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

[COOL BREEZE]

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.

[COOL BREEZE]

carlie-I think I get the idea. I can use certain phrases in the decision appeal letter that would most benifit me but not a copy and paste scenario that I was planning on. Now some of these decisions also used prior cases in the decision to warrant the denial or approval. Is that any helpful? What you are saying is use the reasoning used-not quoting per case such and such. Is there any examples anywhere here that someone used in their appeal using one of these cases. I now have my next homework assignment-that ought to give me something to do.

Oh, by the way, at the doc appointment yesterday the doctor actually twisted my neck from side to side saying oh you can now move your neck 45%. Duh, what did you expect. Instead of asking me to move it she forcefully did it, talking about painful-well anyhow thanks for the advice everyone. I'll be off on my next adventure

[john999]

If I got into advanced appeals I would go find an expert to help me. If you get into legal issues it is good to have a VA lawyer. If your claim fails at the BVA you need a lawyer to take your court case. You want your claim to be perfect when it leaves the BVA for the Court appeal. My question would be if you had a legal problem and needed to go to court would you go by yourself or would you get a lawyer. The guys in jail tried to do it by themselves.

[COOL BREEZE]

I would like to avoid having the claim go that far. It would be best to have it decided at a lower level by submitting favorable info.