Advice Please

[hp1030]

I recently called DVA San Juan to inquire about the status of my claims and appeals. The person who answered the phone said that My claims file was at the DRO desk.

I have some information which I think will help the outcome of my claims, for example a copy of a BVA favorable desicion similar to my case, copies of SOAR magazine stating that what they did on my claims will be vacated at BVA level, a medical article explaining the progresion of my disorder....ect ect.

My question is, If i send this paperwork now, will it affect my claim status at the DRO?

Will I fall to the bottom of the pile once again???

Any comments or suggestion will be greatly appreciated.

[Vike17]

hp1030,

The information that you want to send will mean little to nothing as far as evidence with any weight. BVA decisions do not set precedence, only the Court's decsions do that. Each BVA decision is based on that individual case and has no meaning to other cases that may be same. I also doubt it very seriously that a magazine article stating that claims like yours will be vacated at the BVA level will do anything. This goes back to what i just said as far as BVA cases not setting any precedence. Also sending in any medical articles that pertain to a disability in general will do nothing for your claim. The VA needs something from a medical professional stating your disability is in some way shape or form going to progress in a certain way. That medical professional needs to write an IMO stating as such and he/she should reference that article as part of their rational.

Hope this helps!

Vike 17

[hp1030]

I do not doubt your source of information VIke 17.. but under what authority does the BVA do not set precedents. The BVA does not have court attributes??? there is no formallity on a desicion??Every judge rules by faith??? or the lack of? the is no SOP???

You mean to tell me that the BVA is a headless no constraints or rule of law institution??

The magazine of reference is published by PVA, Is the Service Officers Appeals Report.

Again, no bearing??? It is their document..!? It is posted as a guide for the service officers.

The Medical article is a publication from the Dept. of Dermatology Of the University of Helsinki, stating the progresion of my particular diagnosis.

I was thinking additional info... Water tight case for the DRO.

The is no problem with my Medical record or IMO's.

All clicks are covered( wink).

Any way the scars and 2 purple hearts eventually will have some meaning, to someone.

I thank you for your time and effort Sir.

[Vike17]

hp1030,

The BVA does not set precedence because it's not a court. The BVA is a 'Board' so to speak and it is an enity within the VA. The BVA follows the laws set forth by Congress or the Court just as the Regional offices do. A Veteran's Law Judge isn't like a judge in a court of law, they are decision makers within the Board of Veterans Appeals. This is similar to the Social Security Adminstration and their "Administrative Law Judge." They are just decision makers within the Social Security Adminstartion and follows laws set forth by Congress and the Courts. They do not make laws either.

"The magazine of reference is published by PVA, Is the Service Officers Appeals Report"

By PVA, I assume you mean Paralyzed Veterans of America. This probably is a PVA publication intended to assist their SO's in working claims for their memebers. For what it's worth, the material in that magazine isn't any thing new to a DRO. DRO's are generally pretty well versed in the working of BVA as far as what would cause a remand and so forth.

"The Medical article is a publication from the Dept. of Dermatology Of the University of Helsinki, stating the progresion of my particular diagnosis"

Like I said before, medical articles referencing a disability in general will do nothing for a veteran's claim. Just becausethat article references the disability that you have means nothing. The VA needs a IMO from a medical professional stating your disability will progress in a certain way in order for it have any credability and be probative.

"Any way the scars and 2 purple hearts eventually will have some meaning, to someone"

The purple hearts have meaningto VA if you are claiming PTSD. This will allow the VA to concede the "stressor." Also, if your scars are from combat wounds, you should claim them also. The purple hearts may help establish the inservice occurance of those injury(ies); especially if they aren't recorded in your SMR's

Vike 17

[hp1030]

Very well.

"DRO's are generally pretty well versed in the working of BVA as far as what would cause a remand and so forth." You say.

If this is so... Why did they reduced my compensation(skin condition) from 50 % disabling to 10% on only one simple, hurried C&P evaluation, with the condition established and stabilized without improvement for over ten years, as per medical record and IMO'S. (Please see CRF 38 §3.344)

If the know that they "might" be remanded.

Does this seams like a well versed DRO?? I beg to disagree, Sir.

Thanks again for an inteligent and timely response.

See also this link if you wish, please...amazing.

http://links.jstor.org/sici?sici=0038-9765...&size=LARGE

[Objee]

I do not doubt your source of information VIke 17.. but under what authority does the BVA do not set precedents. The BVA does not have court attributes??? there is no formallity on a desicion??Every judge rules by faith??? or the lack of? the is no SOP???

You mean to tell me that the BVA is a headless no constraints or rule of law institution??

The magazine of reference is published by PVA, Is the Service Officers Appeals Report.

Again, no bearing??? It is their document..!? It is posted as a guide for the service officers.

The Medical article is a publication from the Dept. of Dermatology Of the University of Helsinki, stating the progresion of my particular diagnosis.

I was thinking additional info... Water tight case for the DRO.

The is no problem with my Medical record or IMO's.

All clicks are covered( wink).

Any way the scars and 2 purple hearts eventually will have some meaning, to someone.

I thank you for your time and effort Sir.

HP,

What Vike says is the straight scoop. The BVA is merely an adjudicative board that is part and parcel of the VBA itself. Merely

a layer senior to the ROs. The first legal layer that has the power to render precedent is the Court of Appeals for Veterans Claims. This is a constitutional Article I court of limited jurisdiction, but a legal court nonetheless. The BVA on down the chain needs to obey the CAVC's rulings or you then go to the District Court for the Federal Circuit which is a stand-alone constitutional Article III court with full Article III authority and legal protections for litigants. Even so, it has its limits on what it can review and how it does it regarding the CAVC.

Our problems lie with the lack of effective accountability and ex parte (treat you like a mushroom) structure of the entire VBA. This is by congressional design. In spite of protests to the contrary, the system is adversarial in practice, from the get-go.

Ralph

[Objee]

Why is it human nature to get so heated up that we shoot the messanger when we don't get the answer that we want.....

Good question, Rick. I think it's like foxhole warfare - the whole war's in our line of sight.

All we can see to shoot is the messenger.

Ralph