Bva Reconsideration

[dav_marine72]

Sorry I hope people don't think I'm spamming the boards here. I started this thread under research because I forgot this one existed. I was notified by my lawyer today who has my case at the U.S. Court of Appeals for Veterans Claims that the BVA granted me reconsideration. To me this sounded like a good thing. She doesn't agree.

She wanted me to overnight a letter to the BVA saying I withdraw my motion. Then Berta replied to my first post and I talked to my SO at the American Legion. They both think this is a good thing. They think the BVA does not grant this reconsideration unless they realize they made a mistake. I tend to see it that way too. The problem is my lawyer does not. I'll have to look at the agreement I signed with her but I'd rather let it ride at the BVA. I can always appeal to the court again if needed.

This is such a grey area it seems. No one I called at the BVA could tell me if my reconsideration goes to the bottom of the pile or if it has a separate queue. I don't want to wait months and get screwed at the BVA either. It just seems they granted this for a reason. My lawyer was so mad she told me if I had I told her in the beginning I filed for a motion of reconsideration she would have not taken the case or waited until the BVA made a decision. The American Legion who advised me on this told me they hardly ever grant the reconsideration so I forgot about it.

Has anyone gone through this? Any information at all would be appreciated.

[dav_marine72]

Think I just found some information on my own. It looks like I get 60 days to file new evidence and then they assign a reconsideration panel:

20.1001 Rule 1001. Filing and disposition of motion for reconsideration.

(a) Application requirements. A motion for Reconsideration must be in writing and must include the name of the veteran; the name of the claimant or appellant if other than the veteran (e.g., a veteran’s survivor, a guardian, or a fiduciary appointed to receive VA benefits on an individual’s behalf); the applicable Department of Veterans Affairs file number; and the date of the Board of Veterans’ Appeals decision, or decisions, to be reconsidered. It must also set forth clearly and specifically the alleged obvious error, or errors, of fact or law in the applicable decision, or decisions, of the Board or other appropriate basis for requesting Reconsideration. If the applicable Board of Veterans’ Appeals decision, or decisions, involved more than one issue on appeal, the motion for reconsideration must identify the specific issue, or issues, to which the motion pertains. Issues not so identified will not be considered in the disposition of the motion.

(Filing of motion for reconsideration. A motion for reconsideration of a prior Board of Veterans’ Appeals decision may be filed at any time. Such motions must be filed at the following address: Director, Management and Administration (01E), Board of Veterans’ Appeals, 810 Vermont Avenue, NW., Washington, DC 20420.

© Disposition. The Chairman will review the sufficiency of the allegations set forth in the motion and, depending upon the decision reached, proceed as follows:

(1) Motion denied. The appellant and representative or other appropriate party will be notified if the motion is denied. The notification will include reasons why the allegations are found insufficient. This constitutes final disposition of the motion.

(2) Motion allowed. If the motion is allowed, the appellant and his or her representative, if any, will be notified. The appellant and the representative will be given a period of 60 days from the date of mailing of the letter of notification to present additional arguments or evidence. The date of mailing of the letter of notification will be presumed to be the same as the date of the letter of notification. The Chairman will assign a Reconsideration panel in accordance with §19.11 of this chapter. (Authority: 38 U.S.C. 7103, 7108)

[57 FR 4109, Feb. 3, 1992, as amended at 67 FR 16023, Apr. 4, 2002]

[halos2]

I don't know what your claim/issues are but it sounds pretty good to me to go for it.(reconsideration)

[william n]

Dav...go for it !! I feel its a matter of time,thats all. I'll be rootin for ya! No action brings ,no action! peace, William

[dav_marine72]

Thanks William and halos2,

Just left a message for my attorney. She will be mad at me tomorrow. I don't think that's right of her and I really don't care. This is my case. I wrote the reconsideration document and it obviously got someone's attention.