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My BVA timeline so far

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stillhere

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logged into ebennefits on the 4th Dec. and showed Administrative case processing? Had shown with VLJ since Oct. 15. So I am probably not looking at anything before the end of the year? No Christmas present I guess and surely don't want a denial!!

to all my christian friends and those who believe in Christmas I wish you a very merry Christmas and a Happy New Years!

to others I wish Happy holidays and a wish for Peace between religions! Please!

 

Stillhere

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Wait times, who really knows? Check out VA Appeals Lawyer, Chris Attigs recent discussion with a BVA Judge. How does your BVA experience compare with the Judges discussion?

What does your BVA Attorney or VSO-Rep say?

Semper Fi

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Iris says = with VLJ

Ebennies says= Administrative case processing since 12/4/2015

Phone call to BVA says= on last phase and will be decided when it is ready

So basically ending this year just like years in the past, WHO KNOWS!

Stillhere

 

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Have not had the will power to come here after receiving my DENIAL on Jan. 16th.

Long story short the BVA denied based on grounds that for my attempt for an EED I HAD TO FILE A CUE!

They even went back and said I was notified of this in my denial of my NOD at the RO! I should have listened to Berta when she said give them what they want. I wasted time with having so called doubt in the favor of the vet recommended by others here and am now paying the price I guess.

Anyhow going to be filing the CUE soon and a little confused on should I file to the RO or to the BVA?

 

Thanks, Stillhere

By the way I would like to add that the decision was mine and mine alone so no hard feelings I went the way I did after looking at the both sides but the VA only looks at there moronic way of doing things! The evidence is there all along but......! 

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I think if the CUE was a Regional Office decsion, then you should file a CUE at the RO level.  

If, on the other hand, the Cue was on a board decision, then that needs to go to the board, since a lower tribunal can not overturn a higher tribunal.  

Its a good ideal to plead your Cue "with specificity".  You need to not only point to a CFR, fast letter, ogc opinion, or precendential case that your decision conflicted with, but you need to explain the precise method and the precise part of your decision was CUE.  

You also have to show it was based upon evidence and regulations at the time, and, you must demonstrate that it was outcome deteriminative.  The burden is on you to show that this error meets the CUE standard of review.  Not all errors are CUE errors.  

If, upon reading your cfile, you notice missing probative evidnece, then the procedure is to reopen due to N and M evidence, not file a cue.  

If you think you are not up to this task, as well as the necessary follow up, you could consider the services of a VA law experienced attorney.  

I recently hired an attorney, and, to my suprise, he is taking my case exclusively based on EAJA fees, so my net cost for the attorney is 0.  

Edited by broncovet
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