Appeals Management Center (amc)

[Wings]

January 31, 2009

RE: 397/AMC

CC: Board of Veterans Appeals

VA File No. xxx-xx-xxxx

BVA Docket No. xx-xx xxx

First Name Last Name

Sreet Address

City, State, Zip code

Tel. Number

Department of Veterans Appeals

Appeals Management Center

1722 Eye Street NW

Washington DC 20421

First Name, Last Name, Pro Se

NOTICE OF DISAGREEMENT (NOD) (6 pages)(evidence attached)

OK, I left it on the web long enough. I work hard to keep my ID protected on the internet. ... I don't like those internet spiders that crawl the web for free information. Thanks everybody for your comments and positive vibes!! ~Wings

Edited February 5, 2009 by Wings

[Wings]

x

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How does a veteran file a "Motion for Reconsideration" with the BVA?

I do not care if I win EED for PTSD, but I do care that they ignored every other issue raised on Appeal; and just plain refused to adjudicate my character of discharge (then or now); and their failure to award medical care benefits when I filed an original claim, 1986; and their re-writing history, and re-writing my issues, etc. etc.

Even if I have lost the EED, aren't they supposed to adjudicate the other Issues on Appeal?

~Wings~

[Hoppy]

Wings,

I do not have any idea what to say on the reconsideration. You might try to get them to explain things. I did not see any reasons or basis for the dismissal. The only thing I can think of is that they are only concerened with issues effecting a current claim for compensation.

[Wings]

Wings,

I do not have any idea what to say on the reconsideration. You might try to get them to explain things. I did not see any reasons or basis for the dismissal. The only thing I can think of is that they are only concerened with issues effecting a current claim for compensation.

Hoppy, I'll try to post the decision tomorrow, somehow, without having to type 8 pages.

Essentially, the BVA said the only way I could even begin to claim the EED for PTSD, is to file CUE on my 1999 decision granting service-connection for PTSD. Since the 1988 Decision was never sent to me, that decision was never final, and CUE can not lie on a non-final claim.

In other words, the 1988 claim is still pending, and that claim was for an adjudication of my character of discharge. That 1988 decision, they say, is Moot since the AF upgraded my discharge.

Then, the BVA goes on to say that the 1988 decision found me willful and persistent misconduct (here they tell a bold face lie), because the RO at that time (1988) cited no reasons and basis for finding a dishonorable period of service.

The BVA said that IF I had no "awareness" of the character of discharge, then nothing wuld have precluded me from filing a claim. But what I argued on appeal (over and over and over) was that I had no knowledge of an honorable period of service.

I could go on and on, and their decision just feels wrong. ~Wings

[Berta]

I will try to find my original Motion to the BVA Wings- and post here as template-

It was on my CUE claim of 2000 which BVA denied ,I stopped pursuing it, and then the OGC awarded it in 2003 or 2004

It just goes to show we should never let them get away with a denial-

It has to be in a sort of legal format-

Berta Simmons

V.

Veterans Adminisatration

__________________________________________________________________

MOTION TO RECONSIDER DECISION of BVA DATED ---- ON CLAIM OF CLEAR AND UNMISTAKABLE ERROR IN DECISION DATED 1998

(actually I think that was all there was to the format and then I just told them why they committed the CUE.)

I threw in the oath too before I signed it-it is saved somewhere in 3 past computers I had.

[Wings]

I will try to find my original Motion to the BVA Wings- and post here as template-

It was on my CUE claim of 2000 which BVA denied ,I stopped pursuing it, and then the OGC awarded it in 2003 or 2004

It just goes to show we should never let them get away with a denial-

It has to be in a sort of legal format-

Berta Simmons

V.

Veterans Adminisatration

__________________________________________________________________

MOTION TO RECONSIDER DECISION of BVA DATED ---- ON CLAIM OF CLEAR AND UNMISTAKABLE ERROR IN DECISION DATED 1998

(actually I think that was all there was to the format and then I just told them why they committed the CUE.)

I threw in the oath too before I signed it-it is saved somewhere in 3 past computers I had.

Thanks Berta !!!! I slept pretty well, and think I'm gonna tell them where the errors lie in their decision. I can NOT win EED for PTSD unless and until they finally adjudicate that 1988 claim. For some reason, they do not believe that doing so will have any bearing on my claim of CUE, and have flat out refused to properly adjudicate my character of discharge. The BVA cited no evidence in it's denial, nothing. They said they found my arguments "less than persuasive" (LOL!), but did not point to any of the EVIDENCE ON RECORD that will show an 1988 original claim. I'm pissed. ~Wings

[Wings]

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x

I've decided to file a "Motion for Reconsideration" at the BVA. This will "postpone" the 120 day time limit for Appeal to the CAVC "Court". Once I get an answer to the Motion for Reconsideration, then I have 120 days to file an Appeal to the Court.

I have up 240 days to Appeal to the Court.

x

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What happened with my claim of CUE, is that, there has to be a Final Decision on that claim in order for CUE statute to apply.

My 1988 claim was never sent to me, so it remains "pending".

I'm going to claim an EED for PTSD, based on the original, pending claim. This was what I told them I wanted to do in 1994, 5 years this claim has been in appeal status.

I do not know how I am going to write my Motion for Reconsideration, but I've decided I am going to file ... ~Wings

Edited May 9, 2009 by Wings