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Interesting Veterans Case

JR Reihs

Asked by JR Reihs,

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Berta Grand Master

Berta

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Very- I wish I knew the veteran's BVA docket number to see why he was denied in the first place.

Equitable tolling has been successfully questioned by veterans who claimed their mental disorder prevented them from timely responses.

I seem to think this vet was formally diagnosed with PTSD in 2002 and maybe that is why his initial claim was denied?

This decision gave me a flashback to the day I pulled a large envelope from the BVA out of my mail box.

It was addressed to my deceased husband so I opened it up-why would the BVA suddenly send something here?

Well it was a decision for another veteran- he had been awarded his claim by the BVA- I got in touch with the POA,who was delighted to hear that news, but surprised that I got this and I mailed it to them.

Then a few months later I received another BVA decision in the mail- this vet had been denied and I was able to reach his POA too and mail it to them also.

But what if I was someone who just threw it in the garbage? The veteran would not have had a decision to file with the CAVC within that tolling time period?

I have wondered ever since if veterans never received a BVA decision, and thought their BVA claim was still in progress and their appeal period is running out -what do they do?

The BVA had no idea at all why these decisions came here and not to the veteran.

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