VA did not read my evidence

[broncovet]

...And denied me again.  The doc offered highly favorable evidence, and VA did not even list that exam as evidence.  Im getting discouraged..I have been at this 13 years, and its the same old same old.  

4 to 5 more years to get to the BVA, then another remand.  Ive..well "had it".  

[Matthew Hill]

Bronovet,

You are right in that a law passed mandating that all new evidence entered after a VAF9 is filed go direct to BVA.  The law is laid out in this fast letter.  

However, if you filed your first VAF9 before February 3, 2013 then the new law doesn't apply to you.  You still have to waive consideration for all evidence.  Chances are if you've already been to the BVA and been remanded then you filed an appeal to the SOC in this case (the VAF9s you might have filed to SSOC were all after the first one) before the law changed.  

I'm seeing  a lot of vets still stuck in this hamster wheel when they thought that it was over.  So check the date of your first VAF9.

 

As far as RO fixing this, if you get traction through Hickey's office that is the fastest route.  If you don't then BVA is way to go.  

 

[Buck52]

I believe bronco did file his first VAF9 before Feb 3 2013, I think he said this claim has been on-going for 13 years now?  but  I am not sure.

I think Ms Hickey has been advised to stop communicating with veterans via email  seems its been very quite lately about Her lately?? again I'm not sure.

I hope she responds back to bronco in a favorable way.

 

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

[broncovet]

I have been to the BVA twice.  Once in 2004, and a second time in 2012.  (I dont remember filing a form 9 in 2004, but I likely did.)

The 2004 Board decision was a complete grant. I filed a Nod disputing the implementation of the 0 percent awarded in implementing the BOard grant.  The RO decided they did not honor my 2004 Nod and it remains pending, but VA doesnt like that, so they keep ignoring it.  I did do a poor job on the 2004 NOD, but I think they have to give me an opportunity to "clarify" the issues in an unclear NOD.  (per m21 MR, but I dont know if m21mr is binding on VA) 

The 2012 Board decision was a partial remand, partial denial, and partial grant.  

The RO did not get it implemented until August 2015, and even then only after I "harrassed" the RO with emails to Allison.  In relevant part, the RO did not re adjuticate TDIU as required by the remand, until this month.  The 2012  board agreed with me,  and said that TDIU was "not moot", just because I got a single 100 percent rating, going on to discuss Bradley vs Peake, and the fact that I could benefit from an earlier effective date (that is, get a 100 percent rating from IU, for a period when I was not 100%). 

     Based on what Matthew said, I interpret that to mean I filed my form 9 after 2013, even tho I filed 2 form 9's previously, because this is "another trip" to the BOard UNLESS I can get this resolved at the RO level.  Im motivated to get it resolved at the RO level because its much faster than the 4-5 year trip to the BVA.  (According to the recent BVA chairman report, if you add up the average number of days).    

[Buck52]

I don't blame you broncovet...I'd do the same try to get this settled at your RO  if you go back to the BVA maybe this time you should use a good attorney like Matt Hill or John Walsh.  but even then you could be looking at years .

your getting on up there in years so something very important to think about buddy.

do whats best for you and your family.

 

jmo

 

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