Appeal Question

[COOL BREEZE]

If you file an NOD, can you submit evidence from a previous appeal board case that would show why this claim should be approved. In other words copy the whole decision and mail it in as evidence-I would use this as a devoto review. I was reviewing the decisions and found one that matched mine perfectly and of course would help me get this rating for my cervical increased.-thanks

[brokensoldier244th]

*OOOoOoooOoO.....* Im watching this one.....

[john999]

BVA appeal decisions are not precedent setting. If you have a court appeal decision that would be gold if it fits your claim. Court appeal decisions set precedent.

[broncovet]

While I agree, BVA decisions are not "precedent setting", I still think the BVA adjudicators would need to have a compelling reason to "go against their peers", that is, when the facts line up to have a different outcome.

Remember, BVA judges must have reasons for their decisions, they arent supposed to be able to say something like, "I denied you because I did not like your attitude", even tho we all know that may happen from time to time.

About a year or so ago, I basically said the same thing you did, and Berta corrected me in that BVA decisions ARE valuable tools.

Remember, just because it goes to CAVC does not necessarily means the case is "precedent setting". Some CAVC decisions are "single judge" (which are generally not precedent setting), while others are "full court" decisions, normally setting a precedent.

I look at it from a "Tiered" view:

Supreme Court...always "precedent setting".

Federal Court almost always "precedent setting"

CAVC full panel often "precedent" setting

BVA and single judge CAVC are not usually precedent setting, but still can be usefull.

[Chuck75]

The "not precedential" status really means tha a judge is free to "do his/her own thing".

But, it does establish past practice, and cannot be totally disregarded.

If opposing rulings exist for virtually the same issue and circumstances, that by itself can be a basis for a further appeal to a higher court.

[COOL BREEZE]

The main focus on this topic I started is "how can a veteran use BVA decisions to his or her advantage?" Now this is a doing it your self method, you do the research, and use it toward your advantage. No VSO, attorney, ect. The only help would be entirely on this forum. And the pros and Cons of doing so..

I started reading BVA appeal decisions that were favorable, increased disability, to see if I can use a decision which closely resembles one of my denied claims-cervical- as a 2 prong attack.I would use that case with or without additional medical additional evidence. I found a good one which was denied at the local level, and appealed and finally approved by the BVA.

So, when I get a letter from the VA asking me how I want to appeaI- I'll request a de novo review, submit this evidence or claim as an example. Now I know this won't work on all cases. Knowledge is power! Wouldn't it give you a good feeling to being able to do this appeal process yourself, submit good concrete evidence, BVA decisions, medical evidence-the whole 9 yds !

[carlie]

The main focus on this topic I started is "how can a veteran use BVA decisions to his or her advantage?"

I started reading BVA appeal decisions that were favorable, increased disability, to see if I can use a decision which closely resembles one of my denied claims-cervical- as a 2 prong attack.

I would use that case with or without additional medical additional evidence.

I found a good one which was denied at the local level, and appealed and finally approved by the BVA.

So, when I get a letter from the VA asking me how I want to appeaI- I'll request a de novo review, submit this evidence or claim as an example.

Wouldn't it give you a good feeling to being able to do this appeal process yourself, submit good concrete evidence, BVA decisions, medical evidence-the whole 9 yds !

Cool,

A VA claimant can se prior VBA decisions to their advantage by using the verbiage found in prior

BVA decisions.

If there is any way to obtain additional medical evidence that would support a grant of your issue,

that's probably the best way to go.

BVA and the RO will be quick to shoot down print outs of BVA cases that "closely resembles" yours.

There are too many variables. Just because one BVA judge feels medical evidence warrant's a 40 % rating

does not also mean that a second BVA judge will interpret it at 40 %.

ALWAYS, try to get your most favorable results from your RO because once your appeal hit a

Form 9 / I-9, you're automatically going into a 3-5 year holding pattern and don't forget that big

black hole Bermuda Triangle, known to some as the AMC.

To be truthful, I personally find it just as helpful, if not more so, to research BVA denials as they show

the specific keys on denials - the how's, when's and why's.

Claims that are granted do not go into all of the details as much as the denials do.

Rather than you just sending in a copy of a BVA decision for your De Novo review, (which more likely

than not will result in a SOC that is a rubber stamped denial, just like the decision) I would suggest

you use this particular BVA decision you think highly of, as say a draft or outline, to get your

argument across written in your own words.

If you post the Reasons and Bases Section from your denial, you will probably get more help here

than that BVA decision will provide you.