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Using a VA appeals court case as further evidence for claim review
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jh8232
I've filed a claim for my kidney condition and have gotten it service connected, but not at the rate I feel it should be. I have researched VA appeals cases on the VA website and have come across a case very similar to mine where the Veteran received the rating that I feel I should be at. My test results are actually worse than the Veteran's, but they gave him his rating based on one word, "lethargy."
Now, I've suffered from fatigue (similar to lethargy) from my condition for the last eight years and have it well documented in my records, but not the word "lethargy." So, I had my nephrologist write a letter stating that I suffer from lethargy and submitted my claim to be reviewed again, but to no avail. Like I said, I not only do I match a the Veteran's complaints, I exceed them but was assigned a lower rating.
My question is has anyone ever submitted a VA appeals court case decision as evidence when requestig a senior level reviewer?
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GBArmy
To receive a disability from the VA, you need to have 3 elements. First is a current medically diagnosed condition that can be rated, The second is an injury or disease while you were in the service
Richard1954
To answer your question. Yes, I have cited many BVA case for various claims...but claims granted at the BVA do not set precedence as such they hold little weight if any at all. What you need i
GeekySquid
welcome. They are set up like any other court like a circuit. single judges don't set precedent but when an en banc decision is made it usually does set some sort of precedent. I want to be clear
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