BVA confusion on my end.

[chizm619]

Thank you for your responses here. I have a question and maybe someone can help me out.

I was certified to the BVA on April 14, 2016 for my case (PTSD) but in March the VA granted me 1 (PTSD) or more issues. Back in Jan 2019, I attended my hearing with the judge. He told me that since the VA granted me 1 issue (PTSD) that he wasn't able to bring it up during our hearing. The day after I filed for an increase in my PTSD. I was sent to a C&P exam a week or 2 later, with a contractor who wasn't very good at their job so they said no increase was necessary. 1 week later I went and got a medical opinion by another (competent) doc and uploaded the DBQ as a supplemental claim. 1 week later they closed out the claim with no action. I called and called, finally someone at the VA told me that since the PTSD is on appeal a the BVA they couldn't take my supplemental claim. They said that the DBQ would be forwarded to the BVA and attached to the file there. 1 girl at the BVA hotline told me that the new DBQ wouldn't be used as evidence by the judge because it wasn't submitted within the 90 day window that they allow. I just confused now.

My question is, what happens to the new DBQ that I submitted as evidence if the judge doesn't consider it? Or does the evidence actually get considered by the judge?

Currently I'm here as of 11-12-2019

A judge is reviewing your appeal 
The Board of Veterans’ Appeals usually takes between 1 and 2 months to decide appeals once a judge starts their review.

 

 

[rsm-esq]

Hello.  Submitting evidence after the 90-day letter and the claim's transfer to the BVA docket is a bit of a gray area.  In theory, there is a good chance that if evidence is submitted directly to the BVA with a written request that it be considered in connection with the claim appeal, that the reviewing judge will in fact review it.  It would probably help to write an explanation (as you did above) letting the judge know where the newly submitted evidence supports your claim and some background to the claim appeal. 

Hope this helps!

[chizm619]

1 hour ago, rsm-esq said:

Hello.  Submitting evidence after the 90-day letter and the claim's transfer to the BVA docket is a bit of a gray area.  In theory, there is a good chance that if evidence is submitted directly to the BVA with a written request that it be considered in connection with the claim appeal, that the reviewing judge will in fact review it.  It would probably help to write an explanation (as you did above) letting the judge know where the newly submitted evidence supports your claim and some background to the claim appeal. 

Hope this helps!

Thank you for your input. I appreciate the reply. I hope that the judge is able to use my DBQ as evidence, since I believe that this is my strongest piece of evidence yet. We'll see what really happens over the next few months.