Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

ronfradkin

Seaman
  • Posts

    5
  • Joined

  • Last visited

Everything posted by ronfradkin

  1. --------------- All I can think is that a quick denial from the RO means you can appeal to BVA that much sooner, where you may have a better chance at prevailing. I always assume the RO is going to deny a claim.
  2. Thanks Berta. There's one other point of which you reminded me, that hit home only with this most recent CAVC decision. Besides additional evidence, with remand to the BVA it's also possible to submit additional argument. After so many appeals, I have gotten into the habit of reiterating all my arguments anyway. But as noted in Best v. Principi, 15 Vet.App. 18 (2001), the Court renders its decisions on the "narrowest possible grounds," which means that they are not required to address every issue raised in the appellants' briefs. As the Court observes in that case, "A narrow decision preserves for the appellant an opportunity to argue those claimed errors before the Board at the readjudication." In other words, the appellant needs to present those issues to the BVA upon remand, thus triggering the Board's obligation to address them, as well as to preserve those issues for appeal to the CAVC if the claim remains denied after remand.
  3. Hi folks -- I just won another BVA remand from the CAVC, representing myself. This is an effective date appeal, submitted in 2002. This is my second time at the CAVC, so I have a good idea what to expect. I'm happy to share what I know; if anyone's interested, feel free to email me. I wanted to share a couple of lines from the Court's decision, that I thought might be of interest: "Not only is the Board's analysis incomplete, it appears to be factually incorrect and internally inconsistent with earlier descriptions of the available evidence" "Notwithstanding the clarity of the pro se appellant's arguments, the Board, in the decision on appeal, has again failed to adequately adjudicate the scope of the appellant's 1971 claim" I expect that these reflect a common problem with the BVA that others may find familiar -- the inadequacy of the "reasons and bases" section. Good luck to all with your appeals!
  4. I appealed my Service Connection claim to the CAVC, argued the case on my own (pro se) and the Court ordered remand to the BVA. The Court order provides that I can submit additional evidence and argument to accompany the remand, but provides no detail about that. I have searched the CAVC rules as well as parts 19 and 20 of the 38 CFR, and the NVLSP Veterans Benefits Manual -- but I can't find any specifics about how or when additional submissions can be made. I phoned the BVA and they tell me they will notify me prior to adjudicating the remand, to let me know about submitting additional material -- but without something in print to back it up (such as court rules or CFR regs), I don't trust what they tell me on the phone. Do you have any ideas about where else I could look, or who to call for the definitive word on this?
  5. Without addressing the specifics of your claim, my advice is: when in doubt, appeal. Whatever happens, do not miss your appeal deadline. Evidence, medical documentation and such can be obtained after you file your claim or appeal. You have nothing to lose; it costs nothing to file a claim; the worst that can happen is the VA will say no -- in which case, appeal again. Bear in mind, even though claims take forever to be approved, the effective date is the date of the claim -- meaning whatever benefits to which you are entitled are retroactive to that date.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use