Letter from BVA

[broncovet]

I just got a letter from BVA.  It is on new evidence I submitted. (Basically an IMO from Voc Rehab).  They want to know if I should "send it back to VARO" or should I do a waiver of RO consideration.  (I already signed a waiver of RO consideration).

Sending it back to VARO is problematic:

On one hand, if VARO wanted to award my benefits, they probably would have already done so.  

This said, a "new" person would rate my claim at the VARO.   It could save a step since VARO would have to implement a board decision anyway.  

However, if its denied at the VARO, then its back to the BVA again, while wasting time at the VARO.  What do you think?  

[Gastone]

I believe CAVC and BVA Remand's require the RO DROs to scrutinize the Remanded issues, not lower level Raters. If you think your N & M Evidence is strong enough to Seal the Deal, I'd let the RO run with it, might be quicker.

A-Nod, as I recall advises against allowing the RO to have a 2nd bite at Denying your claim. Probably good advice. However, I'd lean towards a DRO correctly Awarding your issue based on your N & M E. The BVA found your Certified Appeal lacking because of the RO's failure to address the N & M E, right. I don't think a DRO would look forward to being reversed after a 2nd Denial.

[Berta]

I would ask the BVA to consider that evidence in a heartbeat!

And send them not only the evidence (Good for You Broncovet for pursuing this) but also a copy of the waiver you signed.

And if a DRO was involved in the claim already, in the past, you would be entitled to a different DRO but I got the same one, twice under a CUE I filed, and she still could not read.

Even after my vet rep said he handed her my initial IMO from Dr. Bash that they ignored in their decision at the second DRO review.,- the main reason I cued them days after getting the denial, via email to VA Central Office-I was pissed.

The second denial however indicates either the DRO or my former Vet Rep lied.Or they were in cahoots and both lied.

I couldn't wait to get to the BVA who awarded ( I had 3 IMos by then) they had 2 against,and I knocked down the third one they got myself and BVA agreed with my lay medical assessment of it.

I wish they could turn the ROs into satellite BVAs, to bypass the RO BS we put up with because th BVA CAN READ!

Since the Accountability Act was signed by POTUS, I am writing to the Sec and Trump again, as to how easy it will be for them to begin identify lousy RO employees, but they need to hear from any of us who have evidence of that.

What I mean is every single initial decision I have received since 1995 has contained errors, that I fought under appeal or under CUE, and won.....and I have only one claim pending.

Anyone who has won a 3.156 because VA had said they could not obtain their SMRs,  claim,or any type  CUE award , or has any sort of BS from the VA, documented, should let Shulkin know and send him a copy of it because the alphanumeric code on the decisions contains the initials of the last person who handled the claim.

BTW, in church the minister who baptized me asked me how happy I was to here the news on the Accountability Act...he is also 4 yrs Navy Corpsman and 28 years Reserve Commander-Navy, retired.

I am delirious with joy but it is only a good start.

It is veterans themselves who hold the power to hold POTUS and Secretary Shulkin to their promises of Reform.

 

 

[Buck52]

''

Sending it back to VARO is problematic:

On one hand, if VARO wanted to award my benefits, they probably would have already done so.'' 

you got that right broncovet

If it was me I'd sure put some thought into what Ms berta Just mention.

[Buck52]

check this out

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West 2014).

 

[Berta]

Yes, that is the benefit of a Remand but many vets ,after years at the point in the system, fail to do that Buck....to send the BVA more evidence...when they get that letter...unless the remand actually covered something new.that the veteran had brought up.....

If they need an IMO/IME, or a buddy statement, or the RO has made a detrimental error in the SOC/SSOC that got them to the BVA in the first place, whatever, they need to send the info to the BVA.

I know 2 vets personally who would not act on a remand themselves.

One had no good evidence at all anyhow, on any of his issues,

  but one did...he finally took my advice on something, which only cost him a postage fee,(he mailed in the SF 180 but asked for his 201 file in addition to his med recs.... and Bingo the BVA awarded when he took what I found in his SMRs and 201 file -that he gave to his VA doctor,who promptly wrote a brief nexus rationale for his Bi Polar disability, that he sent right away to the BVA.

The retro was just shy of 1/4 Million.From Zero NSC to 100% P & T with a Very favorable EED.

The needles in the haystack CAN BE FOUND..if they are there.

They take time and research legwork but that takes less time than calling Peggy or trying to figure out ebenefits every day...for years.

 

 

[broncovet]

The "IMO" was an assessment from a private Voc Rehab counselor, which my attorney felt was necessary.  The attorney "up fronted" the $500 for the Voc Rehab Assestment (IMO).  I think that says a lot about my case, that my attorney would put her own money into it.  (Why would she do that if she did not feel I had a great case??) 

I really felt it was unnecessary as at least 2 VA docs said I was unable to maintain SGE due to Service connected conditions.   However, they cited a 2002 Voc Rehab assesment by a va voc rehab in the denial, so I can see the attorney's point. 

By the way, I did get an email from the lawyer today, and she agreed with you Berta!  She is sending a waiver of RO consideration in my behalf.