Bva Case

[windy city]

If you have a case pending on appeal and you find a case from the BVA and this case is identical as yours and the BVA granted s/c can you use that case as evidence or the va will not allow you to do that.

[Berta]

They will probably say the BVA case is not applicable because it involves a different vet-etc etc-

but still- if you feel it will help by all means use it.

Is there anything in the BVA case you found that might help you find more evidence?

[windy city]

They will probably say the BVA case is not applicable because it involves a different vet-etc etc-

but still- if you feel it will help by all means use it.

Is there anything in the BVA case you found that might help you find more evidence?

Berta

THis case Im talking about the veteran filed his claim using the same wording I used for mines and the BVA granted the service connection because the va could not prove other wise.

[jessejames]

Was the BVA Case signed by 3 Judges or by one Judge. It never hurts to send them ANY evidence that is relevant....so long as you don't overwhelm them with so many Documents that they will pay little attention!

[windy city]

Was the BVA Case signed by 3 Judges or by one Judge. It never hurts to send them ANY evidence that is relevant....so long as you don't overwhelm them with so many Documents that they will pay little attention!

It was signed by one judge. I wish I was able to post that case on Hadit but I do not know how to do it.

[Ricky]

Windy - Berta is totally correct. This is because the BVA is simply an administrative board not like the kangaroo court we have to use. At least the kangaroo court is a reconized "legal court". However, if the case involves the same/similar issues as yours (not just wording) you can say something along the lines of "although I know that BVA decisions are not binding on other BVA cases, for their rulings do not set presedent for the VA, in the claim of Smith Vs BVA, a claim that contains very similar issues as mine, the BVA approved the claim at hand due to xxxxxxxxxxxxx and said blah blah blah etc.....

If you can find multiple BVA cases with issues the same as or similar to yours, your attempts to use them will likely be more sucessful.

[Pete53]

The main thing is to be sure you have all the cites and regulations given on the winning case. I did about the same on mine as it was a combo of two winning cases and some of my own. Anyway the RO said it was best presentation he had seen. Found out later my case was one of his first.