mos1833 Posted January 9, 2013 Share Posted January 9, 2013 the court of appeals,made a panel decesion on my claim, denied my lawyer is on vacation,or a long holiday. not much good any way. they posted their judgment on 1-4-2013 i want to ask for a full court review-- what have i got to do ? do i need new evidence ? iam so confused and worried about the time limits for file ing. thanks Link to comment Share on other sites More sharing options...
Berta Posted January 11, 2013 Share Posted January 11, 2013 11-2847 In part: “This claim hinges on whether Mr. XXXXXXX can establish that the Board erred when it found that his lay statements about continuous symptoms of back pain since military service were not credible. See 38 C.F.R. § 3.303(b) (2012) In this case, the only evidence of continuous back symptoms are the statements of Mr. Nunley and his family, asserting that he has experienced back pain since his military service. R. at 1139-50, 1495-96, 1499. Mr. Nunley states that he did not seek treatment for these symptoms until 1979 because he is afraid of doctors and had no health insurance. He states that he self-medicated for his back pain until he sustained additional back injuries at work in 1979, when the pain became too great to bear and he finally saw a doctor. R. at 1143-44; see Savage v. Gober, 10 Vet.App. 488, 496 (1997) ("ymptoms, not treatment, are the essence of any evidence of continuity of symptomatology."). The Board found that these statements were not credible. R. at 21. “ Has your evidence grown beyond lay statements since that decision? Link to comment Share on other sites More sharing options...
mos1833 Posted February 4, 2013 Author Share Posted February 4, 2013 well my lawyer is droping me , he says my claim cant be won.,,,, but i dont wont to drop it ..whats my first step.i dont want to appel to the next court. i want to ask for a full court review. he also says i can open a new claim, thanks to all. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 4, 2013 HadIt.com Elder Share Posted February 4, 2013 Your problem appears to be evidence. The only evidence you have is you and your family's statements, which they probably feel are biased. In addition you had another injury, in 1979, after the service. You need more probative evidence, if you ever expect to win. Just because "you want" a full court review doesn't mean you should get one. I'm not trying to depress you but I just don't see it getting anywhere as is. jmo pr Link to comment Share on other sites More sharing options...
mos1833 Posted February 5, 2013 Author Share Posted February 5, 2013 thanks philip. i probably know what to do . iam just grasping at straws. and i dont even know how to try and re-open or file a new claim for the same thing. Link to comment Share on other sites More sharing options...
deanbrt Posted February 6, 2013 Share Posted February 6, 2013 I new claim may be your best avenue but you need supporting evidence, such as an IMO. Link to comment Share on other sites More sharing options...
mos1833 Posted February 8, 2013 Author Share Posted February 8, 2013 thanks deanbrt , when can i file a cue , or is it to late. Link to comment Share on other sites More sharing options...
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mos1833
the court of appeals,made a panel decesion on my claim, denied
my lawyer is on vacation,or a long holiday. not much good any way.
they posted their judgment on 1-4-2013
i want to ask for a full court review-- what have i got to do ?
do i need new evidence ?
iam so confused and worried about the time limits for file ing.
thanks
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