BVA Question

[Jamezam]

I just looked at my appeal status on Vets.gov and it says: "The Veterans Benefits Administration agreed with you and decided to overturn the original decision.
Say what, what does this mean? I haven't even had a hearing yet and have four combined appeals with 12 to 14 issues, waiting to be seen by the BVA.

Edited March 30, 2018 by Jamezam
Update

[Berta]

That is a fancy way of saying they might have cued themselves, due to an error they made.

Can you scan and attach your last denial and whatever you sent to them that they agreed with?

(Cover  file #, name, prior to scanning it.)

I griped last year to POTUS and the Secretary about the errors VA makes in decisions, that veterans should be able to correct if they fit into the CUE criteria n the appellate period.I also wanted a fast letter and regulation for that.

I got a lovely call from the Sec's office telling me my suggestions had been incorporated into the new claim policy procedure.... I am still not sure what they mean by that...but there is one.I posted info on that here some months ago. It is unusual for VA to catch their own errors but they are supposed to have more of a double check to decisions now before they are mailed- --- Whatever they agreed with- I sure hope it is to your benefit . If you already told us what that was about. and if I get time I will; try to find your other posts.

The VA makes plenty of errors. VSO and vet reps should be able to catch them but they dont.

[Berta]

In July 2016 you posted this here- I havent read the whole thread yet-

"I've decided to take a crack at creating a CUE and Benefit of the Doubt failure for a claim that was originally denied in 1988, but finally approved in 2014. And, I currently have a pending NOD on the effective date of said claim."

https://community.hadit.com/forums/topic/67374-cue-and-benefit-of-the-doubt-help/

The BOD part isn't a CUE but 'denied in 1988, approved in 2014" might well have made a CUE claim solid.

Could that be it????? You filed a CUE with them that they agreed to?

 

[jfrei]

I had something similar with my P and T appeal. So my attorney filed they NOD and before it goes the BVA the RO reviews it certifies it send you a SOC before it goes back to the board in our cases the RO changes their mind and grants you your appeal before going to the bVA. Very uncommon but much appreciated in our cases...

[Jamezam]

Thanks all, I don't know why I'm not receiving replies in my email box. Notify me of replies is ON!

Anyway, I have four certified appeals, merged them into one, in DC. I have 12 issues in the docket cue to be heard by a judge. Now, Vets.gov states: "The Veterans Benefits Administration granted your appeal." "The Veterans Benefits Administration agreed with you and decided to overturn the original decision” "This appeal is now closed.”

1. Is my appeal still waiting to see a judge?

2. How can my appeal be closed, as they were merged into one, and there is no indication of any open appeal’s now?

3. The “granted” appeal states it is for "Service connection, lumbosacral or cervical strain.” Yet, the appeal waiting to be sent to a judge states, "Issues on appeal: Service connection, ankylosis of fingers, and 12 others”

 

As far as my CUE, it's still sitting in the Seattle RO. I forwarded a copy to the BVA in DC. My CUE is based on the CUE of another solider who's case is verbatim to mine. Same exact diagnosis (Scheuermann's Kyphosis), same exact denial reasons', (congenital disease, not our problem denial, ignored pretty much all evidence) and the BVA completely agreed with the soldier that there was a CUE.

 

I simply wrote the CUE myself, citing the exact case the RO ignored and made sure they were case's in my pre and active duty period. I then very cautiously typed up all of my active duty and post active duty medical evidence. My attorney, thinks it's a slam dunk, I do too, even though I'm biased...

Edited March 29, 2018 by Jamezam

[Jamezam]

So the VA requested an ACE Exam when I requested an increase for my peripheral neuropathy. And the VA examiner states "There is no change in diagnosis. The diagnosis of peripheral neuropathy was correct, but service connection was made in error. There is a change in perceived nexus between the veteran's peripheral neuropathy and his service-connected back condition."

Why can't the fucking VA just leave us alone? I've been doing this shit for 30 years now and I have all the medical opinions to support all my claims. I swear if the VA tries to reduce or eliminate my rating, I'm going to go off!

I wonder if the medical opinions (outside of the VA) and having an attorney will make any difference?

[EODCMC]

Wow! I've heard of this happening but I wouldn't have believed it. It sounds like retaliation. Not right!