BVA Denial have 120 for CAVC

[ShrekTheTank]

here are the updated decisions

 

 

 

 

First BVA decision-Remand.pdf RO Remand back to BVA.pdf BVA Decision.pdf Letter in support.pdf

Edited November 13, 2019 by shrekthetank1

[ShrekTheTank]

Should I delete this post and make a new one?  I feel like I made a mess here.

[vetquest]

You did not make a mess, we will continue with this one.

[ShrekTheTank]

Ok so after cooling off a bit from this, I had a chance to talk to my wife and the questions still is what is the best way to proceed?  But Vetquest you mentioned asking the BVA to reconsider?  What would that entail?  And would I go back to the beginning of the line again?  

The reason this is important to separate this it will put me at 100% and then I can be considered for P&T.

Next is this a case the CAVC would even pick up?

Thanks again everyone!

Edited November 14, 2019 by shrekthetank1

[broncovet]

The best way to proceed with a Board denial is almost always to send it to an experience Veterans attorney like CCK law or one of the others.  Here is why:

IF the attorney accepts your case (you will have to send them the most recent BVA denial), then you are in a win/win situation, because:

1.  The attorney would not take the case unless he thought there was a strong chance he would win.  It costs money to take a case, time, legal assistant time, etc. etc, and the attorney has to upfront all that.  

2.  If you do win or get a remand at the CAVC, EAJA pays the fees.  Many attorneys will be glad to look at a recent board denial because many of the board decisions are flawed.  

    The attorney can file a NOA for you.  There is a 50 dollar fee for filing at the CAVC, but its waived basically if you sign a document and ask for it, that your net worth is  under 2 million dollars.  If you have 2 million, then pay the 50 yourself.  

   Do that right away, you have a short fuse for the 120 days.  YOU dont want to represent yourself at the CAVC unless you have lots of experience.  You dont have to wait for your VSO to find you an attorney, go ahead and find one youself now.  It sounds like you scanned in your board decision and saved it to your computer so send that to a few law firms like cck, Hill and Ponton, Chris Attig, etc.  

    Source:  I have been to the CAVC 4 times.  Once, I represented myself filing a writ which was denied.  All of the other 3, I was represented by an attorney and EAJA paid my fees all 3 times.  

     You have nothing to lose sending your board decison to 3 or more law firms.  

      You can appeal a denial, or a grant.  (for example, you may dispute the effective date or disability percentage).  But you can not appeal a remand as it is not a finally adjuticated decision.  If you have issue A remanded, issue B denied, Issue C at the wrong effective date, you can appeal all these except the issue(s) remanded.   You can seperate out issues and appeal just one or more issues, even if there was a remand.  (You just cant appeal a remanded issue).  

Its a mistake, in my opinion, to represent yourself at the CAVC.  Its also a mistake to not at least try to find an attorney who will represent you with a recent board denial.  

Attorney's love board denials, they are faster than going to BVA.  CAVC completes cases in a few months, not years like the BVA.  

 

Edited November 14, 2019 by broncovet

[ShrekTheTank]

1 hour ago, broncovet said:

The best way to proceed with a Board denial is almost always to send it to an experience Veterans attorney like CCK law or one of the others.  Here is why:

IF the attorney accepts your case (you will have to send them the most recent BVA denial), then you are in a win/win situation, because:

1.  The attorney would not take the case unless he thought there was a strong chance he would win.  It costs money to take a case, time, legal assistant time, etc. etc, and the attorney has to upfront all that.  

2.  If you do win or get a remand at the CAVC, EAJA pays the fees.  Many attorneys will be glad to look at a recent board denial because many of the board decisions are flawed.  

    The attorney can file a NOA for you.  There is a 50 dollar fee for filing at the CAVC, but its waived basically if you sign a document and ask for it, that your net worth is  under 2 million dollars.  If you have 2 million, then pay the 50 yourself.  

   Do that right away, you have a short fuse for the 120 days.  YOU dont want to represent yourself at the CAVC unless you have lots of experience.  You dont have to wait for your VSO to find you an attorney, go ahead and find one youself now.  It sounds like you scanned in your board decision and saved it to your computer so send that to a few law firms like cck, Hill and Ponton, Chris Attig, etc.  

    Source:  I have been to the CAVC 4 times.  Once, I represented myself filing a writ which was denied.  All of the other 3, I was represented by an attorney and EAJA paid my fees all 3 times.  

     You have nothing to lose sending your board decison to 3 or more law firms.  

      You can appeal a denial, or a grant.  (for example, you may dispute the effective date or disability percentage).  But you can not appeal a remand as it is not a finally adjuticated decision.  If you have issue A remanded, issue B denied, Issue C at the wrong effective date, you can appeal all these except the issue(s) remanded.   You can seperate out issues and appeal just one or more issues, even if there was a remand.  (You just cant appeal a remanded issue).  

Its a mistake, in my opinion, to represent yourself at the CAVC.  Its also a mistake to not at least try to find an attorney who will represent you with a recent board denial.  

Attorney's love board denials, they are faster than going to BVA.  CAVC completes cases in a few months, not years like the BVA.  

 

I know I have seen them on here before, but where do I find the law firms again?

[vetquest]

Search http://www.uscourts.cavc.gov/public_list.php.  This is a list of attorneys able to practice at the court.  Chris Attig is one of them and writes a veterans blog.  He appears to know his stuff.  I would contact him first to see if he would take your case.  If not look for one approved by https://www.vetadvocates.org/cpages/home.

I am amazed that the Board ignored the previous board decision.  Keep us informed please.