Brief For Uscavc

[rthomass]

I need a copy of a brief that anyone has prepared for the United States Court of Appeals For Veterans Claims. I have a copy of how to do it from the CAVC but a working layman copy would be of immense help.

[Pete53]

Sorry I can't help but I am bumping hoping someone will see the Post.

[Wings]

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If you are going to file pro se (which I don't recommend), the Court's website details the electronic filing procedures. Why not hire an attorney? Another option, while you hunt for an attorney, would be to "File a motion for reconsideration with the Board within 120 days of its original decision, the motion will stop the clock on your time to file an appeal with the Court . . . http://www.vetapp.gov/about/how_to_appeal/...utHowtoFile.cfm

[Berta]

I sure agree that it is best to have an attorney at the CAVC-

But a friend of mine is there Pro Se and just emailed me the instructions for the brief- probably the same instructions you got-

it looked fairly easy to him- and I think he will be willing to share his brief with you when he completes it-

then again he has only 30 days- and got this last week-how much time do you have to file your brief?

[Pete53]

Be sure and add something to the effect that the VARO spoilated evidence submitted for your claim. It will put your claim in a much stronger position.

Spoilate is a legal term which means they did not use or lost evidence that was submitted.

[rthomass]

I sure agree that it is best to have an attorney at the CAVC-

But a friend of mine is there Pro Se and just emailed me the instructions for the brief- probably the same instructions you got-

it looked fairly easy to him- and I think he will be willing to share his brief with you when he completes it-

then again he has only 30 days- and got this last week-how much time do you have to file your brief?

Berta I have to file the Notice of Appeal to the CAVC;have approximately 47days.....brief is no rush at this time. Berta I am presently represented by Karl Kazmierczak of Oakland, New Jersey. I wish I could be sure of his desire to really want to process this claim with all deligence. He appears tentative. I am preparing myself to file pro se if I have to. How high is your confidence level in Karl?

Just in case you neee an e-mail address: rthomass@insightbb.com

Edited November 21, 2008 by rthomass

[Berta]

I think there are plenty of good lawyers-for CAVC claims-

I dont have a lawyer so cant really give first hand recommendations.

But successful resolve of any VA claim depends on one main thing-evidence.

I believe this was a AO exposure in Thailand claim-you have- outside of the -so far- DOD documented usage timeframe of AO?

In cases like that- buddy statements can be often only way to prove exposure to AO and also the MOS is taken into consideration.

The Okinawa AO win involved detailed account of the Hayes dispenser etc.

The AO Alaska vet proved he was exposed when the Army sprayed AO around part of the pipeline.