The normal course of events for a VA claim is the submission of same at the RO (Regional Office) sometimes referred to as the VARO. They now call it the Veterans Service Center (right). It is also referred to in legal documents as the Agency of Original Jurisdiction (AOJ) If you are handed an adverse decision, your option is to file an NOD (Notice Of Disagreement). Often, you will file additional evidence and the VARO will reassess their prior decision. If they continue to deny you, they will mail an SOC (Statement Of the Case) summarizing their reasons for the denial. You have 60 days from the mailing date to file a Form 9 indicating your desire to appeal this denial and have your claim decided by the BVA (Board of Veterans Appeals).Getting a court date now usually takes 2 years. If the BVA Veterans Law Judge (VLJ) finds something legally wrong with the decision, he will remand your claim back to the AOJ via the Appeals Management Center known as the AMC. They, in turn, send it back to the AOJ with instructions from the VLJ to correct the error, schedule a new C&P exam or whatever, and reconsider your claim from scratch. In the event that your claim is denied again, which it appears is the case here, the correct path is for the AOJ to send you a Supplemental Statement of the Case (SSOC), return the claim to the AMC and have the VLJ readjudicate the appeal.

When you are granted a remand and a new decision at the AOJ, you are permitted to introduce any new evidence you have that you feel will have a bearing on the case. This may be submitted directly to the BVA and I strongly suggest you use Certified mail, Return Receipt Requested (CMRRR). This can help immensely when VA says they did not receive it. The courts have come up with what is called the “presumption of regularity” where the U.S.P.S. is concerned. If VA has your correct mailing address, then the assumption is that if they mailed it, then you got it. The reverse is not. You must have proof you mailed it to them. To protect yourself, the CMRRR is bulletproof. I have had Veterans Service Officers tell me this is a waste of time and money on the Vet’s part. We at AskNOD disagree.  If you are mailing important evidence to the VA in the course of your claim, the date of your mailing is an indicator of the nature of the documents mailed; i.e. an NOD following an adverse decision or a Form 9 filing shortly after your receipt of your SOC, etc.

Your mailing without a CMRRR is your word against a monolith like the VA. You have 120 days and nights to object to the adverse decision that will be handed down by the BVA. You have two options: 1) to ask for a reconsideration at the BVA level or; 2) File a Notice of Appeal with the BVA asking for a decision at the Court of Appeals for Veterans Claims (the CAVC or Court). Either way, the magic word is 120 days. If you fail to accomplish this within that period your claim is considered abandoned. It appears your claim is headed back from the AOJ (your local Veterans Service Center) to the AMC for a court date with a VLJ. We are not trying to make excuses for the inexorably slow judicial system the VA runs, but you can see how this archaic system causes interminable delays for the Vet. Watching grass grow is more exciting and the results are visible sooner. Add to this the fact that the VA still uses a paper system rather than record documents and transmit them electronically. This means everything that occurs with respect to your claim travels via snail mail between your RO and the BVA in Washington, D.C.

In order to be sure that the VA has received your rebuttal statement, we would suggest you send it in again to your local RO marked “Attention: Appeals Management Team” and to be safe, send another copy to the Board of Veterans Appeals at the address below:

Board of Veterans’ Appeals

811 Vermont Avenue, North West 

Washington, DC  20420  

Or you can call them at:

1-800-923-VETS (8387) or (202) 565-5436 Monday-Friday 9:00am-4:30pm (Eastern time zone).

Or:

For an Email status report on your claim before the Board of Veterans’ Appeals, please state your name, file number and request, click here BVAOmbudsman@mail.VA.Gov

Or:

For your convenience the Board of Veterans’ Appeals has a FAX line. FAX: 1 202 565 4720

The phone option is superb and will also let you know instantly if you need to resubmit the rebuttal documents so that they can be included in your appeal. Keeping your congressman abreast of the claim is paramount. If they are involved, your claim will move along much faster. Keep in mind, not all Congressmen are so inclined. Consider involving your Senator(s) as well, especially if they sit on the Veterans Affairs Committee in Congress. We wish you the best of luck and a speedy decision and thank you for your unselfish contribution of your time to the service of our Great Nation.