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 February 8, 2013 Share Posted February 8, 2013 I am familiar with your claim. In my opinion, you do not have a CUE issue. These guys are right.....an IMO and more evidence would help. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted February 8, 2013 HadIt.com Elder Share Posted February 8, 2013 A CUE can be filed anytime, after the one yr appeal period has expired and the decision has become final. I don't feel this is a CUE issue but that's just my opinion. pr Link to comment Share on other sites More sharing options...
deanbrt Posted February 8, 2013 Share Posted February 8, 2013 I am surprised your attorney did not ;push to get an IMO. Surely, he should have seen you needed more evidence. Link to comment Share on other sites More sharing options...
FormerMember Posted February 8, 2013 Share Posted February 8, 2013 An IMO will not avail this gentleman. As BroncoVet pointed out, the CAVC (and the 3rd Circus) are Courts of Law, not triers of fact. Mr. MOS1833 would need a remand for some defect of law in order to submit new evidence such as an IMO. Once the RBA is sealed at the BVA and the decision ink is dry, no more evidence is allowed to be entered into the record except under a mutually agreed upon scenario between the the parties as well as the court clerk. This is extremely rare. Asking VASEC to allow in (or to send out for) an IMO at this point is not going to be greeted favorably. Absent some earth-shattering legal epiphany, he will not be granted a Full Court review. His case must have had some significance if he even received a panel review. That it failed indicates much. If your own attorney says it's not viable, I don't see how asking for a full Court review will breathe new life into it. The Fed. Cir. won't even look at it if a matter of law is not raised. Link to comment Share on other sites More sharing options...
deanbrt Posted February 9, 2013 Share Posted February 9, 2013 Understand. I meant at the BVA level. I went all the way to CAVC, remand, and award at BVA. My thought at CAVC then was if I lose there, it's over. But I still don't understand why an attorney would take the case (on contingent, I assume) at any level without more substantive evidence. Link to comment Share on other sites More sharing options...
Berta Posted February 9, 2013 Share Posted February 9, 2013 I think I am wrong here...wasn't this a CAVC denial??? Only recourse then is to a Fed Circuit court....but if it was a joint remand, then an IMO could help. The CAVC only looks for major BVA legal errors that were prejudicial to the claimant. They dont accept IMOs or any new evidence when they decide the issue. Sorry guys...I got a lot on my plate these days....and answer too fast sometimes....... I helped a lawyer get a joint remand years ago..BVA made 2 legal errors .... but the vet's claim was awful.... one more claim clogging the system, while probative, awardable claims wait and wait......I dont see awful claims much however. 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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