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What Is My Next Step?

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foreveryoung

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Hi All

I am working on a claim for two previous final BVA decisions one from 1979 and another from 1982. My question is, should I first file an appeal with the CVA or seek a CUE? If I do file the appeal wiith the CVA first, do I mail it directly to them or do I have to go through the VA?

Thanks

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Guest Namvet6567

"I" don't believe you can file w/the CAVC because they are too old and the deadline has tolled but I'm not absolutely positive. You can file w/the RO or BVA w/the CUE. There is a deadline, from the final decision date, for filing w/the court.

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  • HadIt.com Elder

§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.

(B) 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.

(c ) 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]

Edited by Wings
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  • HadIt.com Elder

See also (scroll down)

http://www.warms.vba.va.gov/booka.html

Subpart K - Reconsideration

20.1000 Rule 1000. When reconsideration is accorded

20.1001 Rule 1001. Filing and disposition of motion for reconsideration

20.1002 Rule 1002. [Reserved]

20.1003 Rule 1003. Hearings on reconsideration

20.1004-20.1099 [Reserved]

Subpart L - Finality

20.1100 - 20.1102 - 20.1103 Finality of decisions of the Board/ Harmless error/ Finality of determinations of the agency of original jurisdiction where appeal is not perfected

20.1101 Rule 1101. [Reserved]

20.1104 - 20.1105 - 20.1106 Finality of determinations of the agency of original jurisdiction affirmed on appeal/ New claim after promulgation of appellate decision/ Claim for death benefits by survivor-prior unfavorable decisions during veteran's lifetime

20.1107-20.1199 [Reserved]

See

§20.1000 Rule 1000. When reconsideration is accorded.

Reconsideration of an appellate decision may be accorded at any time by the Board of Veterans’ Appeals on motion by the appellant or his or her representative or on the Board’s own motion:

(a) Upon allegation of obvious error of fact or law;

(b) Upon discovery of new and material evidence in the form of relevant records or reports of the service department concerned; or

(c ) Upon allegation that an allowance of benefits by the Board has been materially influenced by false or fraudulent evidence submitted by or on behalf of the appellant. (Authority: 38 U.S.C. 7103, 7104)

Edited by Wings
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  • HadIt.com Elder
Great research Wings - now can you splain what it means to me?

OK! But first I gotta feed the kids their tater-tots and fish sticks - be right back LOL!

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