Wings - you haven't asked for my opinion, so I figured you don't want it but I'm going to give it anyway and you can just ignore it, if you so choose. Personally, I think you should go to the court because I don't see the BVA giving you satisfaction. Alex always said he'd use Robert Chisholm, in RI, if he needed an atty. Once you file with the court many lawyers will contact you and you can request a waiver of the filing fee, which they generally grant. Also, if the attys win but don't get a monetary award(ie: remand) they are paid thru the EAJA. As I see it, the late 80's decision was final, because it was an administrative decision and therefore it is not a pending claim. They made an error as you had a honorable period of service, prior to the bad discharge, which they should've based your benefits on. The up-graded discharge or correction cannot be considered. Going to the court will most likely take 3yrs before a decision is made and you'll probably get a remand. I see 5-8 more yrs before you get a corrected decision. I'm sorry the VA is still jerking you around!!! You should not give up, ever, ever, ever !!!!!!!!!!!!!!!!!!!!! I still feel it's a winner and should bring enough retro to help pay for that house you've wanted. I have a question, tho, shouldn't the CUE rule that was in effect back then rule?? jmo
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