BVA REMAND C&P

[USNDW]

I have been dealing with a BVA for 3 issues since 2018,original claim 2009.

A VARO rated left knee at 10% woth SNRA. I filed a NOD because Seronegative Rheumatoid Arthritis is a chronic disease, and they should have rated RESIDUALS. I have attended 3 C&P exams for this BVA, and they asked for an additional exam 5 days after I attended the last one.

I called them and said "NO, this is ridiculous". They said they were dismissing the remand. Contacted Senators office and asked what the hell? I went to an exam, but apparently the examiner did not answer 3 of the 25 questions, so they told me if I do not attend another exam for the 3 additional questions, they will dismiss the remand.

Can they do that?

The information they are asking for already exists in my C file.

Cannot express my disgust with VA claims processing right now

[pacmanx1]

As I stated, it is not illegal it is insane, insanity- "Insanity is Doing The Same Thing Over and Over Again and Expecting Different Results" quoted by someone smarter than I am, but it is still true. IMHO, your post is off and is leading the veteran straight to a denial/appeal. We all can stand if someone would or could correct our posts, don’t take it personal but if I see a post that is not based on the regulations, I will respond. The regulation clearly states that the VA has the authority to deny or review and which one you think they will do. The human factor is the VA will do what is most convenient for them and not the veteran. It seems the VA loves to top sheet ratings (meaning documents closest to the top are reviewed) outside of that, I don’t see the VA going through any veterans’ records just to find the evidence to award the veteran’s claim. You don’t see that your post could hurt a veteran and every veteran is not already rated 100% P & T SMC and that advice could do more damage than you could ever know. There are veterans out here that are still struggling, even you played the game to the point where you already got your 100% P & T SMC rating now let them get theirs.

[Mr cue]

I will continued posting my facts as I feel fit.

I have not told any vetean to refuse anything.

But if they choose to so be it .

Back to what  the poster post about before I was attack for tell them how I would fight it.

Were did I tell a veteran to refuse a exam read post before you attack me

 He is Been  told by the regional that if he does accept there 4 exam they are going to close his bva remand.

 

 

They can't do that that is why when they try the first time it was reopen back up because it not legal.

To threat a veteran.

 

Tell them to give you a letter denied the remand they can't just close it

Because it go back to the bva judge.

So there just hold it to try an get negative medical opinion. This is my opionion.

 

Now if you feel that I don't have the right to post about the poster issue or my opinion

You understand where you can kiss

[USNDW]

So yeah, the original question was, "can they dismiss a BVA remand" for not attending a 3rd C&P???

Mr CUE, I did get a letter from the VARO. What maybe was confusing was the original mailing was a repeat of a previous letter. If I had not called the 800# and asked if something else was supposed to have been sent. There was. The email the VA sent me contained a PDF of the VARO letter stating I had requested to dismiss my claim when I told them I would not attend a 3rd exam.

I wrote a very awful letter to the BVA, VARO & Senators office. Within a week I received a call and the VA rep told me that when a Veteran does not attend an exam, they will cancel the remand.

I asked the BVA to NOT take any action on my appeal until the hearing, which I am still waiting for a date, within 3,000 now , because my contention is the information they said was missing from the previous 2 exams is in my C file. I can give them the date and the Dr to prove my point.

I have not yet got a call from LHI, so hopefully someone has shut down the VARO.

My remark to them all was I am not a freaking yo yo and it is difficult  for my wife to haul me to exams because they cannot get it right.

Anyone who has read about this BVA before on hadit knows it started in 2009. I have won multiple issues, including SMC S, K, auto allowance and most recently the VA rated 12 different joints service connected. I am winning, but have a ways to go

[Mr cue]

9 hours ago, USNDW said:

, I did get a letter from the VARO

I bet it Didn't  stated that they are closing your remand because u refuse there exam.

You stated the letter say you closed the remand.

Were is the evidence of this.

Were is a letter from you stating this I don't think they can produce one.

So it will be remand again bva or court.

That the way I see it . An would attack it

[USNDW]

Actually it does. In fact, it says that a VA vendor stated I told them to dismiss my remand because I refused a C&P exam.

In black and white, so I will see how the ALJ responds.

I was never aware a VA vendor could communicate a BVA dismissal. I am pretty sure they are not in the decision process of claims. I have the letter, and so does my Senator

[Mr cue]

7 minutes ago, USNDW said:

Actually it does. In fact, it says that a VA vendor stated I told them to dismiss my remand because I refused a C&P exam.

If the bva doesn't remand it the court will 

 

8 minutes ago, USNDW said:

was never aware a VA vendor could communicate a BVA dismissal. I am pretty sure they are not in the decision process of claims. I have the letter, and so does my Senator

They can't they are doing to much and the rater should of  never closed it.

 

They need  something from you in writing to close your remand. Not a statement from a private contactor

 

It will be address its just away to prolong thing smh