Bignose Posted December 4, 2017 Share Posted December 4, 2017 Hello and thanks to everyone on this site for all the info. I just faxed off my first "implicit denial" AND 38 CFR 3.156 (c)(2) claims . Thanks to the info on this site. I have a bunch more of those to do. My question is, Can I use BVA decisions as evidence in my case? I read some where that we can not but yet the VA uses them as case law. That seems very one sided to me. A little on my case. SC Ulcerative Colitis for over 20 years . I have used Prednisone a lot. Now my spine is DDD bad. Common knowledge that Prednisone does this. Even the makers of Prednisone print this as a side effect. I have read BVA cases and sometimes they SC it and sometimes they don't, these cases are the same as mine. SC Colitis + pred = bad back. It would be nice to use the BVA cases that grant SC as evidence. Thanks, Big Nose Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted December 5, 2017 Moderator Share Posted December 5, 2017 Berta cites BVA cases, but, officially, the CAVC only recognizes "panel" and "en banc" CAVC case law. Still what I recommend is to read the BVA case then cite the cavc case the BVA cited in their decision. Link to comment Share on other sites More sharing options...
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Bignose
Hello and thanks to everyone on this site for all the info. I just faxed off my first
"implicit denial" AND 38 CFR 3.156 (c)(2) claims . Thanks to the info on this site.
I have a bunch more of those to do.
My question is, Can I use BVA decisions as evidence in my case? I read some where that we can not
but yet the VA uses them as case law. That seems very one sided to me.
A little on my case.
SC Ulcerative Colitis for over 20 years . I have used Prednisone a lot. Now my spine is
DDD bad. Common knowledge that Prednisone does this. Even the makers of Prednisone print
this as a side effect. I have read BVA cases and sometimes they SC it and sometimes they don't,
these cases are the same as mine. SC Colitis + pred = bad back.
It would be nice to use the BVA cases that grant SC as evidence.
Thanks,
Big Nose
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