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What Next After Vacated Boards Decision


LIL-ROB

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Can anyone tell me whats next the US COURT OF APPEALS did this vacated the boards decision of 2005

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  • HadIt.com Elder

I think your claim should be remanded back to the BVA. When was the decision of the BVA made and how long did it take to get it vacated by the court? I am not sure about this but it is logical that it would be remanded if a decision was vacated.

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Yep remanded back to the BVA-I would think.

An order to vacate means the prior decision has been overruled.

Did you have a lawyer on your POA?

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I need to add-BVA decision was overruled or the CAVC found a critical legal error that needs to be corrected.

This doesn't happen often so I am anxious to know what else you can find out on this vacate order.

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I need to add-BVA decision was overruled or the CAVC found a critical legal error that needs to be corrected.

This doesn't happen often so I am anxious to know what else you can find out on this vacate order.

Berta,

What really pizzes me off is when I see them vacated due to the vet not getting a VCAA notice.

carlie

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  • HadIt.com Elder

sounds to me the CAVC found critical errors in the VARO decision and ordered a brand new process which is to your favor the effective date is still intact and instead of the denial you have been fighting you stand a chance of getting an approval or at least a VARO decision that you are now going to be able to make a new legal challenge to the BVA I hope you keep a lawyer involved thru out this new process and not let a SO let the VARO have a free reign to stick it to you again....80% of 4-5 years of back pay is better than 100% of nothing

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  • HadIt.com Elder

First get the Service Connection and once you get a check each month fight for earlier effective dates. That's my opinion and I am sticking by it.

The more back pay on the table the more VA types have to look at the claim and believe me some of the oldtimers at VA hate to pay Vets.

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Do I understand this thread to say: When CAVC vacates a BVA ruling, that it goes back to the BVA? Is this always what happens?

Is this "vacate a BVA ruling at CAVC" the same as having the CAVA remand a case? Does then the remanded case go to BVA? or RO?

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Do I understand this thread to say: When CAVC vacates a BVA ruling, that it goes back to the BVA? Is this always what happens?

Is this "vacate a BVA ruling at CAVC" the same as having the CAVA remand a case? Does then the remanded case go to BVA? or RO?

I tried to get hold of myy lawyer today but got answering machine will call again tomorrow.04/29/10

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sounds to me the CAVC found critical errors in the VARO decision and ordered a brand new process which is to your favor the effective date is still intact and instead of the denial you have been fighting you stand a chance of getting an approval or at least a VARO decision that you are now going to be able to make a new legal challenge to the BVA I hope you keep a lawyer involved thru out this new process and not let a SO let the VARO have a free reign to stick it to you again....80% of 4-5 years of back pay is better than 100% of nothing

I got sean ravin helping me.

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Yep remanded back to the BVA-I would think.

An order to vacate means the prior decision has been overruled.

Did you have a lawyer on your POA?

Yep Sean Ravin

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