FormerMember Posted November 26, 2013 Share Posted November 26, 2013 Sometimes, getting these chowderhead VLJs to actually read the C-file is extremely difficult. This one still refuses to admit he's wrong! http://asknod.wordpress.com/2013/11/25/bva-win-im-48/ It's a win. As to whether they'll do a credible job on the Fenderson staged rating remains to be seen. Hell, the diagnostic codes have changed several times. It will be a twenty year protected rating in a few months. Happy Thanksgiving to all. A Clear Prop. Link to comment Share on other sites More sharing options...
free_spirit_etc Posted November 26, 2013 Share Posted November 26, 2013 Wow! Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted November 26, 2013 HadIt.com Elder Share Posted November 26, 2013 Sweet!!! pr Link to comment Share on other sites More sharing options...
Berta Posted November 26, 2013 Share Posted November 26, 2013 (edited) FABULOUS!!!!!!!!!!! WOW!!!!!!!!!!! When one is legally right, they ARE RIGHT! I love the rationale on top of page 8....as to the faulty SOC.! I used something similar in my 2012 request for VA to CUE itself on my AO award letter. My NOD deadline loomed close so I had to file a NOD, reminding them that my CUE yourself claim preceded the NOD date, thus they should adjudicate that CUE first, and asked them for a NOD extension under the NOD extension regs. If they handle the CUE right, I also stated, then the NOD and the extension request would be moot. In your decision the BVA used the same logic,more or less. How can we claimants adequately appeal anything that is already factually and legally wrong? I cant wait to see how the VA handles this current claim I have under GCY. Our prime weapons of battle are the very regulations they use against us....illegally.... if they think they can get away with it. I am so proud of you ASKNOD.for pursuing this to a proper resolve! Us CUEarerinos have little credibility on CUE advise here until we actually succeed with a CUE. At least that is how I felt for the entire 8 years my last CUE claim took..Not suggesting anyone here doubted me, but that CUE award I got made me feel so much better about giving CUE advise.here. VA knows who some of us advocates are ,I am sure , so they will fart around with our CUE claims as long as they can.to diminish our credibility . But maybe that is just my VA OLA paranoia kicking in. You have had a SUBERB Victory!!!!!!!!! I need to do my FU VA happy dance for you. Edited November 26, 2013 by Berta Link to comment Share on other sites More sharing options...
Berta Posted November 26, 2013 Share Posted November 26, 2013 To clarify, this was not a CUE ,in ASKNOD's case, but proof that his 1994 claim remained OPEN. If it had been closed ,then a CUE would have been in order...... as far as I can tell ......and our esteemed advocate ASKNOD will correct me if I am wrong...... This is a fabulous victory. I need to re read this a few more times as you sure dont see stuff like this one often at all.... Link to comment Share on other sites More sharing options...
infantry10 Posted November 26, 2013 Share Posted November 26, 2013 Awesome! Link to comment Share on other sites More sharing options...
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