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Chiefhouse

BVA Decision on 2009 Claim in the Mail

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Greetings

Update! Received notification on Ebenefits and Vets.gov that a BVA decision was made on one of my 2009 claims...the letter is in the mail. That claim was denied.  Five other claims were sent back to the VA for further development...this is the third time.   My docket is 11-12-911. I really don't know what to say...must be patience until the end.

Best Regards

Chiefhouse

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Gentlemen, Start your engines!

    A BVA denial is the PERFECT TIME to hire an attorney.  Once you get the letter, scan it into your computer, so you can email it to different attorney's.  Why is it the perfect time?  Because the CAVC almost always awards Veterans EAJA fees to pay the attorney fees.  This means you can hire an attorney and have little or no attorney fees to be paid by you.  

    My suggestion is you send your denial to Chris Attig, probably CCK law, and maybe even a few others on this list.  Send it only to attorney's who practice at the CAVC.  Go here and pick several:

https://www.vetadvocates.org/directory/widget_search?current_page=1&sort_type=featured&filter={"additional_info.show-profile-on-sustaining-membership-directory"%3A+"yes"}&asset_type=company_user&display_type=default

You have to act quickly.  It takes time for the attorneys to review your case and decide, for sure, if they want to represent you, and for them to file an appeal in your behalf.  You should need "0" upfront fees.  So, as soon as you get the envelope, scan it it and start sending it to attorneys.  Several may decline to represent you, for multiple reasons.  Dont be discouraged.  Attorneys often have a "niche" that they like.  Some may like EED's, some may like PTSD, some may like tdiu.  Some may be too busy to represent you.  That is normal.  Pick a few you like.  

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I'd caution you to wait for the BVA Remanded Decisions, especially since you've waited this long. Have you put a pencil to the possible Retro Due from the pending remanded issues, as well as this recently Denied issue?

VA lawyers will be looking at your Retro Possibility, a Legal fee of 20% of $100K for very little work might spark the Big firm's interest but I doubt it.

Contact the Vet Legal Consortium in DC, PRO BONO representation for BVA and CAVC.  I've seen a Nam Vet get turned down by a couple well know VA Legal Firms (Claimed Too Busy, Ya it was the low Retro. He caned his "Waste Of Time" POA-VSO right before the BVA Denial, ended up getting Denied at BVA with Vet Consortium Representation. VCR immediately filed with CAVC, within 6 mos got all (3) Denied Issues Remanded to RO. Got a $16K+ Legal Fee Awarded by CAVC and paid by VA, not the Vet.

A year later, RO Awarded SMC K ED $104 per month, with Retro of about $6K. What legal Firm for Fee would have signed on for the 20% $1200.00. The other (2) Denied issues, RO Awarded Hypertension SC 0% (No Pay) and Denied his claimed blood Cancer again.

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Gastone,

    With all due respect, I dont recommend waiting (for the remanded issues) to complete to appeal those denied issues.  Reason:  The appeal period will expire in 120 days, probably before the VARO completes the remand.  This will render the denied issues as final and not appealable, except for CUE.  

   To reiterate, start your engines and appeal the denied issues (only), and let the remanded issues take its course.  You can not appeal a "remand" but you can appeal any denied issues in a partial denial/partial remand.  The VA has just cut your claims in half...some remanded, some denied.  The appeal clock is running on the denied issues.  

    And..this is a big deal...the VA may be willing to negotiate..ok, we will award this, if you drop that..it happens a lot..but only when the claims are pending and not final.  With an issue that is final, (no appeal filed in the appeal period), there is no negotiations.  

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