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Appeal at Court of veterans appeal

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stillhere

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I have been away for quite a while (couple of Years) mean while I have had a couple of operations that tended to knock me down a few notches.

My appeal is at he court waiting on a ruling. My attorney filed my brief today so hope some kind of decision will come soon. I am hoping for a panel of judges to review my case and send it back to the board as a remand and set aside of their decision. Not real sure on my changes but my lawyer filed a very good brief on my part based mainly on my inability to follow their rules due to my PTSD and many disabilities already service connected for.

Good luck to all. Stillhere

Oh by the way I am still meeting veterans from Vietnam who have not filed and yet have DB2, heart disease and others that are covered!

 

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Stillhere----glad you came back to us-

YES a CAVC remand is Far better then a denial because a remand opens the claim up for more evidence.

I had a local vet who had two CAVC cases and a law firm who did not even read his BVA decision carefully.

I read it, did some research, went over his SMRs many times ( all handwritten)and asked him to get his private doc to agree with my lay medical opinion.

The private doc did ,after a little battle, with me, and didn't even charge for the IMO.

This was long ago, a local vet.

I also filed a NOD on the legal fees,with evidence,and gave personal testimony as to how I helped him,   and he never called me again so I assume the BVA did not award those CAVC lawyers  the fees  they claimed, when I was the only person- to include his dumb vet rep-( same one I had for a while who asked me to help with the claim) who ever took time to really look into his SMRs and medical situation.

There is a 5 point criteria any lawyer must follow to get paid from a CAVC case. I based the NOD on that.

 

His BVA decision held a medical word I never heard of before in the first paragraph ....I googled it and then I knew he would win his claim!!!!!

Sounds like your lawyer is on the Ball!

"Oh by the way I am still meeting veterans from Vietnam who have not filed and yet have DB2, heart disease and others that are covered!"

Yeah, we still see them here from time to time.....It is a disgrace that even when some of the VAMC docs and nurses KNOW they have a AO presumptive,and KNOW they were incountry Vietnam, they dont even suggest that they file a claim.

 

 

Edited by Berta
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Your Attorney will score a $13 to $18+k payday if your case is Remanded. Remands are the same as a win, as far as Lawyer Legal Fee Awards.

 

Semper Fi

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