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Implementing BVA partial grants FL 10-02

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Berta

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This has come up here recently and I could not find any woking  VA link to Fast Letter 0-02 but it is here :

 

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I have a comment on this "fast letter".  Im not only well aware of it, but I also know that the VA does not always do as ordered by fast letters, especially this one, unfortunately.  The VA complies with its regulations, "when they want to", and, at no other times.  

The procedures have changed with RAMP/AMA.  The VARO doesnt have its nose in the appeal process as much as they used to.  Two notable examples are that there is no longer an SOC written by the VARO, and there is no "certification" of an appeal to the BVA.  

This, to me is a good thing.  If you have a dispute with your neighbor, do you think its a good idea to hand him all your paperwork (evidence against him) and ask him to file a court injuction against the neighbor??   

     Even worse the offending neighbor has complete control over all the files.  Gee I wonder why evidence seems to get lost so often, when, in fact, its in your opponents best interest to lose your probative evidence??

     The whole idea of an appeal system is to help a claimant who does not feel he got a fair shake at the VARO.    So, who do they put in charge of all the evidence?  You guessed it..the VARO..who has a vested interest in the outcome.  Its like having a criminal deliver to the prosecuting attorney all the evidence needed to convict him.  

      The changed procedures, do have consequences, tho.  The VARO is often no longer in charge, being taken out of that loop, at least somewhat.  So, if they dont even "see" a file change from the BVA being transferred to the AMA, why is it a suprise that the VARO does not issue a implementing decision in compliance with the fast letter??

       Of course, the VARO wants to blame AMA, and the Ama is a black hole where nobody accepts the blame.  

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