THE NEW APPEALS MODERNIZATION ACT…AND MORE

When we hit Nashville for the NOVA conferences 20-23 March, I actually though I had a good handle on the AMA layout. Well, ‘not exactly’ as they say over at Rentawreck™.  So, since the time we walked out of there, I’m still somewhat disflusticated as to whether I heard all that co-reckly.

Here’s the take. I compared it to a Mobius loop for the 4/11/2019 Hadit.com Blog talk radio show yesterday with Jerrell Cook. As promised. I’m going to draw one out here and then put in the dotted lines to connect all the possible combinations. Remember there are two forks of three paths each. Well, except for the fact that you can jump around like a hoarder in a flea market and go whither thou choose. Confused yet? Okay. I relent. here’s the Rand McNally roadmap.

First of all, as long as you meet all suspense dates, you can technically keep your original effective date forever or until you lose at the CAVC or the Fed Circus. Thus you lose at the SLR and then the HLR. You file your NOD to the BVA and get your front teeth kicked in. You then discover you needed a nexus/IMO all this time and get one. You go back to the Supplemental Claims Lane and begin again… but… with the original filing date. How  cool is that?

Now for the insanity. You put in three claims. Each one can have a certain path depending on denial or a desire for a higher increase. The problem is elementary. How do you present or provide evidence for a higher evaluation for a HLR? You can’t. You cannot submit squat in a higher level of review.  Your only option is to go to the BVA or back for a do over in the SCL venue. This eventually devolves into a game of being able to manufacture N&RE in vast quantities and hoarding it to insert as necessary.

I personally think the kicker is that you can  make a u turn after the BVA loss and begin anew at the SCL with more evidence and keep you filing date. As usual, we’re going to learn by error. My attitude about the HLR Lane is decidedly negative. I’m pretty sure it will be a “What part of ‘no’ don’t you understand, sailor?”

And boy howdy, if you even thought the BVA was more constipated than a sailor on a desert isle with a pallet of American cheese right now, well… you ain’t seen nothin’ yet, honey. This is going to be a fustercluck of epic proportions. They have 600,000 Legacy claims still sitting there.

So, in review, there are no more RAMP claims. They ceased on February 14th, 2019 at 1630 Hrs Local. On February 19th, 2019 at 0800, we commenced the new AMA. If you have a Legacy claim, you can keep it. I know that lead-in sounds suspiciously like the Obamacare promise but it’s true. You can drive your Legacy to the end and take it to the CAVC. Or….the moment the VARO issues you a SOC or SSOC, you can opt in to the AMA and go to the BVA for one of the three choices I discussed above. It’s a smorgasbord of choices-sort of a mix-and-match or a salad bar.

Most of my clients are very ill so I try to get Travel Board hearings whenever possible. If the schedule is too crowded, the option is there to go to DC and do it at 810 Yellow Brick Rd. NW. All my folks are in the Tidewater region anyway so it’s six of one and half a dozen of another. Kill two birds with one stone.

Posted in Appeals Modernization Act, BvA Decisions, Humor, KP Veterans, NOVA Attorneys, VA Agents, VA Attorneys, VA RAMP, VA suspense dates, Veterans Law | Tagged , , , , , , , , , , , , , | 11 Comments

HADIT.COM RADIO SHOW–THE AMA–A MOBIUS LOOP?

Sorry I have been remiss but it seems VA has been bery bery productive in cranking out denials. Jez, wait until I opt in to an HLR. In truth, I’m ecstatic that some of these came out post-February 14th. I don’t have to tangle with the Jackson, Mississippi negative Nancys now. 

Tomorrow, the Good Howard willing, we’ll do a radio show with Jerrell and John. The same old Bat Time and Bat channel of course- 1600 Hrs on the Left Coast and 19oo on the Least Coast.

The subject, of course, will be the new Appeals Modernization Act. I’m sure they call it Ahmah by now at the ROs. Come on. If they call the D R Os  Droze, you know they weaponized it by now. How about Seeler for a suplemental claims lane or Heeler for a Higher Level of review. Shot, we out to call up the VA prize redemption line and discuss it with the VA’s “technicians”. Can you imagine walking into the VFW to see you service rep and asking “How’s my Heeler coming?” Chances are they’ll rename them into an intelligent-sounding acronym.

Pickles whelped 2/15/2019

We’ll talk about these interesting subjects, my new dog and more tomorrow. Imagine being able to jump from the RO denial to a BVA NOD. Better yet, imagine jumping from a BVA denial back into the Supplemental Review Lane and grabbing a SME IMO and managing to keep the same effective date. Is this crazy or what? I’m sure their Honors at the CAVC are praying Vets do so.

Enjoy life as best you can until tomorrow afternoon, kids.

The Call in Number is still the same

347-237-4819 (push #1 to talk)

 

Posted in Appeals Modernization Act, Humor, KP Veterans, SVR Radio on hadit.com | Tagged , , , , , , , , , , | Leave a comment

NOVA–THERE’S NO BUSINESS LIKE VET BUSINESS

Cupcake- Spring Toga 1981

Just as Spring approaches and everyone is planning their Toga Parties, I, and other like-minded Veterans Advocates descend on the Spring Conferences. What? You guys don’t do Toga Parties? How utterly uncivilized. At the NOVA conferences, we learn new tricks on how to set up blind ambushes, invisible Punji Pits and the proper deployment of assets. How fun is that? Well, probably way less funner than  going to WallyWorld™ for most Veterans. So much to learn. So little time. Having an F4 Metavir Score is not to be confused with being a Chicken Dinner Winner so I want to make the most of what I have left. 

Imagine being given a Super Power like Capt. America or Thor. Well, that’s what the VA Power of Attorney is. It’s like walking in and flashing your badge. Whoa there, cowboys. Not so fast. Did you Miranda him? Didn’t think so. May I have a moment alone with my client?

Then imagine getting to do this for Veterans. Is that too cool for school or what? Shoot, if I could clone myself and teach others, we could spread out across the fruited plains and wipe the VA out financially. I know. That’s counterproductive if you’re a bona fide tax-paying citizen but if you want to dress up like GI Joe and go play in someone else’s sandbox, there’s bound to be collateral damage. Appropriating funds for disability compensation should go hand-in-hand with 5.56 and 7.62mm procurement. Since they never do, the Govt. has enabled VA to “underserve” us. But… they forgot to plug the slot in the complaints box. In 2007, Congress allowed attorneys to stick their noses under the litigation tent . This also created a niche enterprise that allows non-attorney practitioners and VA agents to engage in H&I from 0800-1630. Seriously, dude. You get to dress up like Perry Mason and have all the same super powers given to someone with a shiny new Juris Doctorate-along with a crushing student loan of $225,000 @ 12% interest. Boy howdy. Like Beto O’Rourke said yesterday, “Man, I was born for this job”.” Ten years ago, I spent 58 days in ICU. They nicknamed me Mr. Defib. I had no idea you can still hear them when they yell “Clear!” Weird, huh?  I’m ready for this, now. I even have my own defib unit on-board, too. Gee, I wonder if I’m supposed to yell ‘Clear’ when it goes off. Not likely. I’ll be doing the chicken at 30,000 joules. Chances are I won’t be saying shit either.

You don’t have to belong to NOVA to go to these conferences. If you just wanted to attend as an observer or student, they have a special rate for that, too. The more advocates we have, the more Veterans we can help. There are three million plus Veterans out there with disabilities ranging from 0% to 100%. Trust me when I say they are not being served very well under the existing system. To me, the crime is no one at VBA is proactive-even at  VHA hospitals – unarguably the first line of encounter for gravely ill Veterans. There ought to be a huge 14-point type at the top of the intake form that says:

PLEASE FILL OUT THE FOLLOWING BELOW

  • Would you like to apply for benefits today?                               [  ] Yes    [  ] No
  • ”                              ” establish an informal claim at this time? [  ] Yes    [  ] No
  • If already service connected, is this related to it?                     [  ] Yes     [  ] No
  • Do you have a VA representative?                                               [  ] Yes     [  ] No
  • Attorney  [  ]     Agent [  ]    VSO  [  ]   Next door neighbor  [  ]
  • Should we contact him or her?”                                                   [  ] Yes     [  ] No

I’m finally beginning to notice more folks are capitalizing the word Veterans as they should have long ago. I certainly hope that will be the norm before I pass. Thank you- all of you- not just the VA and some of their incredible CMA employees. I want to thank all of you who allow me to help you. It’s a wonderful feeling and a great honor to be entrusted with such a task.

And lastly, that burning queshun on everyone’s lips.

Posted in 2019 SPRING NOVA Nashville., All about Veterans, CAVC Knowledge, Complaints Department, Future Veterans, Humor, Important CAVC/COVA Ruling, Inspirational Veterans, KP Veterans, Lawyering Up, NOVA Attorneys, Tips and Tricks, VA Agents, VA Attorneys, vA news, vARO Decisions, VARO Misfeasance, VBMS Tricks, Veterans Law, VSOs | Tagged , , , , , , , , , , , , , , | 1 Comment

asknod MENAGERIE + ONE

LZ Grambo will have a FNG after we get back from Nashville NOVA. Cookie (I prefer Pickles) will be weaned o/a my birthday on 4/01. We will be bringing her home then. She’s a silver Lab Retriever and loves my earlobe. 

Ladies and gentlemen, meet our new baby.

Don’t let those eyes fool you. She’s going to be vicious.

Posted in All about Veterans, Humor, KP Veterans, VA Agents | Tagged , , , , , , , , , | 14 Comments

2019 NOVA–I KNOW… IT’S ONLY VA LAW BUT I LIKE IT.

“Would ya think the boy’s insane?… He’s insane.

Yes, kids. About this time every year, I have to seek warmth for my Lumbago and my tired soul. Cupcake is my caregiver. This year the doctor prescribed a two-day dose of Nashville Tennessee for my NOVA Continuing Legal Education , or CLE “credits”. Yep. You read that right. Sounds like something  lawyers would dream up. Learn law and enjoy good single malt scotch. Meet Jedi Masters. Always husband your resources and your assets. Learn about your AO from others’ experience. I’m more a Rolling Stones guy but Country is Cupcake’s cup of tea. I expect she’ll pack her cowboy boots.

The Spring Solstice NOVA is two parts learning, one part socializing and one part networking. There’s always lots of business cards flying around. There’s usually a CAVC Judge in attendance. It’s a hoot. You actually learn things or at least the why of things. With VBMS access, you really only get an insider’s view of how VA thinks-or forgets to. At a NOVA conference you meet others who encounter similar situations and react differently.  VA sends their USBs, Directors of C&P or the BVA’s Head Honcho VLJ who regale us with tales of unicorns and gold at the end of the rainbow. Being civilized, we refrain from calling each other names.  I notice the VASEC has never darkened NOVA’s door yet. This year it’s VLJ Cheryl Mason, Chairman of the BVA and David McLenachen, the director of the Appeals Management Office (AMO), formerly the AMC (and a wealth of other names like the Black Hole. or the Maelstrom of Edgar Allen Poe fame).

I nabbed a few pictures of the hoedown from the Sheraton’s site so I’m not purloining them for fun or profit. Pretty fancy but the chow hall is on the roof ? Arruuhh?

The best part is for last. After the conference, Cupcake and I are driving down to Georgia.  We’ll finally get to meet Dustoff Bruce “Almighty” McCartney and my good friend Shirley Medders and her family.

Check this one out…

 

P.S. Here, Vicki. Judge Davis in 2017 in San Antonio. I ‘d guess it will be one of the new ones. I’d give my eye teeth to meet my three-time  CAVC Greenhouse Ex Writ Judge  (Bartley). She’s NVLSP old school like Amy Odom and Bart.

Posted in 2019 SPRING NOVA Nashville., All about Veterans, KP Veterans, NOVA Attorneys, VA Agents, VA Attorneys, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , , | 5 Comments

BVA–MORE DECISIONS…AND BE QUICK ABOUT IT, MIND YOU.

Ah, St. Nicholas est mort. We poor naive Veterans have been cheated, been mistreated, and just when we think Congress has finally heard our plea, we discover we didn’t get what we paid for… again.   Not only that, we-that Veterans group that can now file class action suits-  are being led to the gates of the BVA on a high-speed path to slaughter adjudications. Read on.

My good friend, former BVA Veterans Law Judge BJH, now a distinguished attorney in private practice with some of the keenest minds in the Veterans litigation world (CCK), sent me these links this morning. I found it on Google news about 8 minutes before I  began examining his email tea leaves and chicken entrails.

Say it ain’t so. Well, it merely confirms what a Court of Veteran Appeals Judge said about a decade ago that it appeared at least 75% of all BVA decisions were in error requiring remand or reversal. VA has an interesting way of “witching” statistics. In the instant case here, claiming 94% accuracy is fools gold and unfounded. 98% is right out.  I’d compare it to my first wife. She was obsessed with being skinny but loved the carbs. This led to some creative baseline measurements from which future increases were computed against. Git that?

How about if someone (like your spouse as an example) is down at the beach with you and said ‘I weigh 3 lbs less than I did when I first went on the two-week diet to slim down 10 lbs. a month ago’.  Quite obviously, my first big mistake was to attempt to figure how you divide a two week diet into a month. The second one was to open my mouth and use it to vocalize words instead of breathe in deeply….”So, how much do you weigh now?” The answer was “Well, I still have four lbs. to go.” Have you ever heard that rattle on a big ol’ 8 year-old sidewinder just before you step on it… in the dark?  The feeling of the ground starting to give down under you into the Punji pit?  Yep. 4 lbs. That’s the magic number. You just accept the statistic and move on. Nothing to see here, folks. Just some ordinary BVA statistics. Move along.

For years, Under Secretary for Benefits Allison Hickey assured us that the new 125-day miracle Fully Developed Claim (FDC) had an unparalleled, shiny 98% accuracy. See the similarity? Speed. Efficiency. Guaranteed results-but notably never so much of a hint of blowback from a DRO review, the BVA or the CAVC. If you remove ‘error’ as a setting or default, the success statistics come up dramatically, too. The operative word here is “rework” as in “The BVA returned it to us with a rework order. CEST  (Claim ESTablished)it with a EP 020 (new claim).” See? 98%…eventually. Or hell, just call it a new claim!

A year or more ago, Judge BJH told me he was being tasked with churning out 1.5 claims per day based on a five day work week. Before he left, this requirement was creeping up to contend with the 600,000 + backlog developing. Whether it had reached 2 or 3 decisions per day is immaterial. The new metric, with the exact same number of 90 Veterans Law Judges, will be tasked with producing 25-30 completed decisions per week with no corresponding increase in staff attorneys. Boy howdy does that just piss all over employee morale. Reminds me of that Lucille Ball vignette working in the Bon Bon factory. Better yet, it also conjures up visions of a huge, 25-oar Roman Trireme Warship rowed by slaves and some dude with a bull whip. The USS Vermont Ave. NW.

 

Well, anyway, here’s the wild and woolly story of how bean counters can make an elephant disappear up it’s own derriere.  Either that or the BVA Empress is clothed in invisible finery.

The Hill:

https://thehill.com/opinion/national-security/432196-when-the-va-misrepresents-performance-veterans-suffer

Quality Review of Mass Adjudications:

https://dho.stanford.edu/wp-content/uploads/bva-main.pdf

And Stanford Law Review- Due process and Mass Adjudications: Crisis and Reform

https://dho.stanford.edu/wp-content/uploads/CrisisandReform.pdf

If we weren’t shaking like a leaf on a tree before, we ought to consider taking a Protein Pill and putting our helmets on. This is going to be bumpy. I joked that they may need about 39 CAVC Judges pretty soon. I think I may have underestimated. One thing’s for sure. Pretty soon, them fellers are going to need a far bigger Courthouse than the 9th Floor of 625 Indiana Ave. NW. Come to think of it, valet parking would be nice, too.

 

Posted in All about Veterans, BvA Decisions, BvA HCV decisions, BVA records tampering, BVA Referrals, Complaints Department, DRO and BVA Hearings, KP Veterans, VA Agents, VA Attorneys, VA statistics, Veterans Law | Tagged , , , , , , , , , , , , , | 2 Comments

INDEPENDENT MEDICAL OPINIONS–WHO, WHAT, WHERE, WHY AND WHEN

Once I discovered the recipe to VA claims, I set out to teach others. I started this website in 2008 expressly for that purpose. I have taught, and discoursed endlessly on the need for a true, well-constructed Independent Medical Opinion (IMO) to support your VA claim(s). The earliest warning we had on this was handed down in Caluza vs. Brown back in 1994. The CAVC finally enunciated the three prime ingredients necessary to prevail. Numerous decisions since (Shedden, Hickson etc.) have reaffirmed and expanded the language but the premise is still basic. You need three things-1) a disease, injury or exposure to a risk factor while in service; 2)  you need the same problem now, or what we call chronicity; and 3) a medical professional to state that #2 is related to #1. In this business, we call it an IMO. Granted, if you have a Purple Heart, you usually don’t need an IMO for an increase on the damage all the shrapnel caused or the injured musculature. But then, again, with VA, maybe you will.  

Nevertheless, there seem to be quite a few of you who are still confused on the where and the why. I have had Veterans come to me with the “Okay smartypants. How come I lost ?” -swearing they had the three magic coins. A hundred bucks says I can figure it out blindfolded. You tried to win at VA poker with two pair and they’re holding three-of-a-kind. You could get away with that until the VA began saying “our dude reviewed all the records-including his contemporary STRs from service. Therefore our medical expert’s opinion is far more probative and better.”  I’ve seen VA say that even when all the “STRs” they actually held were dental records. Vets get what they think constitute IMOs that say “probably, its’possible, couldabeen, it’s not unheard of, my Uncle Earl had the same thing and it was caused by that too” or the best- “I’ve never heard no one say it wasn’t caused by ________. IMO language is an art form. What is said must be perfect. What isn’t said can destroy the IMO’s probative worth. Worse, your doctor doesn’t know how to write it so that it will win the claim. Doctors do medicine. They don’t teach it or study it. They find out the cure and apply it. Knowing what caused it isn’t as important as how to fix it.

Now, we’ve learned to conquer that VA trick by filing a FOIA for a copy of our claims files and letting our truly independent doctor(s) “review” them too. You’re never going to get  your own VA-employed doctor to crank out a winner. Don’t waste your time trying. In 2010, VA told the VHA to do it’s job. Treat the Vet. You do not need to opine on causation to treat. The job of causation is the realm of the VBA and will remain there. VA examiners are far more savvy and have access to the big picture-the claims file. The VHA does not.

I have frequently updated the widget entitled Nexus Bible above but let’s delve into this more deeply. Each time we discover the reason or rationale for why VA denies us, VA trots out a new system or wrinkle that results in a new denial tactic. It’s time for a new review of their procedures and how you can go on the offensive and prevail far sooner in a win. I’m not going to invite you to a free dinner and try to sell you my technique. I’m too busy helping Vets. I’m going to reveal the latest trick I’ve invented. That’s not to say I invented it. I just happen to be employing it now with the latest revision to our appeals Modernization Act also nicknamed RAMP or AMA.

What a Good IMO Consists Of 

Any IMO you  submit must have certain ingredients. I’ll summarize the checklist.

1)  You need an intro that the doctor isn’t your next door neighbor. He has to say he’s not going to share in your winnings and wouldn’t know if you if he met you on the street.

2) He has to state in no uncertain terms that he has reviewed a copy of the claims file dated xx/xx/xxxx  as well as other medical records from _______, MD and _____, MD. dated xx/xx/xxxx, lab reports and your best friend’s buddy letter.

3) He must explain he is independent, very knowledgeable in this particular field of medical inquiry regarding causation (oncologist, psychologist or whatever), and capable of presenting a well-reasoned logic for why his particular theory is the most compelling. He must use peer-reviewed cites of other studies confirming his theory with  real footnotes – not Wikipedia shit.  God, anybody can insert their ideas into Wikipedia. It is not a valid tool to support your claim.

4) Finally, he must use the magical incantation that it is his considered opinion “that it is at least as likely as not/as likely as not/more likely than less likely/most likely”  Johnny Vet got __________ when he was in the U.S. Army/AF etc.” Docusign is acceptable but kinda cheesy.  Last but not least, is the curriculum vitae(CV) of the author.  A CV lists every job this M.D. author ever had doing medical stuff. It will state pretty much that most of his/her work was in the same field of the particular illness/cancer/disease/injury s/he’s talking about.  A good CV would be three pages.

Remember, VA’s  local ARNP/VA examiner opinion isn’t even going to have as much smack as a real oncologist or psychiatrist. A Veterans Law Judge (VLJ) is going to look at that. Sometimes, if you do not have an IMO, the VLJ will order a new one.  VA may even try to pass off a proctologist or a podiatrist with an MD after their names as a noted authority on glioblastomas. CVs? We don’t need no stinkin’ CVs. We’re the VA. This is why you want to get that IMO in front of the Judge personally. You want to point out an ARNP is like two pair and your IMO is like a full house.

Here’s a good sample that won.

Johnny Vet Filed IMO to BVA 1-8-2018 redacted

IMO Timing

Having the correct IMO is just part of your game plan. I’ve had guys with  “workable” IMOs who deliver them with their introductory claim. I get that.  If you file 20 years after you get out, you’re gonna need a killer nexus. Submitting the IMO  at the beginning sounds pretty logical but here’s the problem. VA operates on ex parte justice. You file, they deny. You appeal. Remember Mohammed Ali? He talked of how he was going to beat Sonny Liston  before the fight. He explained his technique as “rope-a-dope”.  He let Sonny chase him and whack at him. He  just folded up and bounced into the ropes and the ref would have to break them up and move them back into the center of the ring. This rope-a-dope game exhausted Sonny and Ali came back to whack him good. This is what you’re going to do if you follow my advice. Lawyers and agents are well acquainted with Maxson vs. Gober (2000) .

The New asknod Technique

Go ahead and file with nothing. File your 214. File a doctor’s notes that say you have asthma or a bum knee.  You don’t need no nexus, senor. Not yet. Get that effective date established pronto. Check that box on the 526EZ that it’s a fully developed claim (FDC) just for shits and grins. Go out and buy that IMO and put it in the fire safe.

Okay. You get the c&p(s) and if all goes well, you get your denial in 125 days or less. If this happened on or after February 19th, 2019, you are a Chicken Dinner Winner now. Under the new system, you can file your Notice of Disagreement (NOD) directly to the BVA where real law exists. I told you earlier above that VA uses ex parte justice.  Well, here you go.

You now go get out the IMO and present it as new and relevant evidence at the BVA pertaining to the denial of your claim at the David Koresh Memorial Regional Office back in Wacko, Texas. If you’re planning on giving your house an all-over remodel from stem to stern and aren’t too worried about time, you can ask for a Travel Board hearing. Those take time to schedule. If you’re in a hurry, I’ve gotten over that hearing backlog crap by simply flying back to DC with the client and doing it there at the corner of Delay St and Deny Ave. NW. That’s certainly not cheap but it’s the asknod results-oriented napalm technique. They’re about three months out on a Face -to-Face for an hour with the VLJ who will decide it. No video cameras 10 feet away from you. This is ‘Fix Bayonets!’ distance- four feet away from his/her honor.

If you try to take the new supplemental path with a brand new IMO after  the denial and fight this out at the local Fort Fumble, you’re in for a stonewall at first. The Appeals Management Office (AMO) sits on these IMO-answered Legacy appeals and tries to figure out a way to deny them. I sent out a few and VA still has them boxed up  for close to ten months now with no action up or down. They’re all at the AMO.

Now, with the advent of the new appeals path directly to the BVA, I’m praying my Veterans will finally get real, timely justice based on facts and law and not some computer algorithm in the M 21 that computes the denial and how to rationalize it with 38 CFR. Remember, the M 21 is not law. It’s an assembly guide like the one you get from IKEA with your bookshelves or table. The BVA Judge is going to tell you they do not accept legal arguments based on M 21. Build your arguments on 38 CFR. Leave the M 21 cites and the crayons at home.

Timing Is Everything

My philosophy is simple. Present an IMO too early and you give VA time and the ammo to beat your IMO. Remember, ex parte justice is nothing more than getting the last word in. If VA commits at the beginning as to why they are denying you, your rebuttal IMO must defeat their presumptions. That makes it easier if you know why you got denied. Similarly, if you put down your IMO at the beginning, you just give VA plenty of time to figure out how to poke holes in it. You’ve used up all your IMO ammo at the beginning. That’s why you want to play VA rope-a-dope. This is a recipe- just like baking cookies. You don’t begin to heat up the oven when it’s time to put the cookies in.

The new 2019 RAMP/AMA program allows the BVA to issue a SOC if your appeal has no wings. Then it advances to the Judge just to keep all this street-legal. BVA Option #3 actually mimics the old Legacy appeal to a ‘t’  but bypasses all the chucklehead VA examiners at your local Puzzle Palace. You can even nail it down at the BVA with a Motion for Waiver of Review of New and Relevant Evidence back at your local RO. The lowest this will go is to the Appeals Management Office (AMO) for a legal tuneup.

Why Go to the BVA?

Welcome to the 21st Century, folks. Congress heard our complaints about how long it takes. They think, and VA thinks, claims will speed up here in Unicorn country. One thing few know is the  BVA needs, and wants to, drastically up it’s production output. What better way to accomplish this than a gift-wrapped present of an appeal complete with IMO? In VAland, one bummer IMO from VA against you versus one private IMO by a noted medical specialist equals a draw or a tie. Since the tie goes to the Veteran, you win. The VLJ is under the gun to crank these out. You’re giving him half his workload for the day with all the heavy lifting already done. If the IMO is solid and doesn’t involve alien abduction as the risk factor, you’re in high cotton. If you’re a doctor with an IMO factory and everyone at VA knows your name, this doesn’t work very well. Just sayin’…

The bad news is my new win technique will work for several years until VA finds a new way to deny us. The good news is we always find a new technique. It’s like trying to outwit zombies-entertaining but hardly challenging.

And that’s all I’m gonna say about that.

Posted in All about Veterans, KP Veterans, Lawyering Up, Tips and Tricks, VA Agents, VA BACKLOG, VA RAMP, VBMS Tricks, Veterans Law | Tagged , , , , , , , , , , , , | 12 Comments