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[Guest rickb54]

deleted

Edited February 19, 2007 by rickb54

[Berta]

Rick there is a 90 day window after the transfer of the claim to the BVA-

within this 90 day window the vet can supply additional evidence directly to the BVA and also tell the BVA if the VCAA letter was deficient.

The additional evidence could generate a favorable decision from the BVA but it would go back to the RO anyhow for a rating-

any VCAA deficiency that was detrimental to this vet-the BVA will see right away- and that too will cause a remand-

I got a fast remand by doing this.

In this case however-it looks like he has not been transferred at all to the BVA yet-

and the claim is still at the VARO ????

He could send them a filled out 21-4138 (at the VA web site) and the additional evidence ASAP.

In my opinion- I dont think a veteran should ever withdraw any claim unless there is absolutely no way it could be awarded.

Sounds like he had my former vet rep-

the other issues are waiting for de novo review?

It is possible the sinus claim is part of that-

I feel he should send them ( priority or certified with tracking slip) anything whatsoever that helps support any of those claims.

Edited January 22, 2007 by Berta

[Philip Rogers]

Rick - Doesn't sound like a VA form - 9 was ever submitted, nor a SSOC issued. I wouldn't withdraw the claim and then resubmit. I'd try the DRO w/the new evidence or submit to the BVA w/a waiver of it being remanded for the AOJ to look at it. That way the BVA can act on it. jmo pr

[LarryJ]

never, ever withdraw an "active" claim. He is, after all, the one that requested a "re-open" in 2004 and actually GOT it (a small miracle, in and of itself, probably).

Ya'll know so much more than I do, about all this shizitttts, but, if I was he, I'd send in every darn scrap of paper that I could on this claim.

Ya throw enough baseballs, hard enough and often enough, who knows...............ya might win a Cupee Doll.

[Berta]

"Berta,

I just learned something:

I never knew of a 90 day window after the transfer of the claim to the BVA-

within this 90 day window the vet can supply additional evidence directly to the BVA and also tell the BVA if the VCAA letter was deficient"

Rick I dont have any reg on that- but this is what the letter stated that I got from the RO when they said they were transferring my claim there-to the BVA.

I went on the war path-

For 6 months the COVERS screen had showed my claims had much movement- 3 VSRs authorized one of them-in early Jan,and I got no input at all from my POA and only when I got this letter about the transfer did I realise that ONCE AGAIN the VA had failed to acknowdge and consider my IMOs- 2 at that point-

I immediately wrote to the BVA -never got a docket number- pointing out that my medical evidence had not been considered at all, I also had gotten an additional IMO from Dr. Bash,IMO # 3,

which knocked down their so called expert, and I specifically pointed out that the VCAA letter I got was deficient and why.

Also they added one of my CUES to the transfer- a CUE claim they had never even decided-

I had to correct that also. And I also sent additional very probative medical evidence they ignored that I will get a 4th IMO for if needed-from a pathologist-said the IMO would only take about 5 days.

It took about 30 days-for the remand because I had to wait for the additional IMO from Dr Bash-51 days from the warpath letter-from the RO- and also it seems in a way that they did start and have continued to work on the claims.

(even though a Dec. inquiry said they still have never received any of the IMOs- but I handled that with a service complaint-

I have a feeling the IMos might have miraculously appeared in the c file there by now-they are doing something-it is back with a rater)

[Berta]

Rick-I attached the letter I got- think it is normal SOP-

the additional evidence 90 day part is with the POA part in paragraph 3 and 4- the VCAA deficiencyies I challenged was from information in the VBM 2006 edition and also Pelegrini V Principi and the VCAA regs themselves-

I guess that is the reg for the 90 day evidence that they cite as 38 CFR Para 20.1304.

WarPlan__3_file_VA_BVA.rtf

WarPlan__3_file_VA_BVA.rtf

Edited January 22, 2007 by Berta

[Vike17]

Rickb54,

It sounds like this SO really mucked things up for this guy! I wouldn't withdraw the claim. Hell, he's waited this long for the claim to be decided, the few extra months aren't going to make a big difference in the big sceme of things, and not to mention the possible retro!

I wasn't able to read all the responses to this, so I'm not sure if the claim has already been certified to go to the BVA yet or not. You said there are other claims at the DRO and the VA is waiting to decided those issues before they send the folder to Washington, D.C., so I don't know whether a SOC, or a SSOC would be warrented in reference to the evidence sent in.

I'm sorry I don't have much right now to go further in to possibilities and read everyone suggestions. I'm not even on my own computer right. Sorry, I'll try later on this evening to give some better ideas.

Vike 17