.desperally In Need Of Advice

[JSM754]

I was granted my Motion for Reconsideration of a BVA Decision, which I'm told doesn't happen very often. Does anyone know what my chances are that the OBVIOUS ERRORS found by the RECONSIDERATION Panel will get corrected????

[Berta]

If they grant the Motion that is one thing-and a big mountain has been crossed-but now they have to grant the claim-

Was this a Motion to reconsider a CUE you called on a past BVA decision?

Or to reconsider a VARO decision?

WHat did the letter say the BVA was going to do- send it back to the RO?

Can you blot out the personal stuff (then again these BVA decision are all public)

and scan it and attach it here for us to read?

[JSM754]

If they grant the Motion that is one thing-and a big mountain has been crossed-but now they have to grant the claim-

Was this a Motion to reconsider a CUE you called on a past BVA decision?

Or to reconsider a VARO decision?

WHat did the letter say the BVA was going to do- send it back to the RO?

Can you blot out the personal stuff (then again these BVA decision are all public)

and scan it and attach it here for us to read?

[JSM754]

Thank-You responding. The Motion was for Reconsideration of BVA denial. CUE is very hard to prove and you have to be on point. I argued "Errors of Fact or Law." Here's the important point and pay close attention:

The NYRO, did not catch an error that I had an unresolved Issue in Active Appeal Status awaiting BVA Review with an Effective Date Of Claim (6June1991), until I had already been granted P&T, IU. You do the Math, it comes to a Total of 13 Years. Their refusal to resolve the matter at the RO level was based how they justify allowing an Issue to remain in Appeal Status and unresolved for 13 Years. To add insult to injury the RO certified for Appellant Review an Issue having a 2000 Docket Number.

The BVA's decision dated 14 March 2005 denying me an earlier effective date as it pertained to my Cervical Condition was denied. It has taken me close to 15-16 years ajudicate this issue. When I filed my Motion for Reconsideration (own my own, may I add), would be a crap shoot at best. The Motion for Reconsideration Panel granted my Motion. Please tell me where I stand now????

[Berta]

Can you give us the BVA decision docket number or the citation number?

Congrats on getting this far- I don't see this often- that the BVA will grant a Motion for Reconsideration-

The VBM , 2006 edition, (NVLSP)page 1065 states:

"Reconsideration, when ordered by the BVA Charman, requires the Board to review the appeal de novo, while a CUE motion requires review only of the specific allegations of error." They cite 64 Fed Reg at 2135.

The VA per the VBM is to notify you (did they) that a reconsideration motion is not to be construed as a cue motion unless the BVAA receives notice from the claimant to consider the motion as a CUE motion.

There is considerable information as to CUES as well as the situation you are in within the Veterans Benefit Manual.

How is the VA defining this motion- STRICKLY as Reconsideration or did you ask that it be considered a cue- because that determines- as the quote above states, the next step.

Is anyone on your POA for this?

I am interested in rerading the BVA decision and whatever you reply here -

The VA filed a Motion for Reconsideration in my behalf (and unknown to me at the time)in 2006 regarding a past denial due to direct SC death claim I had before the BVA.1998 I think-

The VA awarded "as if" SC death and I did not pursue the BVA matter.

Subsequently I found evidence that not only supported direct death on the 1998 claim basis but also ifiled a claim in 2003 for direct SC death due to another and separate and fully medically documented cause.

The VAR0s motion at the BVA is -in my opinion -a ploy to get a Direct SC death granted to me which circumvents Nehmer Decision (AO death) and thus saves VA mega bucks.

It is interesting that someone at the RO did this- and filed this motion but the BVA told me they failed to state what decision this was a motion to reconsider on-

I told the BVA I guessed it was the 1998 denial but then again-I had a CUE denial at the BVA in 1999 or 2000 that BVA denied and then Regional COunsel awarded this CUE a few years ago to me-

and VA sent me the money it involved.

I am very interested in the legal stand you have taken and certainly it is hard to squeeze a grant of Motion like this out of them-

Is this in any way involving a former RO denial that was subsumed by a subsequent BVA denial?

That would be clarified if we can read the BVA decision you got at the BVA web site-then again-they only have up to March 2007-

when did you get this info from the BVA?

[JSM754]

Can you give us the BVA decision docket number or the citation number?

Congrats on getting this far- I don't see this often- that the BVA will grant a Motion for Reconsideration-

The VBM , 2006 edition, (NVLSP)page 1065 states:

"Reconsideration, when ordered by the BVA Charman, requires the Board to review the appeal de novo, while a CUE motion requires review only of the specific allegations of error." They cite 64 Fed Reg at 2135.

The VA per the VBM is to notify you (did they) that a reconsideration motion is not to be construed as a cue motion unless the BVAA receives notice from the claimant to consider the motion as a CUE motion.

There is considerable information as to CUES as well as the situation you are in within the Veterans Benefit Manual.

How is the VA defining this motion- STRICKLY as Reconsideration or did you ask that it be considered a cue- because that determines- as the quote above states, the next step.

Is anyone on your POA for this?

I am interested in rerading the BVA decision and whatever you reply here -

The VA filed a Motion for Reconsideration in my behalf (and unknown to me at the time)in 2006 regarding a past denial due to direct SC death claim I had before the BVA.1998 I think-

The VA awarded "as if" SC death and I did not pursue the BVA matter.

Subsequently I found evidence that not only supported direct death on the 1998 claim basis but also ifiled a claim in 2003 for direct SC death due to another and separate and fully medically documented cause.

The VAR0s motion at the BVA is -in my opinion -a ploy to get a Direct SC death granted to me which circumvents Nehmer Decision (AO death) and thus saves VA mega bucks.

It is interesting that someone at the RO did this- and filed this motion but the BVA told me they failed to state what decision this was a motion to reconsider on-

I told the BVA I guessed it was the 1998 denial but then again-I had a CUE denial at the BVA in 1999 or 2000 that BVA denied and then Regional COunsel awarded this CUE a few years ago to me-

and VA sent me the money it involved.

I am very interested in the legal stand you have taken and certainly it is hard to squeeze a grant of Motion like this out of them-

Is this in any way involving a former RO denial that was subsumed by a subsequent BVA denial?

That would be clarified if we can read the BVA decision you got at the BVA web site-then again-they only have up to March 2007-

when did you get this info from the BVA?

[JSM754]

Hi,

I have fought this issue w/o Representation for 13 years, and just as I get to the end of the road, once again it's the Veteran who ends up paying he price.

Docket number: 00-13-664, Citation number: 0507182 (date of Decision 14 March 2005.)

Feel fre to read the Decision and tell what you think. Keep this point in mind:

I asked for a Rating increase for my Cervical Spine Condition initally Rated 40% for the one condition. For 13 years I contended then as I still do now a rating of 40% to 20% is not an increased rating. I have the right to agree/disagree with any decision on as a whole or in part.

Read the Decision, and let's discus