VA General Counsel Precedent Opinions

[Berta]

I am sure we have a link to them here but could not find it.

 

http://www.va.gov/ogc/precedentopinions.asp

Most VAOGC precedent setting opinions are incorporated into M21-1MR changes but that does not mean the VA will consider them, as they are written, so any claimant who has a legal issue would do well to see if the VAOGC has already resolved their issue , via an opinion, after a search of the VA link above, and they can offer a copy of the VA Prec Op as evidence.

I have a legal issue and VA refused to consider the VA OGC Prec Op regarding my issue.  

When I started to prepare my appeal, I found I had many pages of rhetoric and a long exhibit list all explaining the situation and I took the time to keep editing it all down.

The good part, when you do take the time to keep reviewing your appeals, is that to prepare an outline of the main points- based on the reasons and Bases of the decision

as these are really the only points you have to cover in the appeal, with evidence specifically geared to their decision and why it is wrong.

My appeal became less than 3 pages long and the sole  pieces of Evidence is the VA OGC Prec Op that proves my contention, 

a 2 page copy of a 1998 rating sheet, and a brief print out from the VA website itself,that supports the claim.

My last I-9 was a far different situation, a fairly complex medical issue that involved a long evidence list, but was resolved primarily due to 3 IMOs I had that my RO failed to consider....and as I mentioned here before ( this was my 2003 DMII AO death claim) it took me quite some time to word the claim properly because it was, in fact an additional 1151 issue I had but was filed for a direct service connected award.

If I had filed under 1151,it would have been denied because I already had proven 1151 death.I had to prove direct SC death.( DMII AO awarded by the BVA 6 years after filing the claim)

I found a good way to prepare appeals on the I-9 is to have an outline.(I have already posted here how I also develop war plans for claims... this is different than the war plan---

In 2003 I was in Military school and was doing outlines for every thesis I wrote,  after my daughter insisted I should re open my claim.

My USMC Professor demanded Perfection. It was hard work, but That is what he got from me, but I didn't want to even think about having another  claim the VA anymore.

Finally I did as my daughter suggested. She was right!

I realized an outline for a college thesis is the same as a good way to sort out your thoughts for the I-9

It means starting out with the exact reason the decision is wrong, using the VA's words directly from the decision. Paragraph # 1

Hit them right away with your evidence,that proves they are wrong  referring to it as A,B, C, etc and list it on the evidence list you send in with the I-9.

Paragraphs 2, 3, etc.

Conclude the appeal by adding any other regulations or records they overlooked or misinterpreted.

Then put it all away for a few days....because every time you give it a fresh look, it will start to shape itself.

Leave out the negative stuff about the VA. The BVA knows how inefficiently our claims are handled by the VAROs.That is why their backlog is so large.

And try to keep the appeal as short as you can,sticking to the main points in the reasons and bases that are wrong.

As far as I know , when BVA dockets a case, you will always have time, before they make their decision to send in any other probative evidence you might have uncovered.

I collected probative evidence during the entire 6 years my DMII AO death claim took and even after the award came I was still in the evidence seeking mode (and even found more)

(sorry this older post below in is this reply, it kept popping up and I cant delete it.)