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 ?

[broncovet]

Ok, but dont lose focus on the "basics".

Officially neither BVA cases nor single judge CAVC cases set a precedent. However, I recall reading a precedential case citing a non precediantial case where the judge stated, "While this case does not bind this court, it is both on point and informative".

This being said, dont focus on this BVA case while neglecting to get your OTHER things in a row.

Remember the 3 prong critera for getting service connected:

1. Current diagnosis of a medical condition.

2. In service event or evidence that condition was aggravated. That is, you have to show something that happened in the service that caused your current condition.

3. A connection, or "nexus statement" linking #1 and #2 above.

(Please allow my paraphrasing of the above, feel free to look up the exact words on your own)

[Berta]

Sharon ,in my opinion, is right on the mark.

For CUE claims however, I used 4 BVA decisions that dealt with the same type of legal error that I filed CUE on as well as a General Counsel Pres Op.

But in the award letter none of this evidence was mentioned.

I had set out carefully exactly what legal errors the VA made in a 1998 decision,(3 CUEs) linked those errors to 38 CFR and M21-1MR and other established VA case law, and only used the BVA cases and OGC Prec Op ,as icing on the cake, as they supported clearly what my case law citations did.

In another situation, years ago I saw something here that,in my opinion, was basis for a bonafide Sec 1151,38 USC claim.

I supported my opinion to the veteran with a similiar 1151 BVA case and other internet info.

In that situation I think the BVA decision definitely could have been used to support the 1151 claim.

I based my opinion, on what the veteran had said here ,that an SOC had stated regarding another issue he had. It was ,to me, an admission of negligence and further posts from the veteran confirmed my contention that this was a Section 1151 issue.

The veteran disagreed and never filed a 1151 claim.

I read BVA decisions every Saturday.

While they do not set precedent and,in most cases, will not even be considered by the VA,

they contain a wealth of information and how the thinking patterns of BVA attorneys, considering all regs and evidence, evolves into their decisions.

[mrp]

I was mostly trying to show how an error was initially made in the other veterans case when he was denied,

and hoping to avoid the same error when they evaluate my claim.

What the BVA decision mostly showed , was that the secondary condition could ( and should )

recieve a separate rating from the first, and that it was not pyramiding for being part of same body system..

[Berta]

In that case, then the BVA decision ( or the actual regulations they cited) could potentially help the claim if there could be a pyramiding issue.

But then again:

"hoping to avoid the same error when they evaluate my claim."

They might do it right. Maybe best to wait for the decision.

If the decision does 'pyramid' but shouldn't - you could ask the VA to CUE the new decision right away with a copy of the regs that the BVA decision cites.

I tried to anticipate errors on my claims.But they erred on stuff I didn't even think they would err on.

My last ordeal in December shows what I mean.I was shocked at the AO decision I got.

I aggressively asked them to CUE themselves,and they did and then resolved my issues promptly a few week ago.