Pro Se Representation At Uscavc

[Sergeant G]

Hi,

My recent BVA decision granted benefits for one issue and denied benefits on another issue. I will be appealing the denial to the USCAVC in the near future. I am currently represented by DAV. They have been helpful in some ways, but I am the one who has conducted all of the research and wrote/submitted documents and evidence in support of my claims at each appellate level. I would like to represent myself pro se for the appeal. Does DAV even represent claimants at the USCAVC level? If so, do I need to revoke their POA to be considered pro se? Thanks for the information.

[Berta]

I hate to repeat this for anyone out there and pardon my graphic politically incorrect statement,

but,in my opinion anyone going into the CAVC without a lawyer is going into battle with their d--k in their hand instead of a gun.

The attorney fees on a win is about 20% of the retro.

Without a lawyer a vet can come out of the CAVC with 100%

of Nothing.

Check out the names of any attorneys you here rom right at the CAVC site or ask them for some of their winners and you can read those cases and make a good decisions on a lawyer.

Did you hear from Doug Rosinski? If so and you contact him ,mention hadit and my name to him.....but try B & M first.

He is a friend of mine....can you tell me exactly why they denied?

Or did you tell us here already????

[carlie]

CAVC

GET A LAWYER

Even if your an Einstein -

Just the Pleading, Brief and Motion procedures alone, will have you lost.

[john999]

I get the impression from visits to the CAVC website that my lawyer, Karl Kazmierczak, is specializing in CUE claims. Many of his other clients besides me are doing CUE's and he is representing them. I think he learned a lot about CUE's doing mine.

John

[Sergeant G]

Berta,

The BVA denied my claim for an earlier effective date of my 70% rating, which was previously 10% (for bipolar disorder). It's my contention that I met the criteria for an EED under 38 CFR 3.400(o)(2) because it is "factually ascertainable" that an increase in my disability occurred within the 12 months prior to my current effective date. The reason why I didn't file my claim earlier is because I was originally diagnosed with depression, instead of bipolar disorder, and my manic symptoms were missed by my healthcare providers, and I didn't know that I was experiencing symptoms, so I didn't report them. However, I made a few major decisions while manic and exercised poor judgment. The results of these decisions are verifiable facts. (I'm being vague so I can be as brief as possible, but I'm happy to elaborate if asked to.) More than one of my VA healthcare providers stated in their treatment notes that I was manic (and depressed) within the 12 months prior to my current ED. My VA therapist even specifically opined in my treatment notes that I met the criteria for 70% and IU since June 2006. She said this in June 2008 after my diagnosis was corrected. She also said, "My impression [is] that she has been seriously disabled for several years and has been trying to work despite severe psychiatric impairment which has resulted in a series of failed efforts.” (My ED is currently December 11, 2007.) To make it easy for the RO and BVA, I even typed up a document showing these notes and other relevant excerpts from my notes along with corresponding dates and providers.

The BVA basically said that there wasn't enough evidence to support a 70% rating prior to December 2007. However, the Board did not address my lay statements and most of the positive medical evidence that I cited, and in failing to do so, the BVA didn't provide adequate reasons and bases for its decision as required by law. (I can't remember the relevant case right now.) I believe that is enough to justify a remand, but there is even more. In addition, the Board relied in part on an inadequate C&P examination, which I previously disputed. Again, the Board failed to acknowledge my dispute and why they rejected it (assuming they looked at it in the first place). Furthermore, the BVA only looked at the symptoms listed in the General Rating Scale (GRS) from 38 CFR 4.130 instead of considering all symptoms affecting my ability to function socially and in an occupational environment. This is a violation of Mauerhan v. Principi, 16 Vet.App. 436, 442 (2002), which states that the GRS is not an "exhaustive list," but rather serves as a list of examples. Finally, while the Board didn't think I met the criteria for 70%, they failed consider a lesser rating of 30% or 50%. Again, I was only rated at 10% before I filed my claim in December 2007. My disability didn't jump from 10 to 70% disabling with IU on this date--it was a gradual increase.

On a separate note, Bergmann & Moore called me back a little while ago after reviewing my BVA decision and they think there are some flaws as well.

Sergeant G

[Berta]

Yeah, something is wrong there..... when did you get this
BVA decision?

There is a time limit for filing a Notice of Appeal with the CAVC

2. The Notice of Appeal (NOA) must be received not later than
120 days after the date on which the Board mailed the notice of the
decision to the last known address of the appellant.

Please
Note: The date stamped on the front of the BVA's
decision is the date it was mailed.

http://www.uscourts.cavc.gov/appeal.php

and US CAVC Home page

http://www.uscourts.cavc.gov/index.php

They just revamped their internet
addy....the new CAVC site is fabulous !

Did you give us the BVA Docket number and CItation number here yet? However It might not be posted yet at BVA.

[Sergeant G]

The BVA decision is dated 11/16/12 and it is not available on the BVA website. (Docket No. 11-03 845)

I filed the appeal with the USCAVC on February 7. A redacted copy of the BVA decision is attached.