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.

[windy city]

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.

I always belieaved that one a case was granted by the BVA it was final.

[Berta]

"I always belieaved that one a case was granted by the BVA it was final" if you mean a BVA award-

Countless Vets have often continued to re-open their claims -even if the BVA made an award.

Years down the road a SC award could lead to SMC consideration or a higher rating from what the BVA award decided.

US CAVC cases -if they are deemed precedent opinions are very good to use as evidence-then again these days I dont see many precedent opinions-

Bit I agree with the others here- send them whatever you can-

One example- a widow (prior to Beverly Nehmer Vs VA)had a BWV AO claim at the CAVC- the CAVC was going to grant the claim but the BVA instead made an award before that happened as they feared a precedent decision from the CAVC which would have opened the $ door for many other vets and widows-

Precedent opinions from the US CAVC can establish a decision that is legal and binding for anyone else similiarly involved.

Like Murinsak V Derwinski, Washington V. Derwinski- these old decision from COVA ( former name of CAVC) established under precedent , that if a vet gets SSA solely for same SC disability they claim-this is bonafide evidence of total disability and unemployability due to SC disability.

I sent these cases to VA to support my husband's claim in his lifetime but they totally ignored them and never got his SSA records for over 3 years -still- CAVC cases can help a claim.

http://www.vetapp.gov/

If you click on your right hand mouse button and move the cursor over the hyperlink- then click right on Copy- then you can come back here and click right for Paste and the link will pop up here in your post.

[windy city]

"I always belieaved that one a case was granted by the BVA it was final" if you mean a BVA award-

Countless Vets have often continued to re-open their claims -even if the BVA made an award.

Years down the road a SC award could lead to SMC consideration or a higher rating from what the BVA award decided.

US CAVC cases -if they are deemed precedent opinions are very good to use as evidence-then again these days I dont see many precedent opinions-

Bit I agree with the others here- send them whatever you can-

One example- a widow (prior to Beverly Nehmer Vs VA)had a BWV AO claim at the CAVC- the CAVC was going to grant the claim but the BVA instead made an award before that happened as they feared a precedent decision from the CAVC which would have opened the $ door for many other vets and widows-

Precedent opinions from the US CAVC can establish a decision that is legal and binding for anyone else similiarly involved.

Like Murinsak V Derwinski, Washington V. Derwinski- these old decision from COVA ( former name of CAVC) established under precedent , that if a vet gets SSA solely for same SC disability they claim-this is bonafide evidence of total disability and unemployability due to SC disability.

I sent these cases to VA to support my husband's claim in his lifetime but they totally ignored them and never got his SSA records for over 3 years -still- CAVC cases can help a claim.

http://www.vetapp.gov/

If you click on your right hand mouse button and move the cursor over the hyperlink- then click right on Copy- then you can come back here and click right for Paste and the link will pop up here in your post.

Berta

I did some more research on BVA cases and found two morw cases that the BVA granted. I am going to have a hearing in Jan. and I going to take copies from these cases just in case I need them. I feel like giving up it is so energy taking and sometimes I wonder if its worth the fight.

[Pete53]

Its worth the fight. Please don't give up.

Like Berta said BVA cases are not something you can exactly hang your hat on and in my opinion carry more weight with a Rating Officer than anywhere else. The CAVC sets it in stone and in the past the VA has been quick to come behind something that might be a door opener and get Congress to change it. So for those who did not know Congress and our dearly beloved President are in league to hold down benefits.

[windy city]

Its worth the fight. Please don't give up.

Like Berta said BVA cases are not something you can exactly hang your hat on and in my opinion carry more weight with a Rating Officer than anywhere else. The CAVC sets it in stone and in the past the VA has been quick to come behind something that might be a door opener and get Congress to change it. So for those who did not know Congress and our dearly beloved President are in league to hold down benefits.

Thanks for the encouregment. Is there a website that you can look up desicions made by the CAVC like the same way you do with the BVA. Any advice will help alot.

[Berta]

This is their site: (US CAVC)

http://www.vetapp.gov/

Click on Case information the left and then on case decisions/opinions-

and you can put a search term on the page-(the older site was MUCH better than this new one)

If you know a name of a case that maybe is mentioned in the BVA decision click on Docket, put the name there in the name block and they will give you the docket number to search under-

what kind of case are you looking for -maybe we can help more-