Nod, Dro, Traditional Appeal, What Oh What Should I Do?

[63SIERRA]

There was a very good discussion on the appeals process on the recent Had it radio show. one of the topics discussed the actions possible to take once you get your denial . Heres what I did. I filed a notice of disagreement AND filed for a reconsideration request. Heres why. You can submit new evidence and arguments and it goes on record, it also gives the RO a second look at the claim, while still preserving your right to appeal the denial. This is the time to send anything and everything that can help your claim, including a synopsis of why they were wrong. THe great thing abt doing it this way, is you still have them on the hook for a traditional appeal, AS LONG AS YOU DONT LET THE 1 YEAR DATE EXPIRE.

Don't ask for a DRO, and don't ask for a REOPEN. Ask for a RECONSIDERATION, . Send in the additional evidence, your nastygram calling them every dirty word you can think of (just kidding, tell them they are brilliant but made a little error), ha . and wait. They may still deny, but they may not. I think a DRO is usually a waste of time from the research ive done. its a stall tactic. They can just as easily take a second look, and see if its correct. either they will fix it or they wont. Then you will need to go to the BVA anyway, So why let them sit on it for any longer than needed, on your nickel.

[lotzaspotz]

A remand back to the Board from the CAVC IS a win. That's the most you will ever get from the CAVC, they don't make rating decisions, they just review whether due process was followed.

[john999]

My CUE was a due process argument. If the CAVC had of agreed with me then they would have opened up the CUE argument for many thousands of vets who filed claims before 1990. They were not going to do that. Sometimes laws need to be rewritten, but the CAVC is not the place for that. As Lotz says the CAVC just decides if due process has been followed. Due process at the time of my claim said that the VA could take a vet's evidence and flush it down the toilet and if you did not have the wherewithal to NOD that decision too bad.

[RUREADY]

A remand back to the Board from the CAVC IS a win. That's the most you will ever get from the CAVC, they don't make rating decisions, they just review whether due process was followed.

I guess all depends all remands is not a win some time its is just time for CAVC to fine that hole to

shut your case down after reading remands if its not written in the books it is a no win.I could be

wrong and reading like CAVC they have a different way of applying the law it reads one thing but they

will make it say just what they want.RU

By no way am I an expert in this but this is just my way of thinking and please

correct me if I am wrong so I can change that way just want to know from someone

who know and by no way this is not an argument just a question?? RU

Edited March 16, 2014 by RUREADY

[lotzaspotz]

Jmo, but that's what Attorneys are for, and no one should approach the Court without one. Once your appeal leaves the Board, it also leaves the VA system and enters the Justice system. As Berta likes to say, at least the Judges know how to read there. And if you don't like the outcome (and can afford the filing fee, unless someone is representing you free of charge), you can appeal to a higher Court. It may not be perfect, but it's better than it used to be and is the only option we have to prevent the VA "fox" from being in charge of watching the hen house, and having the final say.

Edited March 16, 2014 by lotzaspotz

[RUREADY]

So to get this right a remand is not a win at CAVC only for a lawyer to get paid correct?

[GatorNavy]

The CAVC can and does: affirm, vacate, reverse, or remand its rulings. The Joint Motion for Remand or JMR is like the settlement phase that follows discovery in civil litigation. Opposing attorneys get together and negotiate a settlement for their clients in a JMR before it actually gets to "Court" for a judge to decide. You can get yur butt handed to ya' without an attorney in there fighting for the best JMR. The VA Secretary speaketh with forked tongue!

Asknod eats, sleeps and breathes VA Law and he went into the CAVC with an attorney and got a big win from the JMR. No way would I attempt it without an attorney. If I have to go up to the CAVC; I am going to win. Losing is not an option.

The CAVC does not write law, they interpret law. CAVC cases that lend precedence (do they need a panel decision?) are few and far between but they can be "cited" to lend credence to a particular claim at the RO or the BVA.

Edited March 16, 2014 by GatorNavy