It’s an educated guess...

[jfrei]

I have had my claim in since just this Dec 12 went into as an FDC six days later preparation for a decision and that’s were it been for a month now. Why is it SMC claims like mine always will get denied at the RO and dragged out to have to win at the BVA? I’ve looked up past BVA cases exactly like my situation almost to a T and all were granted in favor for the veteran. They always state requires medication management due to my memory issues and can drive anywhere as long as my spouse.” Not all conditions enumerated need to be met.” Turco V Brown 9 vet App 222,224) 1996 Why is it when the claim is still at the early stages when submitting evidence you can’t site past BVA cases to help strengthen your current claim?

[vetquest]

CVA cases are legal precedents decided on the law.  Unfortunately BVA cases are not considered precedents because they are supposed to be judged on their own merits, ergo your case is different and no other case is similar.  I know as well as you that this is BS but the VA claims this.  Life would be much simpler if we could claim precedent.  Add that to all of the cases we never hear about because they do not make it to CVA or BVA there is most likely many cases approved on the merits at the RO that we do not see similar to ours.

I am in a unique situation because my case was decided before severe heat injuries were considered disabling.  I have since seen BVA cases where veterans were awarded benefits on evidence that was not allowed in my case.  You can never go backwards in a VA case, only forward unless there is CUE and in my case the medical evidence was not accepted or known at the time of my injuries.  Therefore the decisions made in my case were based on the best interpretation of the known facts and therefore stand.

What you can do though is cite the CVA decisions in your request for benefits or appeal.  I have used the CVA precedents on other BVA cases similar to mine to argue the law in my case.  I hope that this makes sense, I am on some medications that can cause cognitive dysfunction and things do not always come out right.

[Berta]

Makes sense to me-

BVA cases are unique to the specific claimant, and , as in my BVA case years ago, they had a lot of evidence but only referred to some of it, in the award.

I was disappointed because some of my evidence might have been evidence that others ,with a similar case, would have,but might overlook.

[jfrei]

Is there a CVA website for recent decision?i don’t know how I have never stumbled Upon this and my OCD ... http://m.uscourts.cavc.gov/

Edited January 20, 2019 by jfrei

[Berta]

http://m.uscourts.cavc.gov/RecentDecisions.php

They post them about every 3 days or so-

Also they have made their web site much user friendly recently.