VSO AT BVA LEVEL SAY DELUCA DOESNT APPLY???

[paulcolrain]

SO ,,, ACCORDING TO MULTIPLE VSO'S AT THE BVA LEVEL ARE UNDER THE IMPRESSION THAT THE DELUCA ARGUMENT OF LOOKING TOWARD THE MEDICAL EVALUATION FOR FUNCTIONAL LOSS DOES NOT APPLY TO CLAIMS THAT ARE AWARDED WITH ORIGINAL GRANT OF SERVICE CONNECTION RATING CRITERIA...

LIKE WHAT???????

ACCORDING TO THEM THE APPEALS MANAGEMENT CENTER AT THE BOARD OF VETERANS APPEALS IS NOT LOOKING FOR DELUCA IF YOUR AWARD IS THE FIRST AWARD OF SERVICE CONNECTION. THEY ONLY CONSIDER DELUCA WHEN ITS A GRANT FOR INCREASE.

Edited July 28, 2018 by paulcolrain
MORE INFO

[broncovet]

If you can not hire an attorney THAT FAST you may be able to file a NOA .  The NOA filing is simple:  You are filing an appeal to the applicable decision pro se, and currently seraching for an attorney to represent you.  

Alex said you have 120 days to appeal a board decision, and I had thought it was 60.  My suggestion is you get that appeal filed no matter what, on time, even if you have to do it yourself.  

You need to either send 50 dollar filing fee, or ask the Court to waive the fee due to your low finances.  They regurarly waive the filing fee for vets.  

I almost filed a NOA  a few years ago until I realized I had 120 days after the board decision to appeal. 

https://www.uscourts.cavc.gov/appeal.php

 

Notice the pro bono "helpline" for Veterans appealing to the cavc at the bottom of the page.

Veterans Consortium Pro Bono Helpline: Toll-Free 855-446-9678
or Email helpline@vetsprobono.org (for assistance with self-represented appeals to USCAVC)

 

Edited August 2, 2018 by broncovet

[paulcolrain]

ILL MAKE MY POINT SIMPLE... BY LAW, THE GOVERNMENT CANNOT HAVE IT BOTH WAYS. THEY CANNOT STATE THAT THEY SEEK HIGHEST RATING FOR VETS THEN SAY THEY ONLY SEEK DELUCA WITH A CLAIM OF INCREASE. CONGRESS RATIFIED LAW GOVERNING THE FACTS OF VETERANS ALWAYS ASKING FOR THE HIGHEST IS THE OBVIOUS SENSE OF UNDERSTANDING A CLAIM.  SO THEN IF THE GOVERNMENT ALSO DECIDES THEIRS 2 STEPS AS IF 1. SERVICE CONNECTION AND 2 RATING....THEN DURING THE RATING PROCESS THE VET IS FOUND TO HAVE FUNCTIONAL LOSS THAT IS DEEMED TO BE THE HIGHER RATING.