ptsd Need Some Quick Advice About Bva Motion For Reconsideration Granted

[dav_marine72]

Hi Everyone,

I currently have a case at the U.S. court of Appeals for Veterans Claims. It's almost to the point where my lawyer gets my c-file (waited six months). She called me today all freaked out. After I got my decision from the BVA which basically didn't consider a ton of evidence I called my SO American Legion. They said there was nothing they could do and all I could do was move on to the Court and file a BVA motion for re-consideration. They said that the motion for re-consideration was hardly ever granted.

Well today my lawyer found out it was granted and they want the case back. She got all pissed at me because I forgot to tell her I did this. Well I never expected a reply. Anyway she and my wife want me to send a letter to the BVA stating I am withdrawing my motion for reconsideration and that I want the case heard at the court.

Now I do feel more comfortable with a lawyer but I do understand if this goes back to the BVA and they rate correctly she doesn't get any money. On the flip side this could be more PTSD training by the BVA and I wait forever and they give me nothing.

Has anyone ever been in this position? is it true that the BVA doesn't reconsider often or is this just a formality? I need to overnight my letter within a couple of hours at the latest.

Thanks.

[dav_marine72]

Thanks Everyone,

Talked to the lawyer today. She was actually quite cordial. Let me know the Court attorney would be filing a stay motion at the court and a dismissal of the case back to the BVA. She said once it's filed our relationship is terminated. Another good thing out of this is she is getting my full c-file today or Monday. She said she would sent it to me. Even though I have tried to save everything possible at home I may be missing some reports, etc. So this will give me my file without the BS of asking for it. Then I can comb it to see what exactly the BVA had.

I'll send my new evidence, write a short NOD / SOC about what they missed / VA law, and then make testimony cassette tapes for my wife and myself about my disability. I guess you can't have a hearing in front of the panel only taped testimony. I can have the SO at the BVA testify for me but he obviously didn't do a good job last time so I'm thinking why?

I can actually enjoy this win today. With all the pressure from the lawyer yesterday I felt anxious. Time to get to work and win this thing at the BVA.