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JKWilliamsSr

CAVC Precedent Setting Decisions

Question

I found this document while searching for other information and wanted to share it.   I don't know if it was here already or not.  I did a search but nothing came up.

It is PDF document created but the Disabled American Veterans (DAV) with a list of precedent setting decisions on appeals.  The last revision was January 2010  but there is a wealth of information in this document that I think could be of great use to everyone here.

http://wicvso.org/mbr_resources/2014_conference_presentations/CAVC_Digest.pdf

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  • Our picks

    • Just wondering if we should still pursue separating the PTSD from the TBI .

       

      This is what we got off of Ebenefits. didn't get the two 100% for PTSD and TBI

       

      Total Combined Disability

      You have a 100% final degree of disability. This percentage determines the amount of benefit pay you will receive.

       

      dementia due to head trauma with mood disorder and post traumatic stress disorder, to include traumatic brain injury (TBI) also claimed as generalized anxiety, major depressive disorder

      100%

      Service Connected

       



      07/29/1998

      headaches

      50%

      Service Connected

       



      07/28/2018

      occipital area scar, skull

      0%

      Service Connected

       



      04/22/1980

       

       

      You are receiving the following compensation

      SMC (L-1)Effective Date : 07/28/2018

      SMC (P-1)Effective Date : 07/28/2018

       

       

      You have one or more service-connected disabilities:      Yes

      Include the information in this row

                    Your combined service-connected evaluation is: 100%

      Include the information in this row and the one below it

                   

      Your current monthly award amount is:

      The effective date of the last change to your current award was:

      $4295.97

      December 01, 2018

      Include the information in this row

                   

      You are considered to be totally and permanently disabled due solely to your service-connected disabilities:

      The effective date of when you became totally and permanently disabled due to your service-connected disabilities:

      Yes

      July 29, 1998

      thank you for all your help, hadit members
    • Just wondering if we should still pursue separating the PTSD from the TBI .

      thank you for all your help, hadit members
    • Just wondering if we should still pursue separating the PTSD from the TBI .

      thank you for all your help, hadit members
    • Hello Defenders of freedom!

      I have a question pertaining to this denial for headaches. The decision letter is quoted below. 

       

      3. Service connection for headaches.

      "We may grant service connection for a disability which began in military service or was caused by some event or experience in service.

      Your STRs are negative for any treatment of or diagnosis of headaches. On your post-deployment exam in 2005 you denied any headaches. On separation, you denied any headaches. VA treatment records are negative for any treatment of or diagnosis of headaches. On VA exam, the examiner stated there was no evidence of any residuals of a traumatic brain injury.

      We have denied service connection for headaches because the evidence of record fails to show this disability was incurred in or caused by military service."

      From my understanding these 3 points must be overturned to successfully win a CUE case:

       (1) either the correct facts, as they were known at the time, were not before the adjudicator or the statutory or regulatory provisions in existence at that time were incorrectly applied; 

      (2) the error must be undebatable and of the sort which, had it not been made, would have manifestly changed the outcome at the time of the prior determination

      and (3) a determination that there was CUE must be based on the record and law that existed at the time of the prior adjudication in question.  

      @Berta, or veterans out here who have knowledge/experience, tell me what facts you think would be needed to prove this denial for headaches was an error? 
      • 11 replies
    • In 2014 I put in a claim request for A&A due to housebound and secondary seizures to PTSD.    I request a legacy appeal to move to RAMP and now am in A Higher Level of Review.   It was in the Decision Review Stage in March 2019. It now is back to Gathering evidence.  I had requested  Feb 2019 for the VA to make a determination of the appeal based on all evidence currently in the case fine. It is now end of July 2019.  I just saw the estimated completion date of May 20, 2020 changed to August 2020.  The Modernnization/RAMP said that it would take approximately 120 days  Its now been 5 years since I submitted my claim and part  of that has been in appeal for close to four years.  How can I even tell if my appeal is being worked.  I am 65 years old and know I may have to send my appeal onto BVA, I may be dead before a conclusion is made.  I am also single so have no dependents that could receive back pay.  Is the VA playing me?  I have no representation or VSO
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