2013 Bva Decisions Posted On Site Today

[FormerMember]

The first batch just popped up. http://asknod.wordpress.com/bva-hepatitis-decisions-2011/

You don't have to go to my site. I just put the link in if you're lazy.

[broncovet]

Yep. While most of us know that BVA decisions are non precedential, BVA decisions are still a resource because, often the BVA cites a precedential case in making its decision, so you can cite the case they cited, if you think your facts are similar.

[Berta]

YES, I just caught that too at BVA , Thanks ASKNOD!

I also noticed on the BVA main page that there is info there on BVA video hearings.

My bookmark is for BVA decisions so I am glad I went into BVA main site a different way today for that info.

I STILL forget to use the Viewer they put there too.

I wonder why they just don't post the decisions via the Viewer.????

I have learned more from BVA denials there,over the years, then from actual claims they have awarded.

In awards they really don't give the whole 9 yards on the evidence they got. I noticed that in my 2009 BVA decision.

[FormerMember]

Berta is excruciatingly correct in that aspect. BVA VLJs have to cite chapter and verse their CAVC cite to support their decision. VAROs do not as they build their predicate out of the M21-1MR. I used BVA decisions exclusively to construct all my appeals. That's where I get things like VAOPGCPREC -9-97 for an EED.

[FormerMember]

Update is in on BVA decisions. It appears the third quarter posting is a little late. I guess VA will get the finals from the fourth quarter posted by March of '14.

a

cp

[63SIERRA]

I was reading one of the cases and saw this, what does it mean, does it mean she filed a NOD, and requested appelate review? And before the court date came, they raised her percentage to 40. She then kept her court date and lost a request for more than 40?

if so then it looks like the RO can revise a rating at anytime being this case was already scheduled for an appeal???

INTRODUCTION

The Veteran served on active duty from January 1981 to March 1984. 

This appeal to the Board of Veterans' Appeals (Board) arises from a July 2008 rating decision issued by the RO in which the RO continued a 20 percent rating for the Veteran's service-connected spondylolisthesis of L5 on S1.  During the pendency of the appeal, in a February 2011 rating decision, the RO granted an increased rating of 40 percent for the Veteran's spondylolisthesis of L5 on S1, effective March 17, 2010.  As the 40 percent rating does not represent the highest possible benefit, this matter remains in appellate status.  AB v. Brown, 6 Vet. App. 35, 38 (1993).