Bva Hearing?

[foreveryoung]

I just received a letter from the VA, they decided to send my claim for an earlier effective date to the BVA for CUE review back to 1977. Should I request a personnel hearing or just let the wheels turn?

Dave

[foreveryoung]

Sorry for the double Announcement my finger got stuck. Please delete the other copy. Thnaks!

[Berta]

Dave- did they send you a VCAA letter or a Dingess letter yet?

How about a formal I-9---did you prepare that yourself?

SInce they apparently denied and sent a SOC- have you sent them a response to the SOC?

If you prepared the I-9 instead, they are probably going to docket the claim-for the BVA but you still have time to support the CUE at the VARO-

The legal errors and regs they broke should be clearly stated,(except for Duty to Assist)

the evidence that proves the error should be stated and

the EED of course -is the manifestly different outcome-

Have you found anything similiar at BVA or CAVC?

I think sending them a copy of the actual older decision being cued is always helpful too.

[Guest fla_viking]

Dear Veteran

IF you request a hearing by the traviliing board or at the Washiington BVA. You will have a very long wait.

Terry Higgins

[foreveryoung]

Berta

I did receive the Dingess letter a few weeks ago. I'm not sure what I-9 is, can you expand?

What happen was, back in Oct. 05 I had a Satellite Hearing with the VA and the DAV, what a waste of time. Anyway I requested an earlier effective date for my K award. About 2 months ago the VA sent me a letter stating the decision was finial, due to the BVA decision in 1980.

I sent a letter back to the VA claiming there was an error in the 1980 BVA decision. I also attached a copy of the reg. 38 U.S.C. 1114, I believe the BVA overlooked.

The recent letter I just received last week states the VA is sending my C-file to the BVA for review.

Thanks, Dave

[foreveryoung]

Forgot to add! I have a another final BVA CUE claim I am looking add filing for a wrong rating code. Should I file it seperate or sent it to the BVA with this one?

Dave

[Berta]

Dave- I meant by the I-9, the formal appeal form that goes to the BVA-

In my opinion- a vet should hit them hard on page one of this form as to preserving on appeal ,all errors they might have made, factual and legal errors, in applications of VA regs and then tell them as well as you can on page one of the I-9 -in the most attention getting way you can state it, exactly why you feel their decision ,being appealed, is incorrect.State the medical evidence was not considered correctly or misinterpreted whatever-and Tell them if you did not get a VCAA or Dingess letter and rattle off any regs they broke-

I say do this all one the first page so it gets their attention and is therefore not merely put in a stack for eventual BVA docket numbers.

I filed an appeal on the I-9 that I know they dont want to go to the BVA.

You can expand by attaching additional pages-put your c file etc, on each page, but make sure your opening argument on the main I-9 page shows them you are prepared to fight.

You can expand by knocking down any lousy VA doc opinions, as best as you can, reattach any IMOS you have to the I-9 that they never considered, and insert a paste of the actual regs they broke and list all med evidence they failed to consider.

In the war of the words we are forced to battle over-it takes careful consideration as to how to state on that first page a reason good enough for them to actually read the appeal.

Like a good NOD , an appeal can get them to reconsider their decision before it goes to the BVA.

No time for war stories- just focus on what your present disability is ,how it should be rated, or how it is directly related to your service or another SC disability, and what medical evidence supports your position.