Regarding my claim, VA violation of 1722a, I have been advised......
In the United States Court of Appeals for Veterans Claims. 7/11/2007. "James Nicholson Secretary of veterans Affairs respectfully moves the Court to vacate and remand the march 13, 2007 decision of the Board of veterans Appeals..."
"The file was not received or logged at the Hines VA Medical facility and moreover, was not returned to the VA Madison medical facility. Upon discovering the file was lost, the file was re-built by the VA medical facility...Appellant’s file was lost and has been re-built, as such, the evidence necessary for effective judicial review...is now only available in the re-built file...the original file relied upon by the Board [CAVC] in rendering the decision on appeal is no longer available for the parties and the court,....the Secretary cannot use the re-built file because the Board [BVA] did not rely on that file in rendering it’s March 13, 1007, decision."
"Therefore, the Secretary respectfully moves the Court to vacate and remand the March 13, 2007, decision, in order to allow the Board [BVA] to re-adjudicate Appellant’s case with the re-built file."
Now, the good news part of all this, as advised by legal counsel handling veterans‘ claims, “I have to admit, this is unique, in a good sense for you.,, The VA has asked the Court to remand your appeal to the BVA to make a new decision regarding the co-payments. This, in effect, is a win, although ...The only remedy the court issues, with only a rare exception, is a remand. Reversals (an outright win for the appellant) can be counted on one hand on an annual basis. So this is what we believe would happen anyway, only it would be a year or so down the line.”
So, I say to all that have been following this 1722a issue, is, let’s go with the good news feeling that I got out of this. Although, while we wait this out, illegal co-payment over-charges will continue for thousands, upon thousands, of veterans. I will keep you advised.
38 USC 1722a Vacated and remanded.
Regarding my claim, VA violation of 1722a, I have been advised......
In the United States Court of Appeals for Veterans Claims. 7/11/2007. "James Nicholson Secretary of veterans Affairs respectfully moves the Court to vacate and remand the march 13, 2007 decision of the Board of veterans Appeals..."
"The file was not received or logged at the Hines VA Medical facility and moreover, was not returned to the VA Madison medical facility. Upon discovering the file was lost, the file was re-built by the VA medical facility...Appellant’s file was lost and has been re-built, as such, the evidence necessary for effective judicial review...is now only available in the re-built file...the original file relied upon by the Board [CAVC] in rendering the decision on appeal is no longer available for the parties and the court,....the Secretary cannot use the re-built file because the Board [BVA] did not rely on that file in rendering it’s March 13, 1007, decision."
"Therefore, the Secretary respectfully moves the Court to vacate and remand the March 13, 2007, decision, in order to allow the Board [BVA] to re-adjudicate Appellant’s case with the re-built file."
Now, the good news part of all this, as advised by legal counsel handling veterans‘ claims, “I have to admit, this is unique, in a good sense for you.,, The VA has asked the Court to remand your appeal to the BVA to make a new decision regarding the co-payments. This, in effect, is a win, although ...The only remedy the court issues, with only a rare exception, is a remand. Reversals (an outright win for the appellant) can be counted on one hand on an annual basis. So this is what we believe would happen anyway, only it would be a year or so down the line.”
So, I say to all that have been following this 1722a issue, is, let’s go with the good news feeling that I got out of this. Although, while we wait this out, illegal co-payment over-charges will continue for thousands, upon thousands, of veterans. I will keep you advised.