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It's Official! Awesome BVA Decision Received. Appeal for EED?

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acesup

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I received my BVA Decision Letter this afternoon.  I feel totally vindicated in that the judge repeatedly pointed out that my STRs and medical records plus nexus letters and IMOs provided the basis for granting Service Connection, while the C&P medical examiners and the VARO failed to thoroughly address several issues of secondary SC, thereby denying my claims based on "inadequate" negative opinions to which he assigned "no probative value".

Wow.  Just wow.  I had some incredibly good nexus letters/opinions from several doctors, some specialists, but they were ignored in the 2011 denials and subsequent DRO Review.

The effective date for TDIU and SMC (s) was set back to 2009.  

However, I applied for two of the granted issues (OSA and sciatica) plus TDIU in 2007, in a claim that was apparently sent to sleep with the fishes back during the "Shreddergate" scandal in 2007.  I asserted that fact in 2009, and received a VA Fast Letter stating that the 2007 filing would be recognized.

I'm not 100% certain whether I should pursue this, but I will definitely be looking at it.  If I do want to file NOD for the date, will it be to BVA or VARO?  And, what is the deadline?

Edited by acesup
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Thanks, Broncovet.  I do have a NOVA attorney, although to the best of my knowledge, she's never done a CAVC case.  I will discuss this with her soon.

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The BVA Decision Clock Appeal for the CAVC Starts Ticking! Your VA lawyer should have addressed the trip to CAVC already, this is where Legal Fees get Awarded on outright Wins or Remand Decisions back to RO.

A friend got his BVA Denial (repped by VLC, DC) for SMC K Remanded by the CAVC, Legal Fees $16K paid by VBA, his final RO Remand Award netted him about $7K for the 6-year Appeal wait.  No, For Fee legal Firm would have ever signed on to rep him, he was turned away by (2) well-known Firms.

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