How Do I Ask For A Full Court Review

[mos1833]

the court of appeals,made a panel decesion on my claim, denied

my lawyer is on vacation,or a long holiday. not much good any way.

they posted their judgment on 1-4-2013

i want to ask for a full court review-- what have i got to do ?

do i need new evidence ?

iam so confused and worried about the time limits for file ing.

thanks

[Berta]

11-2847

In part:

“This claim hinges on whether Mr. XXXXXXX can establish that the Board erred
when it found
that his lay statements about continuous symptoms of back pain since
military service were not
credible. See 38 C.F.R. § 3.303(b) (2012)

In this case, the only evidence of continuous back symptoms are the
statements of Mr.
Nunley and his family, asserting that he has experienced back pain since
his military service. R. at
1139-50, 1495-96, 1499. Mr. Nunley states that he did not seek treatment
for these symptoms until
1979 because he is afraid of doctors and had no health insurance. He
states that he self-medicated
for his back pain until he sustained additional back injuries at work in
1979, when the pain became
too great to bear and he finally saw a doctor. R. at 1143-44; see Savage v.
Gober, 10 Vet.App. 488,
496 (1997) ("ymptoms, not treatment, are the essence of any evidence of
continuity of
symptomatology."). The Board found that these statements were not credible.
R. at 21. “

Has your evidence grown beyond lay statements since that decision?

[mos1833]

well my lawyer is droping me , he says my claim cant be won.,,,, but i dont wont to drop it ..whats my first step.i dont want to appel to the next court. i want to ask for a full court review. he also says i can open a new claim, thanks to all.

[Philip Rogers]

Your problem appears to be evidence. The only evidence you have is you and your family's statements, which they probably feel are biased. In addition you had another injury, in 1979, after the service. You need more probative evidence, if you ever expect to win. Just because "you want" a full court review doesn't mean you should get one. I'm not trying to depress you but I just don't see it getting anywhere as is. jmo

pr

[mos1833]

thanks philip. i probably know what to do . iam just grasping at straws. and i dont even know how to try and re-open or file a new claim for the same thing.

[deanbrt]

I new claim may be your best avenue but you need supporting evidence, such as an IMO.

[mos1833]

thanks deanbrt , when can i file a cue , or is it to late.