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Can Bva Go Against Their Own Prior Decision?

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JT24usn

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I found a previous BVA decision the mirrors my gall bladder symptoms yet mine was rated 10 by the RO and BvA granted the other vets at 30. I submitted this BVA decision with my BVA appeal. How could they go against their on decision if they deny mine?

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I found a previous BVA decision the mirrors my gall bladder symptoms

yet mine was rated 10 by the RO and BvA granted the other vets at 30.

I submitted this BVA decision with my BVA appeal.

How could they go against their on decision if they deny mine?

T8r,

BVA decisions do not set precedence.

It's real easy for two different decision makers to come to

different conclusions .

That BVA decision will apply only to that claimant.

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Carlie and PR

So it won't carry any weight or be used by comparison to my claim? I figured it could be used as a reference and my previous cp exam done last month. I jut find it crazy that one rating will be 30 and another 10 because under eating guidelines for gall bladder there is no definition I mild or severe. So how do they know other than to submit someone else's BVA decision with less symptoms than mine that got 30 percent

Thank you for the responses. Any other ideas would be greatly appreciated. I don't see a need for an IMO. What food woul that do when the cp pretty much had most of symptoms right. The rater just didn't use them.

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  • HadIt.com Elder

Carlie and PR

So it won't carry any weight or be used by comparison to my claim? I figured it could be used as a reference and my previous cp exam done last month. I jut find it crazy that one rating will be 30 and another 10 because under eating guidelines for gall bladder there is no definition I mild or severe. So how do they know other than to submit someone else's BVA decision with less symptoms than mine that got 30 percent

Thank you for the responses. Any other ideas would be greatly appreciated. I don't see a need for an IMO. What food woul that do when the cp pretty much had most of symptoms right. The rater just didn't use them.

You can submit it but they don't have to accept what's been decided. Now, if you can find something like it at the court, that could help. When I did mine, I used much of the text I found, both at the court and the BVA, that was like mine, in proving my claim.

pr

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So there is another place other than bvA? I found the information on va.gov. I amguessong court of veterans appeals has something too? Any good place to go that is easy for a simpleton Luke myself?

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  • HadIt.com Elder

So there is another place other than bvA? I found the information on va.gov. I amguessong court of veterans appeals has something too? Any good place to go that is easy for a simpleton Luke myself?

You can go to: http://search.uscourts.cavc.gov/ and enter what you're searching for, at the CAVC.

pr

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