Can I Use Other Bva Case...

[mrp]

When filing a claim for something that is secondary to an already service-connected disability,

is it allowed, and appropriate, to submit a copy of a BVA case decision which was awarded for

someone with the same issues.

Will the rater accept this to support the initial claim ,

or is this something that is only helpful for an appeal ?

[carlie]

BVA decisions do not set precedence.

Why do you feel a need to submit this - do you feel your claim

might get denied ?

[mrp]

I have had other issues which I felt were unjustly denied, and this BVA case just seemed to be very supportive to avoid denial

since it had the exact same 2 conditions ---- and most important === he was initially Denied by his RO but then was awarded at the BVA.

I have unfortunately come to realize how long the appeal process can take, so I would like to try to avoid having to go to BVA

like he did, and try to help the rater .

It sounds like they do not have to consider it (?), but I didn't think it would hurt my claim to include it (??)

Thanks for any advice.

[Teac]

As has been said BVA cases do not set precedence however, it doesn't hurt to cite them anyway. I have used a few cases in my claims specifically when I submited request for De Novo appeals...I am of the opinion that if you can show a case has been adjudicated in a veterans favor, and your case is very simulair then it could help. Even though they do not set precedence they can help sway opinions, especially if the rater is concerned about being overturned later.......anyway thats my opinion...

[Hoppy]

I once prepared a statement for a veteran that was given to a DRO stating that I could provide him with a hundred case numbers that would prove a statement made by a C&P examiner was a lie. The DRO threw the C&P exam in the trash and cited my statement as "credible lay testimony". I think if anything citing a BVA case will let them know that you are not going away and they will take your claim more seriously.

[sharon]

Each case is adjudicated on its own merit. You have to have medical evidence that the secondary condition is related to your primary service connected condition. It would be better to take the BVA case to your doctor and have him/her write up a statement showing how it relates to you.

[Reddit]

Can secondary be that it is aggravting your service connect disability. Like sinus agrravtes my sleep apnea.

Reddit