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New Evidence For Bva


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#1 qwiksting

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Posted 02 April 2012 - 03:50 PM

Hello to all, I was wondering if someone could help me out with some advice. I submitted a claim to the VA in 2007. I have esophagitis, with a hiatus hernia. Also GERD. I returned from Iraq in 2005, was discharged in 2006, went to the VA and began getting treated and diagnosed, (upper GI)and then treated with omeprazole and some kind of nasty thick liquid stuff. The Doc called for a endoscopy, so I waited for an appt. which never happened. So the next time I went in for an Appt. Doc wanted to know about the endoscopy, so he pulled up something on his computer, and it said it was put in as a routine procedure and was denied. This went on one more time till the Doc had to call Gastro to set it up himself. 2yrs into the process. Got the scope done and was discovered a Hiatus hernia and GERD with a small ulcer. Like I said earlier I submitted the claim in july 2007. In Feb 2008 It was denied, stating" that everything had resolved itself". I then put in an appeal with the VA, spoke with a DAV person who was helping me. I was given a choice as to where my appeal would go, and was advised that it should go to a DRO. Anyway,I think a mistake was made and it got sent to the Board of Veterans appeals in Washington DC. I don't understand the paperwork flow but it is what it is. So, today I had another Endoscopy done at the VA, and the findings are:

Moderately severe esophagitis seen in the distal third of the esophagus(530-10) Biopsy taken

34-37 cm level esophagitis

A hiatus hernia was found in the GE junction (553.3) 37-40 cm level

Erosive gastritis was found in the antrum (553.40) Biopsy taken

Normal body of the stomach, cardia, and funds. Two biopsies taken

Normal Duodenum


This looks similar to the first Endo that was done in 2007, when I filed my claim.
my question is, do I, or can I submit this to the BVA, and if I can how do I do it?
Thank you for listening and or helping me.

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#2 deanbrt

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Posted 03 April 2012 - 09:24 AM

Yes. Mail it to BVA with your claim number. Or fax it. 202-632-5842. A fax is a legal form of receipt verification.

#3 qwiksting

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Posted 03 April 2012 - 11:08 AM

thanks

#4 carlie

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Posted 03 April 2012 - 11:44 AM

qwik,
First of I'd be sure the c-file has actually been transferred to the BVA's jurisdiction
AND
if it has AND you are submitting some additional evidence to them
BE ABSOLUTELY SURE
to also submit a signed Waiver Of VARO Consideration (to the BVA)
or they will automatically remand it back to your RO for their consideration.

This will save you about 12-24 months.
JMHO

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#5 deanbrt

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Posted 04 April 2012 - 11:50 AM

Agree. I put waivers on what I sent. Again, if you have a complicated case with a significant back award, I think you are better served by having it at BVA rather than going through the DRO process. There have been claims that it might take two years there. but someone recently posted the BVAs own figures that put it at more like 250 days and a chunk of that is for POA review. That has been my experience.

#6 qwiksting

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Posted 13 April 2012 - 11:09 AM

Well, I just found out about benefits!!!! I got a premium account and started doing some research. According to their records, my appeal was received by the BVA on 1/29/2010. The latest it looks like is "date of current progress is 06/01/2011. It also says it is "current progress is with VSO "3", whatever that little 3 means. Anyone wanna take a guess as to what is happening, or maybe a time frame??

The initial claim all started on 06/25/2008.

Also, what does EAA-119 by phone mean as far as "What we have received from you".

Ebenefits...sorry.

#7 qwiksting

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Posted 13 April 2012 - 01:02 PM

Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. Claim denied 28 August 2008. NOD 02 December 2008. Also opened claim for Hiatal Hernia at the same time . I don't know to much about the procedures, my Local DAV rep. helped me with these claims. Both are forms 21-4138, they were filed at the same time. My local DAV rep filed a 21-4138 stating I wanted a Decision Review Officer to look at my appeal, that was submitted on 3 march 2009.I received a letter from the DAV stating that the veteran wishes for a De Novo Review by a DRO on 16 March 2009. 9 April 2009 I was denied service connection for Hiatal Hernia. On 13 April 2009 another 21-4138 was submitted stating my NOD and to consolidate my other appeals and all gastrointestinal issues into one review(it is all related). I received a packet from the VA on 18 September 2009 stating that my appeal will go the the BVa, because "Deadline for submitting a response to appeal election letter. Since no response, the appeal will follow the tradition appeal process". Which is a LIE, because I submitted a 21-4138 stating I want a DRO to look at my appeal! On 14 October 2009, I let my DAV rep see that and she filed a Form 9 Appeal of Denial of S/C for gastrointestinal conditions, stating that we followed there rules. Claim appealed 14 October 2009.

Just a little background
While in Iraq, OIF2, I was treated for, what i thought at the time was severe heartburn, (prilosec, family sending me lots of tums.) I still have the corpsman's medical treatment paper. Outprocessing at Ft Stewart February 2005, I was given health assessment and noted that I was and still am having stomach problems. (I was In the National Guard). I was still in the National guard, just out processing the active Army side.(I was discharged from the National guard in May 2006). I went to the local VA in December 2005 because my stomach problems became worse. I was given an Upper GI, they found I had reflux and started me on Meds. My Doc at the VA requested an endo scope, however that was denied, 2 different times. Finally got a Scope done in June 2008 where it was discovered a hiatal hernia, esophagitis, gastritis and small ulcers. Got another scope done last week, same results,bigger ulcer.

Question is I feel the VA is trying to tell me there is no nexus here between my service and my conditions. Why is the DAV so backlogged???

Edited by qwiksting, 13 April 2012 - 01:07 PM.


#8 ketchup56

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Posted 13 April 2012 - 02:37 PM

IF you feel you have a good claim and all the new evidence needed to win your claim, you could revoke your poa with the dva and move your claim back to the vlj review, but only if you feel your claim is solid with the new evidence you have.Also do not forget to waive regional office consideration when you send any new evidence to the bva.Vso's at the bva level is in fact the major holdup time while appeals are in washington,dc. BVA current's timeline after reciept of file in 2011 was 242 day's.From my own experience vso's even when they get to your file for review they still will only just submit a check off on the 646 and just send it back to the vlj as is without any argument's that would benefit you and your appeal. AGAIN THIS MY EXPIERENCE ONLY.Your appeal has been with the dva all this time and you didn't question why. I'm sure other's will or should reply . Good luck

#9 retiredat44

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Posted 13 April 2012 - 02:56 PM

Yes, the local regional office is holding claims back while they jerk around...
so they don't make it to the BVA to get docket numbers.
In my case after my DRO hearing in 2010, they still haven't given a decsion on 3 out of 6 issues..

it appears, they could have just sent the denied claims on to the BVA ...
and those that they wanted to probe further or approve keep those local until they are finsished one way or the other, instead, they keep all the claims, in a file cabinet..

so, they do not even get the chance of getting a docket number, if they refuse to forward them..

My VSO told me, they still owe me several decisons from the DRO hearing in 2010, but i already knew that..
(my claims actual dates ( of being sent with a form 9, for appeal were actually in 2009, but I took a chance with a local DRO hearing in 2010, even after the form 9's, were sent in..)

but, yes, they get stopped at the local VA regional, and justs it in a file cabinet, and there is nothing a vet can do, but wait until they ship it to the BVA...

If they think they are going to do more local work, but it just sits and collects dust, why don't they let the vet know?

supposedly, in the coming week, hopefully, I will get the IRIS inquiry info on where everything is in mine...

in your case, you said (held at the) DAV, which is your VSO ? And your VSO, the DVA has not finished sending them to the Local regional office?
sounds weird, is the terminology different or wrong? Or did you mean it is being held at the regional VA claims office?


Ok, I just got off the phone with the DAV. Supposedly they are backlogged.. First I called the BVA, who told me they are working on 2010 cases. They informed me that my appeal is being held up at the DAV. That as soon as the DAV would send it to them(BVA) they would work it and give it a docket number. She, the (BVA) gave me the number to DAV to find out where it was as far getting it to them. I called the number and talked to a lady that told me that they wouldn't get to my appeal and work it until around October 2012. Claim opened 25 june 2008. ...............


Edited by retiredat44, 13 April 2012 - 03:00 PM.


#10 deanbrt

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Posted 13 April 2012 - 03:59 PM

Yes, you can. File an IRIS request asking what is going on. It makes it public record and they can be held accountable for their answer.

#11 qwiksting

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Posted 13 April 2012 - 04:14 PM

Well, the new evidence was submitted through my congressman here in Florida, Jeff Miller. I thing he has something to do with the VA, Chairman of the House committee on Veterans Affairs. When I called the DAv I asked about the new evidence and was told they received it and put it with my case. I also checked on Ebenefits to see what was going on with my appeal and see where there was some activity on the 10 of April. I don't think getting the congressman involved will speed it up, but maybe someone will actually pay attention to the obvious evidence and see I was stricken with this condition while sitting on FOB Echo,Diwaniya Iraq. We didn't have a hospital there, only corpsman, so I hope they don't think I could have had this diagnosed there. There was no medical equipment there except for a combat lifesaver bag and corpsman.

#12 deanbrt

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Posted 13 April 2012 - 04:17 PM

That is what you need to do.... : )

#13 qwiksting

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Posted 13 April 2012 - 04:35 PM

I almost want to revoke my pod for the day, who will be my representative then, to argue my case??An attorney? just asking I don't know what I should do. This is way off my grid.

#14 deanbrt

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Posted 13 April 2012 - 04:52 PM

I had the DAV. The local rep was beyond belief. So good people outside of his territory tried to get his help. Then I went to state headquarters. Indifference would be the kind word. Then I got the services of one of the most popular and well known VA law firms. I came to regard them as the VA equivalent of Binder and Binder. In the end, I got them to withdraw (and waive fees) and within two months I won at BVA with the help of a guy named Hoppy. Try the American Legion and then do your research damned thoroughly on an attorney....

#15 qwiksting

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Posted 13 April 2012 - 05:54 PM

Thank you Dean, I just feel I have a good case, couldn't see why it was denied S/C in the first place. Now worried that if I revoke POA from the DAV, theres no telling how they may have screwed up my paperwork/case. I hat that it could go to a VLJ as is without it getting put in some sort of order. What exactly does a VLJ do when he gets the case? Will he put it in order so that it can be reasonably adhjucated fairly with ALL the evidence I submitted? Do they even look at the VA treatment records to see this is a chronic problem and "has not resolved itself".

#16 deanbrt

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Posted 13 April 2012 - 07:48 PM

There is a guy named Hoppy on this site you need to contact. Now.....

Trust me on this....

#17 ketchup56

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Posted 13 April 2012 - 11:00 PM

qwikstring:

Ulcers,peptic(gastric or duodenal) can be service connected under the chronic statue 38c.f.r. 3. 303(b) as a chronic disease which is listed as a chronic condtion under 3.309(a). IF you have all the evidence as being chronic in service, and a diagnosis today as chronic, being a combat veteran no further evidence would be required IFand only if you you have the evidence. PLEASE read 38 c.f.r. 3 .303(b) through 3.309(a) to see if you can work your claim from this point of view. Also you should alway's work your appeal from the (soc) statement of case reasons and basis the varo gave for the denial of your claim. If they did NOT consider your claim under the chronic provisions as required by law YOU should definetly present this as argument to bva .BVA judges will see this mistake by the varo, but YOU must be sure you qualify under this statue, and argue this to the vlj while QUOTING ALL STATUES THAT APPLY.Also my opinion only is that revoking the DAV and assinging the AMERICAN LEGION would definetly make your appeal go backwards as it would just sit with them also for no reason at all without any help or arguments that would help or benefit your appeal in any way, BUT this is just my opinion only. I found out the hard way that NOBODY CARES MORE ABOUT MY CLAIM THAN ME. Enlist help from the ELDER'S on this site and you will eventually win this claim. Good Luck.

#18 retiredat44

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Posted 14 April 2012 - 12:22 AM

Once I win al my claim stuff I wil glady tell everyone how I won, and what I found was good, bad, the mistakes I made, any right moves, and more,, but I am unable to say what works until I win, and I know I will win my claims.

One thing I think, is that it's not good to move your claim around more than 1x, because then you just spend all that time moving around and having to tell your story over, and over, and over..

I had no choice but to move my claim form one American Legion office to another when my vso was transferred leaving my case flapping in the wind while they reshuffled staff..
but I kept it within the American Legion,,

15 years ago my first case I won 50% on the first time around, with 'Purple Hearts disabled vets organization' and no appeal was needed, but I screwed up and never filed an appeal on what issues that were denied, a few more issues.. I settled for 50%, but being so sick I could not handle the fight..

I am saying moving a case from organization, to organization might or might not be good.. depends on advice form the most experienced and knowledgable people..

I did try to talk to a lawyer while the American Legion is handling my case, but they refused to talk in person, admy case is too complicated to do it over the phone or by mail.. so it dpends on complexity.... so I kept the American Legion, while they may not cuddle me, they do make time for me, not always, but often they let me walk in, they went through boxes of records with me.. they handled my DRO hearing, I just cannot pass judgement until my case gets through the appeals.. I don't blame them for it have to get this far without being approved and winning,, the main cause of the flux-up was when I had to move it from another office of the American legion when they changed staff and the office came to a halt as they stopped seeing people for several months, this all happened about 1.5 years ago when I was first starting some NOD's and appeals when the first denials started, and the first VSO officer, was highly recommned but, he worded my paperwork wrong,.. I was way too sick to do anything right,, too drugged out and had just got done doing a long stretch in hospital fighting for my life and in great shock..

I will always be in great shock from unimagniable hell..

while they saved my life, I will never be cured and I am dying, they told me that because of the condition of the pancreas, they are uanble to fix it, move it, transplant, and that I wil just continue to get sicker, they just don't know when I will have to come back..

I relay on others to tell me when I am screwing up because my mind was very damaged from al the bad health problems and being screwed around...
the VA hopital was always great and was great to me, but all the legal B.S. the VA has pulled, on my trying to get rid of me left me a mess and will never recover even when I finally win....

I have been told I should right a book about my experiences with my health issues and what happened, I feel the VA would have me shot if what I had to say was put into a book.. I have been told to not speak about some experiences because it might upset some people...

I hope I can pass on my experiences on what to do after I win all, until then what i have learned will not help much, as people want experience info from winners..
So, listen to the good people here who have won, and contune to win..

One more thing, even though the Local VA and DRO has not helped move my claim forward sinc emy DRO hearing, at least i was abler to straighten up the claim and give my story, and I don't think they read the files and records and when I had my hearing it forced the VA office to actually see and hear my case, had it gone to the BVA without the DRO hearing, the BVA would have returned it for it being totally screwed up by the incompetence at the VA regional...
now it's possible I won at least half before the rest go to the BVA. In MY case having a DRO hearing was the right move,,, I made them do the right thing... I forced them to do the right thing and look at the evidence.... hear it, see it, listen to it, and evaluate it..

IMHO

Edited by retiredat44, 14 April 2012 - 12:27 AM.


#19 qwiksting

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Posted 16 April 2012 - 04:41 PM

Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09.

I was denied on both so I requested a DRO to look at it.

What happens when a DRO does not look at it and it gets sent to BVA?

#20 carlie

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Posted 17 April 2012 - 10:51 AM

Once again, as I look deeper into my own case (head is somewhat clear) I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09.

I was denied on both so I requested a DRO to look at it.

What happens when a DRO does not look at it and it gets sent to BVA?


Several things to mention.
Did you request a DRO De Novo Review or a Hearing with a DRO.
After a DRO does their thing on claim issues the claimant still has to follow
certain procedures to continue their appeal on to the BVA level.

Either way - a DRO will take probably at least a year.
A DRO Hearing will probably take at least 2 years or more.
Continuing an appeal and getting the claim under BVA's jurisdiction, will be
3-5 years minimum under most conditions
and longer if you request a hearing with a BVA traveling judge.
JMHO

#21 deanbrt

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Posted 17 April 2012 - 12:46 PM

" Continuing an appeal and getting the claim under BVA's jurisdiction, will be
3-5 years minimum under most conditions"

From my own personal experience the time frame at BVA (after claim denial) is less than a year...

#22 qwiksting

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Posted 17 April 2012 - 05:27 PM

Well it is at the BVA, been there since 1/29/2010. Well at the "backlogged" DAV. BVA said they would look at it as soon as the DAV released it to the BVA.

#23 qwiksting

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Posted 17 April 2012 - 06:01 PM

Carlie

Yes, I asked for a De Novo Review. I called the state DAV today and was told the DRO was unable to make a decision so it had to go to BVA. I also checked on my appeal to the VA that I did not want it to go to BVA.

#24 deanbrt

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Posted 18 April 2012 - 08:19 AM

"Well it is at the BVA, been there since 1/29/2010. Well at the "backlogged" DAV. BVA said they would look at it as soon as the DAV released it to the BVA.

I read this to mean he has been waiting because of the DAV not VA......

#25 qwiksting

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Posted 18 April 2012 - 08:25 AM

You are exactly right Dean, the State DAV gave me a weak excuse as to why it takes soooo long.

#26 Berta

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Posted 18 April 2012 - 01:13 PM

Something seems wrong here.

"BVA said they would look at it as soon as the DAV released it to the BVA. "

I was going to mention the 646 form a few eeks ago in some detail, but think I covered that on my BVA SVR show- maybe not.

Prior to a formal transfer of a claim, the appeal ,if their is a POA representing the claimant, is sent to the service org for them to prepare a 646 form.ion support of the claim.

Some prepare them and some dont.

If the vet org sits on their thumbs over this form, it adds more tie to the BVA appeal process.

I got a copy of a 646 form that was prepared for my AO claim of 2003.

Sometimes the BVA will refer to statements in the 646 that support that claim.

The 646 I got could have been writteh by a house plant.

I think the state DAV might have their thumbs up their butts over this form and you should try to see how long they have had the appeal . I just hope they haven't lost the I-9.

#27 Berta

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Posted 18 April 2012 - 01:42 PM

"Yes, I asked for a De Novo Review. I called the state DAV today and was told the DRO was unable to make a decision so it had to go to BVA"

Something is wrong there too-----

The DROs always make a decision, whether we like it or not, and a Statement of the case is prepared.

That is the decision that can be appealed.

"I see where a request( 21-4138) for a DRO to look at my claims (one relates to the other, maybe secondary condition is the term) was submitted on 3/3/09, and received by the DAV National service officer on 16 April 09."


As I recall there is a specific form to request or check Yes to that sets up a DRO Review on.


I would think a 21-4138 request would be OK too but,since Three years have passed, have you received ANYTHING on this claim from the VARO. SUch as the letter the VA sends prior to BVA transfer?

Did you in fact receive a Statement of the case and it that what the I-9 appeal was prepared for?

If I were you I would be IRISING the VA to see what exactly is what.

IRIS is at the main VA web site, under "Contact Us".

I suggest strongly that you ask for either email or snail mail response because by phone they can say whatever they want and you need hard copy.

What city and state is this DAV office in?

In spite of the tremendous backlog of claims, something does not seem right here at all.

Edited by Berta, 18 April 2012 - 01:46 PM.


#28 qwiksting

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Posted 18 April 2012 - 05:04 PM

I would love to post what I have scanned in here on my computer Berta. It shows the paper trail as I have it from initial claim to BVA and everything in between.

I have also sent in to the BVA a waiver for Regional office consideration along with a revocation of Power of attorney. Oh yeah, most importantly I sent in "new" evidence. Not exactly new, it was there all along but the C&P examiner failed to read it, along with the Rater at VARO. Two guys from this forum really, really helped me out. I can't thank them enough. Thanks again guys.


Your right Berta, I did some research and found that my two DRO request were either never received from the DAV or it was ignored.

Edited by qwiksting, 19 April 2012 - 07:43 PM.


#29 broncovet

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Posted 21 April 2012 - 10:38 AM

I think there is merit to this idea of DAV releasing it to the Board of Veterans Appeals. In my case, ebenifits shows my claim, which has been received and docketed by the BVA, as "with the VSO".

I called the DAV, who is my rep, some months ago, about this very issue and eventually got to speak with the DAV rep who prepared my claim for the BVA. This is the jist of what I got from that phone call.
The DAV's position is that:
1. Its gonna take the BVA a couple years to do your claim.
2. So, while we are waiting, the DAV rep has plenty of time to "work" your claim, that is, to have a National DAV rep, familiar with legal aspects, type up your claim in a manner mostly likely to result in a Vets victory. In other words, the DAV rep, who should be more familiar with VA law than the Vet, can cite cases and "put forward" the best chance of a Veteran award..and "skip" those positions the Veteran proposes but have no merit (according to the DAV rep).
3. I think the number of national DAV reps is in short suppply, especially those familiar with VA law and how to present a case to the BVA. This creates a second "backlog in a backlog", where the DAV is backlogged in preparing Vets cases to the BVA.

IMHO, the DAV is part of the problem (backlog) and not part of the solution.

#30 retiredat44

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Posted 21 April 2012 - 12:37 PM

When I went to the DRO hearing in 2010, with 6 issues... I brought up that they overlooked a bunch of evidence, and laid out all the evidence their either ignored or overlooked,,
my SMR's, ,y DD-214, and my Medical records all together had it in black and white, yet, since they overlooked it, it counts as new evidence. That makes no sense to me, at all, it's they they screwed up... if they had read it I would not had had to ask for a DRO hearing,,

the DD-214 showed my job history, and what the jobs were. My medical records reflected the job illnesses and injuries,, I did not add anything that was not already there. So, that's is just plain wrong to say it's new evidence, but apparently it is new evidence if something is brought to their attention, even though they missed it.

In my case doctors order my commander to move me out of jobs that required chemical exposure, yet, after being removed I was ordered back to a new job with more chemicals. Then the illnesses re-emerged.

I had to go more in depth on all the chemicals, even re-stating my IMO, about each chemical. Also showing the SMR's medical records as they matched the dates of my jobs. I also had to state that they had these records the whole time at the VA. None of my records were from any other sources. Any outside source records had already been sent to the VA 15 year previously.

The DRO hearing to this day has never given an answer to 3 out of 6 issues... they owe me three more decisions. That is also what my VSO told me, so I am not thinking all on my own.

The IRIS response was all garbage so I will not bother with trying to copy it here, it's as if morons are working those and sending them out,, really, I am being kind to whoever runs that system...

The last bit of hope is that since they decided to give me one more c&p exam back in January 2012, means they might be actually thinking of making the last few decisions.

MY form nine appeals actually went out in 2009, and re-affirmed in 2010 at the time of the DRO hearing. Which means it could be in the coming month or in two more years, and may never get an answer for the 3 unresolved issues, it appears they can kick the can and are not required to give decisions at the DRO according some other vets who didn't get decisions (yet).

My wife had less restraint and tried asking/pressing the DRO guy about time frames, but eh was as slippery as an eel, and refused any type of answer, except that people are in front of me,,, but I find that extremely mean and rude, a simple but pleasant and honest answer would have been better than the B.S. he passed off... but you guys already knew what I learn... They must be under pressure to obscure information and just keep the line full.. job security... Cynical but more than true.

So, when you say new evidence, evidence they neglected is new? You would think there would be a system in place to catch evidence they neglected and penalize the people responsible for screwing up the cases. This total malpractice on the part of the VA. The BVA should be sending in investigators to find out why the VA claim people are so incompetent.

New evidence sure is looked at differently, than I would have expected... shining light on overlooked evidence will pass as new.

I would give anything to see my medical records brought in on hand trucks to the and dollies to the desks of the people who need to read my records, and I don't feel sorry for the headaches they will get, as they have an idea the hell my life has been which created the records..

Attached Files


Edited by retiredat44, 21 April 2012 - 12:38 PM.


#31 broncovet

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Posted 22 April 2012 - 06:27 AM

Retired:
I dont blame you for being ticked at them "overlooking" your evidence, then calling it "new" but it is in your best interest, and here is why:

If you have "new and material evidence", it allows you to reopen the claim. That is important because stare decisis means that you cant just keep asking another decision maker for a more favorable decision than the last one gave you. Its the finality of decisions and you need "new and material evidence" to overcome a previous decision...not just a more liberal decision maker.

You see, if a decsion is made, the VA assumes it to be correct until/unless there is new and material evidence that would cause a future decision maker to consider another outcome. The VA and BVA are "tryers of facts" and these facts wont be disputed without new and material evidence.

#32 carlie

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Posted 22 April 2012 - 03:49 PM

" Continuing an appeal and getting the claim under BVA's jurisdiction, will be
3-5 years minimum under most conditions"

From my own personal experience the time frame at BVA (after claim denial) is less than a year...


dean,
How about providing some dates for us or a link to your BVA claim link.

Date of claim.
Date of denial.
Date of NOD.
Date of SOC.
Date Form 9 was submitted.
Date of physical claims file transfer to jurisdiction of BVA from VARO.
Date of BVA decision/remand.

I would love to actually see a claim go from denial to BVA in less than a year.
Thanks

#33 deanbrt

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Posted 22 April 2012 - 05:28 PM

dean,
How about providing some dates for us or a link to your BVA claim link.

Date of original BVA appeal: 10/14/2008
Date of oriiginal BVA denial 3/3/2009
Appeal to CAVC and remand to BVA: 12/9/2009
BVA remand to VARO: ; 8/30/2010
appeal to BVA after VARO denial: 2/15/2012
BVA law judge grant: 4/4/2012
As you can see BVA processed on a timely basis. In each case I acted on my own without POA. What I have become aware of by helping a couple of others is that your POA can be the issue. BVA is obligated to contact them and wait for a response at certain points. I know of one case in particular with a VSO where they may have held things up at BVA for over a year for the veteran.

#34 deanbrt

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Posted 22 April 2012 - 05:33 PM

" Continuing an appeal and getting the claim under BVA's jurisdiction, will be
3-5 years minimum under most conditions"

My turn. What is the supporting evidence for this?

#35 deanbrt

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Posted 22 April 2012 - 05:52 PM

"I would love to actually see a claim go from denial to BVA in less than a year."

Just to be clear, are your talking about the time from point of denial at the VARO to when it GETS to BVA? From my experience. that will be a couple of months at best UNLESS there is another claim and then they can sit on it at the VARO. Some of you may remember my posts from last December when i saw a claim for FOIA ( I had no idea requesting information from my c file was treated as a new claim) from my c file I had rescinded a couple of months earlier was still open. I knew it would tie up my appeal being forwarded to BVA.......

#36 ketchup56

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Posted 23 April 2012 - 12:42 AM

I would have to agree with you Deanbrt, as once my claim finally was certified and actually sent to bva, it was processed and is now at stage 4 (with vlj).

03/13/12 Certification Ro

03/21/12 Recieved by BVA BVA

03/21/12 Admin case processing BVA

03/22/12 WITH VLJ BVA

03/27/12 WITH VSO BVA (At this point i revoked poa with american legion for reasons stated earlier in this thread, relating to the unnesessary delay's,and from my expirience's as not being as proactive as i am concerning my claim/appeal. Not at all recommending this for everyone, but i feel i can win this on my own)

03/27/12 WITH VLJ

03/27/12 WITH VSO

04/17/12 WITH VLJ

04/19/12 WITH VLJ

As posted earlier the delays for final adjudication at bva whether approvals, remands or denial's seems to be time waiting for bva hearings, and vso's at the bva intentionally holding files for review because of their own backlog. According to the 2011congressional report to the secretary of veterans affairs the bva itself was adjudicating appeals in the timeline of 119 day's, and in this timeframe the bva MUST allow you 90 day's to either change represetation, submit new evidence or ask for a hearing.119 - 90 alway's equal 29. You be the judge.

#37 deanbrt

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Posted 23 April 2012 - 08:42 AM

"03/27/12 WITH VSO BVA (At this point i revoked poa with american legion for reasons stated earlier in this thread, relating to the unnesessary delay's,and from my expirience's as not being as proactive as i am concerning my claim/appeal. Not at all recommending this for everyone, but i feel i can win this on my own).......

As posted earlier the delays for final adjudication at bva whether approvals, remands or denial's seems to be time waiting for bva hearings, and vso's at the bva intentionally holding files for review because of their own backlog. According to the 2011congressional report to the secretary of veterans affairs the bva itself was adjudicating appeals in the timeline of 119 day's, and in this timeframe the bva MUST allow you 90 day's to either change represetation, submit new evidence or ask for a hearing.119 - 90 alway's equal 29. You be the judge. "

That is exactly how I see it. The delay may be with your POA, not BVA..... I did a video hearing at my VARO....

#38 deanbrt

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Posted 23 April 2012 - 08:50 AM

Ketchup, ,my guess is you are no more than a couple of weeks away from knowing the decision, based on my own time frames

#39 carlie

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Posted 23 April 2012 - 05:32 PM


deanbrt,

According to the BVA's OWN 2011 Annual "Report Of The Chairman",

I consider you to be VERY FORTUNATE to have received timely appeal results.


http://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2011AR.pdf


"The average length of time between filing the appeal and the Board’s disposition was 883 days"


From my personal experience with my appeal process to the BVA:

Decision Date: 05/19/10


This case comes to the Board of Veterans' Appeals (Board)
from a May 2000 rating decision.

Remaining issues from this decision that are under remand instruction
have yet to be settled -
so currently I am still in a holding pattern for almost
2 FULL YEARS, on remanded issues alone.


I - as many claimants in appeals status, have very few good things to say
in regards to the timeliness of appeals adjudication, at any level.
JMHO

#40 deanbrt

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Posted 24 April 2012 - 04:43 PM

What am I missing here? BVA 240 days....

And AOJ means?

"AOJ Agency of Original Jurisdiction"

'
"Certification of Appeal to BVA AOJ 585 days"s

Let me guess. These poor vets went DRO.....

Read the underlined......


The average length of time between filing the appeal and the Board’s disposition was 883 days.
The following chart demonstrates the average time intervals for particular portions of the appeals process.
* This includes the Board’s cycle time of 119 days. Cycle time measures the time from when
an appeal is physically received at the Board until a decision is reached, excluding the time the
case is with a VSO representative for preparation of written argument.
38 U.S.C. § 7101(d)(2)(E)
The number of members of the Board at the end of FY 2011: 64 members
The number of professional, administrative, clerical and other personnel employed by the Board at
the end of FY 2011: 471 employees not including 64 members above.
38 U.S.C. § 7101(d)(2)(F)
Number of acting members of the Board during FY 2011: 94
Number of cases in which acting members participated: 11,613
38 U.S.C. § 7101©(2)
Number of acting members of the Board in terms of full-time employee equivalents: 15.4
Time Interval Responsible Party
Average Elapsed
Processing Time
Notice of Disagreement Receipt
to Statement of the Case
AOJ 257 days
Statement of the Case Issuance to
Substantive Appeal Receipt Appellant 41 days
Substantive Appeal Receipt to
Certification of Appeal to BVA AOJ 585 days
Receipt of Certified Appeal to
Issuance of BVA Decision*
BVA 240 days
Average Remand Time Factor AOJ 427 day




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