BVA Decision New Evidence?

[pawmbi]

Did a search and didn't find an answer to this question....but would previous BVA decisions be  considered "new" and "relevant" evidence to open up a Supplemental Claim?  I thought about just submitting for a HLR but I want these two cases I found that are on point a part of the record.  There is no other evidence I am submitting.  My argument is the rater did not follow already existing precedent which is what these two BVA cases represent. 

[Berta]

I read over this thread- you posted thee VARO said::

 "While we acknowledge your medical opinion letter submitted xxxx The examiner provided a negative opinion with the following rationale..."

If your IMO followed the IMO criteria here at hadit , from a real doctor,

with equal or greater experience in the field of the disability you claimed, I am shocked but not surprised that the VARO seemed to forget Relative Equipoise.!!!!

Can you scan and attach that denial here to include their evidence list?

Cover your C file  #, name, address prior to scanning it.

BS happened to me once like that--I had a strong IMO from Dr. Bash and the RO ignored it and I raised Hell.

My former POA had an office in the VARO building and I asked for a second DRO review.

I asked him to present my IMO to the DRO in the econd DRO revoew and he said he did, but she told him she could not read it-

But then he said Well ,Idid get you another C & P exam-

but I was pissed and told him that he didnt even try to get the IMO into the record. ( this state POA outfit acted like they never heard of an IMO/IME before-)

and I said if she cannot read this IMo in simply English phrases, citing evoidence in the veteran's file and med recs,  in his lifetime.then how in the Hell can she read a C & P exam result?

Long story- he was demoted- they made so many errors on my claims that I complained to the General Counsel and to their boss, the Governor of NY. Their Director was suddenly removed from his job and the rest of them were gone. in time.

It was the second POA  representation, I had, that did not advise me properly and I feared they also did the same to other widows of veterans, and when I see that level of incompetence Igo for the throat-meaning the highest authority who allows them to be Vet reps. 

Sorry for griping. 

Make sure the spouses of you all here have access to hadit and can use a PC, because if something happens to you, they might be treated like I was by some  lazy assed incompetent vet rep.

I certainly know there ARE great vet reps out there- but they are always so overwhelmed, and can burn out often.

 

 

[Berta]

l;ost entire post 

Edited June 2, 2021 by Berta

[pawmbi]

1 hour ago, Berta said:

The new C & P exam- same doctor-  but It could possibly go in your favor-this time.

That CAN happen.

I will go over this whole thread- to see if you attached the initial denial letter ( and Evidence list)

because with that, maybe we can help more.

Good for you for using the BVA citations,as I am sure they were case involving VA case law  that should have been applied to your claim.

The BVA web site holds a wealth of info!

Thank you for using it!

The BVA decisions for a search are on the right side pf this page -for anyone who needs--

https://www.bva.va.gov/

 

Thank you Berta!

I am attaching the decision and the BVA case that was right on point.....VBA 1Case 1640906.pdf

VA Decision 05.17.2021.Redacted.pdf

[Berta]

The downloads involve a claim for migraines as secondary to SC OSA.

 

I dont know why but I thought this was a burn pit potential claim.......noise from a brush hog on my farm is distracting me-

sorry..........-

Others will chime in.

Edited June 2, 2021 by Berta