Motion For Reconsideration Granted

[JSM754]

Hi,

I've been gone for a while,and I'm still waiting for Decision from the BVA Reconsideration Panel.Some of you may already know that in May 2007 the BVA granted my Motion for Reconsideration that denied me an earlier date of claim.Here's the latest:

1.It went to the Expanded Panel for Review on 16July2007.

2.On 21August2007 it was forwarded to a Judge.

Which is where it is now. I was told that because I already had another Issue awaiting a BVA Decision I suspect I'm going to get two screwings for the price of one. If anyone has been in the same position please weigh in.

Thanks

[jbasser]

Obviously there is somemthing there or they would not have granted the motion.

Good luck.

[Berta]

That is what I think too-

I received a VCAA letter last month- on a claim that the BVA denied-re: direct SC death-in 2000.It was filed as a CUE Motion.

I had already received the 1151 death award and I did not appeal the CUE claim further-

VA itself has tried to re-open this claim with a Motion at the BVA-

In my opinion that means the CUE (which occurred at the RO and was denied- causing the BVA appeal) had something in it that prompted the VARO to begin to focus on it.

As a matter of fact I just noticed the other day- in a letter from the VA I got in 2006- that they were trying to re-open another claim I had there too as a CUE-

The odd thing is that these claims are the weakest ones in my opinion-

and I finally got their attention turned to my main claim.

The only difference in any award is an additional year of accrued under the Nehmer decision for the main claim(I think).

I gave my phone number and email addy for the DRO but wonder- have any of you who dont have a POA ever had the DRO contact you directly?

They should-in my case- call a CUE on all of their decisions since 2004 on my main claim.They CUed one decision and then my POA buggered it all at that point.

The evidence is a preponderance in my favor-and even if they got another VA med opinion -(I already raised Mariano V Principi to challenge that idea) I would just get another IMO too.

I would just hang in there on this Motion they granted and see what is what.My CUE Motion was denied for this claim but my CUE regarding my offset (also denied) was awarded by the RC when I re-opened my claim.The VA had offset about 40,000 too much and like a dope I just didnt want to pursue this error anymore- thinking they might be right ( DUH!)

But in the 2000 denial decision the BVA said the VA- if I succeed in any direct SC death award -would have to refund my offset to me.Ron Abrams- NVLSP -sort of said they wont do that (he never heard of a claim like that before)and I couldnt recall where I got the idea when I was talking to him. Yet it is clearly stated in the old BVA decision.Direct SC DIC makes a prior 1151 death award a moot issue. They have to refund the offset.

Good thing I save everything-you never know when you might need to present the VA something that they themselves stated in documentation.

Edited October 31, 2007 by Berta