Jump to content
Ads Keep HadIt.com Online. Consider Turning Off Ad Blockers to Keep HadIt.com Online! ×
  • 0

Board Of Corrections Of Naval Records


Robert Edward

Question

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

Link to comment
Share on other sites

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

5 answers to this question

Recommended Posts

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.

Link to comment
Share on other sites

  • HadIt.com Elder
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
Link to comment
Share on other sites

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."

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines