allansc2005 Posted December 6, 2017 Share Posted December 6, 2017 Lance. as a follow-up to Gastone's post, IF you do find it necessary to find a rep to fight the BVA, stay the H-E double hockey stick away from Rep For Vets! You'll be Rumple Stilt skin by the time Rep For Vets drags your case out! Allan 2-2-0 HUAH! Link to comment Share on other sites More sharing options...
LanceJoseph Posted December 6, 2017 Author Share Posted December 6, 2017 Hahaha noted Allan! Link to comment Share on other sites More sharing options...
Gastone Posted December 6, 2017 Share Posted December 6, 2017 LJ, I stand somewhat corrected. If you believe the BVA made a CUE regarding your EED, you can file a motion for a BVA Recent Decision Review for CUE. Don't drag your feet, I doubt that filing the CUE Review Motion would pause the 60 Day CAVC Notification window. Link to comment Share on other sites More sharing options...
Gastone Posted December 6, 2017 Share Posted December 6, 2017 LJ, for your reading pleasure regarding hiring a VA Lawyer. See Attached: The Fees Which May Be Charged By an Agent or Attorney _ National Organization of Veterans' Advocates.html Link to comment Share on other sites More sharing options...
Berta Posted December 7, 2017 Share Posted December 7, 2017 (edited) It isn't at the BVA web site yet- if you had not applied for TDIU prior to hitting a 70% rating, it looks to me that ,since the 70% should have triggered VA to send you the TDIU form, perhaps BVA caught the possible fact that they didn,t ,or BVA determined the 70% in their decision, and the RO had not, and therefore BVA awarded the 2013 EED date. I agree with Gastone, a CUE might have occurred but the full BVA decision, and the RO decision,when it comes, will reveal if there is a way to CUE this. The statement you underlined as to th entire length of the appeal migh be a little Clue from BVA. BVA gave me a clue once and their legal statement ,in a moot claim decision ( I had won that claim at the VARO level under a different theory , and didnt know I could withdraw the appeal) I used as evidence to my RO but it ended up that I had to get the OGC to fix their unwillingness to read what the BVA stated ( which was based on established VA case law) so even though my stuation then , is a far different situation from yours, the words of the BVA ,contained in the entire decision, might contain more than we know....paving the way for a better EED. The clue I got , and the regulations I found to support what the BVA had stated ( it was a hypothetical statement on a possible future issues I could have, and then did have ,many years later) resulted in a high five figure award from the RO which I would have never gotten if I had not saved the older BVA decision, and then spent the time supporting the 'clue'- meaning the statement from the BVA.,with legal evidence from 38 CFR and M21-1MR, and a newer SC award letter. ...and I contacted the OGC right away ( but a different situation than yours- still-the reason we ask here to see actual decisions from VA, is because it is their exact words on paper that can reveal their logic and their errors. Edited December 7, 2017 by Berta Link to comment Share on other sites More sharing options...
LanceJoseph Posted December 8, 2017 Author Share Posted December 8, 2017 Thanks so much for the advice everyone, I've been pretty busy with finals so I haven't been able to reply. I've been taking notes so again thanks for your input. I will update when I get more information, just going to be patient and focus on my day to day. Link to comment Share on other sites More sharing options...
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