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I have sent in as evidence a few cases of precedence that were alot like mine. Do you all think they help? In a court of law they are great evidence. If they do help, is more the better or is one or two sufficient?


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As you know all cases are not exactly the same. Normal reasoning that should apply here would suggest that VA would look at the case and the outcome at the BVA and issue you a favorable decision. We all know that VA is not normal. I have a claim in now for a couple of secondary items and an increase on my DDD of the lower back. I will have all the med evidence in place before my C&P for the RO to make a favorable decision. If for some reason they should find not in my favor(imagine that....) I will use the BVA case decision as evidence for the appeal. I have exactly the same two secondaries as the prior case that went to the BVA and was decided in Jan 06. All I have to do now is get my VA Doc to write the diagnosis the correct way and have 2 tests done at the VAMC. Dale Jr. 8

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Precedential CAVC cases can often help a claim- depends however on all of the circumstances.

Office of General Counsel Precedential Opinions are very good too-

BVA cases are usually considered not relevant to any claim but the one they actually resolve -

However I sure use all of above when possible.

I used this type of evidence for my CUE claims.

If the VA has violated your rights under VCAA use Pelegrino V. Principi, and all AO Blue WaNavu vets should cite Haas V. Nicholson.

Do not hesitate to printout and highlight anything from M21-1 too-that will help because this is the VA's own guidelines as to how claims should be handled as to evidence, DRO review, etc.

I end many statements in claims with legal citations. Then if needed- I attach the actual case or reg.

Sometimes I just add the hyperlink, quote from it and tell VA the entire printout is available upon request.

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