ptsd Bva Report

[Berta]

They ARENT blaming the VCAA- the VCAA was supposed to get better claims work done right at the RO level by specifically telling the vet and their rep what they needed BEFORE any denial of the claim.

BEFORE the denial of the claim----

The Buffalo VARO has 2 stacks of claims.

one stack is the claims that will get a proper legal VCAA letter and election notice- the other stack gets a generic letter that is illegal because it is not specific to the claim.These claimants do not get an election form and none of the RO claimants get the VCAA pamphlet that explains the whole VCAA and their rights.

If the POA does not wuestion this- nor the veteran- those claims are doomed from the git go.Doomed.

I am trying to find out who determines at the RO what claims go into each stack.

The proof of what I am saying is at the BVA web site.

I have taken a stand and continue to put pressure on the State of NY to

see why their vet reps are not questioning claimants who never get a legal VCAA letter.

Some of their reps have sat back since 2000 (VCAA law date)and did not advise the vet what they needed because the VA never told the vet on the legal VCAA letter.

This letter tells the vet exactly what they need to provide to the VA.

Just yesterday I found a 2006 NYSDVA claim at the BVA.

The vet had been denied in 2004-meaning he filed the claim probably in 2003---I think his BVA decision was dated Dec 2006-

The vet had PTSD diagnosis and proof of his stressor.

The BVA immediately award the claim.

Of course they had to send it back to Buffalo to be rated.

The veteran with NYSDVA on the brief- NEVER got a legal-VCAA letter.

On his own he obtained proof of his stressor.

The BVA said the VCAA error was not prejudicial-

but this vet waiting 4 years and now might still be waiting for his claim to be rated and he had everything he needed early on.

Someone at the Buffalo RO determines which claimant gets a legal VCAA letter and election form and who doesnt.

NYSDVA goes along with their decision- and does not appear to ever question the lack of proper notice.

The BVA web site and my own claims prove this point.

I cant fight over every vet orgs involvement in this scam-

I am fighting very hard to get this rectified for vets and widows with NYSDVA on their POA-with claims filed at the Buffalo VARO.

Any NYSDVA claimant who has been adversely affected in this way please post something and I will contact you by email-

[Berta]

John- The 2006 VBM has extensive info under the Veterans Claims Assistance Act-

Ron Abrams- one of the lawyers who writes the VBM told me I made some very good moves when I got that fast BVA remand due to VCAA violations-

As a veterans advocate I didn't even know what a real VCAA letter involved-and when I became a claimant in 2003 after last being one in 1997-I still had no idea that what I got was an illegal VCAA notice.Then I got smart.

I am contacting NVLSP to put a real VCAA example in the VBM-

but they might already have one there-

will check-

I also read in the VBM that the VA doesn't send VCAA letters on CUES-

I was promised 2 on CUE claims-by the VSM-but of course they never came-

Angela-there is a lot at hadit on Cue claims and also the VCAA.

I am confused with your issue- but if you have medical evidence that puts you into the 100% criteria and they did not use this evidence-

you could attempt to ask them to CUE themselves on that decision and tell them you did not receive proper VCAA letter.

If the VCAA letter you got did NOT specifically have an italizied or underlined statement-specific to your claim- as to exactly what they need, and if the letter did NOT come with an election form-it is an illegal VCAA letter.

If the VCAA letter did comply with the VCAA regs do you have time to ask the VA to reconsider their decision based on your evidence?

I posted at hadit info as to how the I-9 should be prepared.

I sent an I-9 in Jan 2006. It passed through many hands and got 3 authorizor signatures. months passed and other movement appeared on the VA computer screen. and then in July I got the notice of transfer to the BVA.No one even read the first page of it at my VARO.

I raised hell. They are reading it well now.

Someone posted a real VCAA letter here at hadit about a year ago.

Edited April 19, 2007 by Berta