I got 0% for Hearing in left ear only and 0% for tinnitus. They traded in my back claim for two 0% ratings. Nobody asked me.

That is the major difference between a VSO and a lawyer. The lawyer won't sell you down the river and make a deal with the devil without consulting you first. Why? Because you, not the US Govt., is paying him. Get it?

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