Med Evidence during Appeal

[paulcolrain]

after my BVA HEARING in may 2015.. and While waiting for the judges decision.,, the Regional office sent me to a QTC exam. this exam was done by request of the RO not the judge. the judge has yet to make a decision on my case but i just received my copy of this exam and it is so good in my favor infact it directly says key point is likely service connected. my Question is, should i assume that the BVA knows about this and already has this in my file as new evidence after the hearing or should i find out how to make this put into place so that they are forced to see it? 

[Berta]

I thought the need for formal waiver for further RO consideration was eliminated by this VA Fast Letter:

Also, I spoke to someone at the BVA about 2 weeks ago...just to check a general question and asked if claimants can still contact the ombudsman but the man said they no longer have any ombudsman.

Does anyone have recent clarification of these 2 points above-

the Fast Letter or the ombudsman?

Edited October 18, 2016 by Berta

[Buck52]

 

00/21

Part of fast letter procedures 

I got this at VBN:

ROs are required to review all files returning from BVA to determine the type of action to be taken. ROs must expeditiously implement favorable decisions rendered by BVA in all cases, including those decisions that may also contain unfavorable findings subject to appeal with CAVC.

For processing purposes, a partial grant or an increased evaluation less than the schedular maximum available is considered a "favorable decision." Partial grants rendered by BVA are subject to expedited processing.

Although a claimant may elect to appeal the evaluation assigned by BVA and continue to pursue an increased or total evaluation for the same disability before CAVC, the partial grant should still be implemented immediately.

 Just to be a little more confident,I would resend it to BVA  James Cripps put up the address, they will know what to do with it , surely they can't be that stupid.

Just be sure get a sign return receipt.

Sending in anything to those Idiots will help in my opinion.

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

 

[jamescripps2]

Buck, can you define "expeditious" in VA language for us? Never mind it would be a long read!. It took them more than six months to pay me retro on a partial grant.

Berta, I wasn't aware of that fast letter, you are probably right because it seems like I did hear some second hand

rhetoric about that. Can we trust them?

[Berta]

I think 'expeditious' only means if  the veteran is on life support.

No Not really.... it is just that this term means very little to the VA,in my opinion.

[paulcolrain]

thank you all for your responses and  the knowledge you all provided. i have registered mailed all peices to both the BVA and the San Diego RO.  also, after reading that fast letter i read this " Note: Evidence relevant to the appeal that is submitted before jurisdiction of the appeal has been transferred to the Board should be reviewed based on the above guidelines. Evidence relevant to the appeal that is submitted after jurisdiction of the appeal has been transferred to the Board should be sent directly to the Board. No adjudicative or development action will be taken on such evidence. See: M21-1 MR I.5.F.27.b and 38 CFR 19.37(b) " so i guess the RO was Right that they couldnt do a thing for me since the jurisdition is now with the BVA.

[Berta]

Right...Good, send it to them,the BVA ,  referring them to your BVA Docket number.

The BVA can read ( and they never seem to lose anything once they get it.)