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Board Of Corrections Of Naval Records

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Robert Edward

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I am looking for any and all statues that I can use in filing with the BCNR.

History:

I was discharged in 1987 within for a condition that was not considered medical (I had bladder retention problems)

I was rated by the VAMC within the first year of discharge for axiety

I was rated in 1990 for having a bladder disease and major depression 60% plus 100%

I filed with the BCNR in 2000 and was denied the correction (military retirement disability)

I filed again in 2003 and was denied again

Should I file again with all the statues listed? Please give me advice and please don't tell me about the statue of limitations (it just doesn't apply) All a vet needs to do to get by the statue of limitations is to state something new and relevent to his case that wasn't thought about before...

I have not been denied in the past for the statue of limitations.

Robert

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You may be better off by getting your VA primary Care Doctor to write a statement on your bladder disease to explain it was a medical condition and then request your congressman or senator to investigate and see if they can pull strings. I just hope your representative isnt that anti-vet Buyer from Indiana.

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I am looking for any and all statues that I can use in filing with the BCNR.

History:

I was discharged in 1987 within for a condition that was not considered medical (I had bladder retention problems)

I was rated by the VAMC within the first year of discharge for axiety

I was rated in 1990 for having a bladder disease and major depression 60% plus 100%

I filed with the BCNR in 2000 and was denied the correction (military retirement disability)

I filed again in 2003 and was denied again

Should I file again with all the statues listed? Please give me advice and please don't tell me about the statue of limitations (it just doesn't apply) All a vet needs to do to get by the statue of limitations is to state something new and relevent to his case that wasn't thought about before...

I have not been denied in the past for the statue of limitations.

Robert

Robert, You can appeal to a Court of Federal Claims.

See

United States Court of Appeals for the Federal Circuit

04-5133

CHARLES VAN CLEAVE,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Appellee.

__________________________

DECIDED: March 31, 2005

LINK http://fedcir.gov/opinions/04-5133.pdf

Edited by Wings
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I found in the VBM (Veterans Benefits Manual NVLSP 2005 edition )

that certain BCNR decisions made between 1969 and 1989 could be challenged on this basis-

The Navy did not inform all applicants that they could request reconsideration-

This may not have been your case but the VBM also makes this point-

"If the Board's recommendation favored the applicant to a greater extent than the Secretary's final decision, the decision may be challenged by applying to the BCNR for reconsideration."

They are referring to those decisions between 1969 -1989-

but still I would think this potentially could be used in any case for reconsideration-

if there was some difference of opinion.

However- These decisions -Wings is quite correct - can be appealed for a court review- probably the best way to go-

In Federal District Court- if claim is purely equitable (just record change- no monetary change)

In federal district court or US Court of Federal Claims- (if money claim up to $10,000)

or

US Court of Federal Claims -( any monetary claim that is not de minimis (small chance of success)

Unfortunately the VBM says there is a 6 year statute usually from date of discharge involving medical retirement claims but "most district courts allow purely equitable claims to be filed within 6 years of a BCMR decision."

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