Single Status Update
HELLO MRS. BERTA,
I THANK YOU ALL GREATLY FOR YOUR GREAT WORK!!! I CAN'T THINK ANYMORE, NO STRENGTH I AM TIRED OF FIGHTING THIS LONG BATTLE, I WILL HAVE TO GIVE IT INTO THE HANDS OF A LAWYER. I HAVE MADE SOME SMALL MISTAKES IN MY LEGAL ARGUMENTS TO GLUE IT ALL TOGETHER. RECEIVED A SSOC FROM THE DRO.
"I read your decision. Here is my opinion/analysis:
They stated there is no CUE, and I "probably" agree that is correct. However, there is "more than one way to skin a mule".
You have submitted "new and material service records" which they acknowledged. Under 38 cfr 3.156 c, this should yield you an earlier effective date.
I think you should send a letter to the BVA amending your I9 to include reopening due to new and material evidence, and an earlier effective date therof.
This decision is in error, as the VA has a duty to maximize the Veterans benefits, and this did not do so as it did not include reopening the claim due to 38 cfr 3.156c or 3.156 b, as this is a pending claim.
In summary, this isnt cue, but should yield you an earlier effective date under 3.156 c or b, as this is new evidence."
"From what I read, your SSOC continues the Original Denials that became Final back in early 90's based on the DRO Evidence conference and De Novo review you opted for on your 2017 BVA Remand. It also appeared that the possibility of a CUE Claim was taken off the table.
If I've got this correct, you're currently 100% SC with no SMC Awards, right? Was your BVA Appeal a DIY or did you use a POA VSO?
I may have missed it, what was your BVA Docket Number?
You might consider giving the Pro Bono, Vet Legal Consortium in DC a call regarding your Appeal. CAVC might be your only option"
I AM BURNED OUT!