Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

Previous Cases


Cavman

Question

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?

Cavman

Link to comment
Share on other sites

  • Answers 2
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

2 answers to this question

Recommended Posts

Cavman,

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

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

{terms] and Guidelines