Help with Denied Petition for Equitable Relief

[UpToHere]

Two years ago, I petitioned for equitable relief, on the bases of "A," "B," and "C."

Compensation Service denied my petition, on the grounds that "B" and "C" did not establish eligibility, but said nothing about "A."

One year ago, I petitioned for equitable relief again, but only on the basis of "A."

Last month, VA issued a new denial decision, again on the grounds that "B" and "C" did not establish eligibility, and again said nothing about "A."

Any thoughts out there on what my next step might be?

Thanks.

 

 

 

[UpToHere]

Berta remarked: 

“But Broncovet is right-we have no idea of what your petition is for and why it was denied- 

“Can you scan and attach it here and also the Secretary's denial under B and C?( cover C file #, name etc prior to scanning it.)”

(No offense to anyone else intended): Is there a way to transmit them to you (Berta), alone?

Thank you.

Edited October 19, 2018 by UpToHere
Clarification and typo.

[broncovet]

Berta has helped Vets for years, but no, she does not accept private emails.  Apparently, one or more persons in the past has messed that up for the rest of us.  

[UpToHere]

Thank you.

[UpToHere]

16 hours ago, broncovet said:

Well, congratulations on being innovative..and asking for equitable relief. 

When you provide only general information, we can only provide a general answer. 

If you want specifics, then you need to provide specific information.  

Was this at the VARO, DRo, bva, ETC?  The appeals for each of these are different, if this is what you are asking.  

"Equitable Relief" may/may not be the best route for you.  It would take a review of your file to find out which is the best.   I think maybe that is the very last resort.  Have you tried everything else such as 38 cfr 3.156, filing a nod, filing a NOA, filing a CUE, filing a new application, etc. etc??

I would really like to see your petition for equitable relief!!!

Thank you.

I gave both my petitions to my congressman's aide to transmit to VA, the first in mid-2016, the second, in mid-2017.

Regarding my first petition, Compensation Service addressed the denial to my congressman, Simultaneously, a VBA employee told me over the phone that my petition had been denied; that there was no way to appeal the denial; but that I could submit a new (second) petition, on the basis.that Compensation Service had overlooked(?) in my original (first) petition.

I submitted a second petition, on the basis in my first petition that Compensation Service had overlooked(?).

The director of my local VAMC wrote my congressman that my second petition had been denied.

The local VAMC director also overlooked(?) the sole basis of my second petition.

In March 2018, through my congressman, I got a meeting with the local VBA head, who stated what I was trying to get via equitable relief was, essentially, an earlier effective date of claim, which I couldn't do. I cited the CY2002 503(c) report, case 13.

Last month, Compensation Service wrote me directly, with  a new denial. Nowhere did it mention the single basis of my second petition.

 

[UpToHere]

1 hour ago, broncovet said:

Berta has helped Vets for years, but no, she does not accept private emails.  Apparently, one or more persons in the past has messed that up for the rest of us.  

Thank you.

Understandable that Berta doesn't accept private emails.

Do you, or have you been burned, too?

 

[Berta]

Your issue seems to be that you want an earlier effective date-,

Broncovet said:

"Equitable Relief" may/may not be the best route for you.  It would take a review of your file to find out which is the best.   I think maybe that is the very last resort.  Have you tried everything else such as 38 cfr 3.156, filing a nod, filing a NOA, filing a CUE, filing a new application, etc. etc??"

I agree. That is what the appeal process is for.

https://www.hillandponton.com/argue-earlier-effective-date-2/

I have a CUE in progress for a proper EED, in an award they made 2 years ago.

Of all of the multiple legal errors VA has made on my claims, this issue is the only one regarding an improper EED. I was going to let it go-I have a different issue before them regarding CUE on their lack of proper application of a OGC Precedent Opinion.

Bu I decided -after reading their rationale for the denial ( which they reversed fast under CUE)-that is they awarded based on my medical evidence,which the C & P examiner had,when he/she denied,

the posthumous C & P exam was so medically inaccurate that I do not believe anyone with a medical degree , or any medical ackground at all, prepared it. VA said I would get a copy of the actual exam by Oct 4th, but it has not arrived yet.

The EED is clearly wrong.I clearly cited why it is wrong based on my dead husband's VA medical records and also based on a VACO OGC report when I filed FTCA....the same report that warranted the award when they finally read it.

CUE is often a difficult way to attain a proper decision BUT,in my case, it has helped me many times.

It rests solely on legal error, and the medical evidence must have been established and in VA's possession at time of the decision being cued.And the CUE must be as broncovet says "outcome determinative"-

meaning but for the CUE, the VA owes you cash.

If the VA had ample evidence that your EED should have been different, they committed a CUE.

That would be a violation of 38 CFR 4.6.- the main regulation I have used many times, in many CUEs against them.