How Is Developtment For Appeal To The Bva

[Guest Jim S.]

If I should have to appeal to the BVA, how different is developimg an appeal to the BVA different from a statemnent in support of claim and/or appeal of the VARO's decision? Is their a guide to what must be in your appeal to the BVA? Is it just your argument of the information found in the SOC say why you think the VARO is wrong and why you should be SC?

Jim S.

[Pete53]

Its a lot different and you had better have your ducks in order.

[Guest Berta]

Jim- this is only my opinion but I feel a veteran should recognize how many anevues of approach they have before going to the BVA.

The BVA makes excellent decisions- but remember they are using the same regs and the same medical evidence that VARO used to deny the claim.

Many BVA cases get remanded - sent back to the VARO- because of further developement that could have been done at the VARO level early on in the claims progress-

A veteran has the NOD ,to which they can add and expand on additional medical evidence, and I always tell vets to respond within 60 days, to any SOC, with a formal Response, again challenging any issue that appears in the SOC and most importantly -in the listing of evidence in the SOC-

as this might not be all that was submitted, and their interpretation in the SOC narrative can often be successfully challenged. I succeeded in personal claims either on the NOD or on the responses I gave- one involved an SSOC-these responses make the VA draw out their position- the more they put on paper- in my way of thinking- more ways to attack what they say and succeed. It took me three years or more on those claims but add that to BVA time on an appeal and the time factor becomes very lengthy.

The BVA can add years to a claim only to remand it anyhow- for things that either the vet or a good SO should have picked up on prior to the docketing of the claim.

If you read some BVA remands you will see what I mean.

Once a nexus factor has been established , then only medical evidence can make a claim succeed.

Unfortunately many many vets today are faced with the expense of Independent Medical Opinions- however a vet can quickly absorb that cost in a good award.

The other day I read a remand from BVA that demanded VARO be consistent with their opinion.

The veteran had two IMOs to support his claim (Benefit of Doubt 38 USC 5107) yet the VARO denied it.

This type of stuff is ridiculous. The BVA appeal had added years to the claim.

It was an obvious SC claim- I wonder I the vet lived long enough to have VARO award it.

I wish that VA could disband the VAROs and instead change each VARO into a BVA facility. Claims would immediately go to the BVA- because these are high level VA employees who know how to read.

Pete is right that a BVA appeal needs careful wording and I hope you have a service officer to help you or go to the BVA web site as their cases reveal alot of good info.

I personally would respond to the SOC, even ask for a DRO review , and attach any additional medical evidence that you can ,referring to it in the response, if you still are within 60 days from receipt of the SOC.

SOCs and denials contain clues.They say exactly what they need to justify an award.A good example is -I am in DRO review status. Last week the newby DRO supported her decision with a single solitary point.

I have attacked that point this week by sending additional medical evidence (from the VA itself)and have an excellent vet rep dealing with her one to one.

By narrowing the claim down to the specifics, it becomes clear exactly what the VA needs.

Jim- this is only my opinion but I feel a veteran should recognize how many anevues of approach they have before going to the BVA.

The BVA makes excellent decisions- but remember they are using the same regs and the same medical evidence that VARO used to deny the claim.

Many BVA cases get remanded - sent back to the VARO- because of further developement that could have been done at the VARO level early on in the claims progress-

A veteran has the NOD ,to which they can add and expand on additional medical evidence, and I always tell vets to respond within 60 days, to any SOC, with a formal Response, again challenging any issue that appears in the SOC and most importantly -in the listing of evidence in the SOC-

as this might not be all that was submitted, and their interpretation in the SOC narrative can often be successfully challenged. I succeeded in personal claims either on the NOD or on the responses I gave- one involved an SSOC-these responses make the VA draw out their position- the more they put on paper- in my way of thinking- more ways to attack what they say and succeed. It took me three years or more on those claims but add that to BVA time on an appeal and the time factor becomes very lengthy.

The BVA can add years to a claim only to remand it anyhow- for things that either the vet or a good SO should have picked up on prior to the docketing of the claim.

If you read some BVA remands you will see what I mean.

Once a nexus factor has been established , then only medical evidence can make a claim succeed.

Unfortunately many many vets today are faced with the expense of Independent Medical Opinions- however a vet can quickly absorb that cost in a good award.

The other day I read a remand from BVA that demanded VARO be consistent with their opinion.

The veteran had two IMOs to support his claim (Benefit of Doubt 38 USC 5107) yet the VARO denied it.

This type of stuff is ridiculous. The BVA appeal had added years to the claim.

It was an obvious SC claim- I wonder I the vet lived long enough to have VARO award it.

I wish that VA could disband the VAROs and instead change each VARO into a BVA facility. Claims would immediately go to the BVA- because these are high level VA employees who know how to read.

Pete is right that a BVA appeal needs careful wording and I hope you have a service officer to help you or go to the BVA web site as their cases reveal alot of good info.

I personally would respond to the SOC, even ask for a DRO review , and attach any additional medical evidence that you can ,referring to it in the response, if you still are within 60 days from receipt of the SOC.

SOCs and denials contain clues.They say exactly what they need to justify an award.A good example is -I am in DRO review status. Last week the newby DRO supported her decision with a single solitary point.

I have attacked that point this week by sending additional medical evidence (from the VA itself)and have an excellent vet rep dealing with her one to one.

By narrowing the claim down to the specifics, it becomes clear exactly what the VA needs.