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]

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-

Berta the one case involving the BVA is Dockett# 00-22 212, citation # 070811 it was decided in 2007 atthe BVA. The same way this vet argued his sleep apnea is the same way I am arguing mines and I have to go to an appeal in Jan. If you find it let me know because ther is something I am confused.

[windy city]

Granted, it doesn't "hurt" to cite a BVA in your appeal. "Logically", the VARO should recognize it if it is identical to yours..... but, the VARO seldom uses logic and does not have to do anything with BVA cases.... they can just disregard you citing it and dismiss it without even commenting on your argument.

Its amazing what the VA will do ARBITRARILY..... they can ignor claims, all-together.... as with mine.... even though the claims are in my C-file. AMAZING. And, sometimes in the Claim Decision, the VARO will just tell out-right lies. They did with mine.

As for BVA cases...... it don't mean much. I am going to print some highly-related BVA cases for my IMO doctor to read.... showing the logic in back of winning BVA cases. I don't want him to cite the BVA cases; just use the logic in establishing the NEXUS..... for my IMO report. Obviously, if there are CAVC winning appeals, I will also give them to my IMO doctor.... for his/her information.

If the va denied your claim without giving you a c/p exam can you request one or is it up to them if they want to set you up for one?

[windy city]

They can just ignor the claim, all-together..... even though it is in your C-file. The only way you can force the issue is to make sure you have copies of the VARO stamp-dated receipt on the claim and press the issue to the top.... either by appeal or special action by your POA. My VARO, again, dated 12/12/07, IRIS Response, has idicated that they have not received one major claim (May 2007) and another major claim (Jan 2007). Both are in my C-file. Via FOIA request, I received my entire C-file (100%) in July 2007... and I have it all. B)

Does the va take into consideration if you have statements from love ones and friends that were in the same unit as you?

[Stretch]

I am not giving legal advise just suggesting what the VA ask me to do. In no way should this be considered or am I offering a legal procedure. For legal assistance see a lawyer.

Yes, buddy letters do help. Anyone who witnessed what happened to me was asked to write in an affidavit format letter. I say this because many of my buddies are close to death, and the VA cannot wait them out if I have proper information in the letter. This is what I did.

ie.

Dates are important.

Date:

• Affidavit of Name or witness
  
  
  • Witnesses dates of service
    
  • Service Number of witness
    
  • Witnesses dates of service
    
  • Witnesses dates of assignment in your unit
    
  • Witnesses relationship to you within the unit (shop etc.)
    
  • Witnesses acknowledgement of incident or incidents
    
  • What injuries the witness observed in your condition after the incident, stressor, etc.
    
  • Whether the witness was at the scene of the accident, exposure, or stressor
    
  • What the witness observed in your condition over the period of time he was related to you in your unit.
    
    
  1. 
     
  2. Signature
     
  3. Phone number
     
  4. e-mail
     

  Should you have any questions or need any information, the witness is available to his home address.

  [*]Home address of witness

  -------------------------------------------------------

  Have blue ink signature and notarized. Have the more than one copy of the letter. Hand deliver and date stamp both copies of the letter.

Edited December 17, 2007 by Stretch

[Stretch]

Oh yea.

If an element is missing then the letter can be ignored. Take it or leave it.

[windy city]

Oh yea.

If an element is missing then the letter can be ignored. Take it or leave it.

Thanks for the info. but my biggest witness is my exwife because she knew of my health before and after coming back from the persian gulf. I feel like going to tal;k to her but I am afraid that she will say no. I have been having alot of anxiety over this appeal in person with a DRO. Can anybody that has been to one tell me how they were able to handle it.