Previous Case Comparisons

[Cavman]

I have sent in cases of precedence (cases just like mine that have been won) with my new claims and appeal. I spent many hours locating and reading these. Is that a waste of time with the VA? I know in a civilian court of law they can win a case.

Cavman

[Cavman]

Oh yes, I did give them excellent medical evidence. I guess I have always been a fanatic for treatment being equal. My wife always says life isn`t that way. My example here would be when one vet gets 100% for combat PTSD after 1 firefight and no awards and another gets 30% after 100 firefights and many awards. This is very common and really pisses me off. I realize it is the luck of the draw, probably mainly because its a different VARO.

So Berta, would you say it won`t harm my case sending in previous case decisions?

Cavman

[carlie]

cavman,

"My example here would be when one vet gets 100% for combat PTSD after 1 firefight and no awards and another gets 30% after 100 firefights and many awards. This is very common and really pisses me off."

In reality this would be VERY UNCOMMON !

Please understand the percentage of disability awarded for PTSD has NOTHING to do with how many

firefights or awards a vet went through or has. The percentage is strictly related to medical evidence,

symptoms, treatments etc.

jmho,

carlie

[Berta]

Carlie is correct-

PTSD has nothing to with how much, where, when -

Cavman -I dont think you would need any BVA decisions-

As long as a vet has documented disability and current treatment records and a stressor or any nexus that can be proved- occurring during service-

and a medical linkage by presumption or medical evidence-

they should not have to go to the trouble of sending in any BVA decisions-

If the vet wants a preponderance of evidence then the BVA stuff and treatises, magazine articles, medical downloads- all that is OK- but remember-

and Vike stated this extremely well-

If the evidence weighs equally for and against-the vet succeeds-

The Ros are not taking the time to read everything anyhow-

Then again- when a vet sends them BVA stuff or- I LOVE to send M21-1 printouts- the rater knows that the vet knows some VA case law and maybe this gives the vet a psychological advantage.

I have sent this stuff-but it depended on the circumstances- my remand request was very short, (they did not docket and had just got the files) stated why they should immediately remand,with evidence, and I added I am volunteer claims counselor and I know my rights under 38 USC.

It depends- what would you want to send them-as past case decisions- in support of your claim?

Often in BVA cases I see that the BVA has acknowledged printouts and other cases but they state that these are not specific to the claim they decided.

Yet they cite cases-

to make their point-but their main focus on BVA decisions is the medical evidence.

[Guest rickb54]

I have sent in cases of precedence (cases just like mine that have been won) with my new claims and appeal. I spent many hours locating and reading these. Is that a waste of time with the VA? I know in a civilian court of law they can win a case.

Cavman

Caveman,

I do not think it is a mistake to cite BVA or COVA's rulings. I know that BVA rulings are not accepted as law, but I think it will be very hard for a regional office to deny a claim if you can show them that the BVA has ruled favorably on like claims in the pass. I think it makes more sense to provide as much information as possible to support your claim. I have even used medical information off the internet to help support a claim since the va has sent me information from the internet in support of a denial. I only do this expecially when I have a case on appeal.

But the most important information you can send the va is the medical evidence and a doctors medical opinion in support of the claim. It is this information that will actually result in the award of a Claim, nothing else really matters.

[Objee]

Ricky,

CHeck the posts between the one you reference and this one. Berta is (of course :o ) correct that Writs of Mandamus are rare as hens teeth. She also, in earlier postings, mentioned that the threat of a WoM could kick the RO into acting on your claim. (When you file for a WOM, the RO gets a copy and knows you're filing.) For a WOM to be granted, the court has to believe that you've exhausted any and all alternatives to get BVA or RO to properly respond to your claim.

There are some things we can do to "tweak" claims processing. Wrap favorable internet info into the physician's opinion letter. Recap all the evidence you're submitting/have submitted to DRO or BVA. Point out that the claim cannot be adjudicated without considering this evidence! {The BVA level is the last one where you can submit new evidence. The appeals court (CAVC on up the chain) only reviews evidence in existence WITHIN the appeal you submit.} Quote the VA's own regs back at them and demonstrate how they failed to follow them, etc. etc.

It's a tedious, PITA process.

Ralph

Hey Ralph, do you have or can you direct me to any such writs. Most of the CVA stuff that I have read is either a simple remand with a joint motion for the remand or if they really have to decide something, as I recall, the ruling normally states that it is not binding (or words to that effect). Maybe it is because most of my research is done late at night or early in the morning, depending on how you look at it but I gotta do something during the night while I wait on day light so I can go to work. Anyway, I have read articles on interview with retired judges from the court, if you really call it a court, who provided that neither the BVA or the RO's pay any attention to the court unless they want to. I sure would like to read some of them there grits, I mean writs. Especially if there is any follow-on documentation on how the BVA or RO responded to it. Since it is a court without any power they can write all of the writs they want and word spank both the BVA and RO's but I betcha that when the VA gets such a document they simply say "sure, uh huh" and then continue on with their mission of pissing on another 4-5 thousand vets who have claims pending at the RO. jmho

Ricky

[john999]

Rick

I agree with what you say about medical evidence and medical opinions. This is what wins claims Law and argument means little to these raters since they know nothing about the law. They know nothing about medical stuff either except when they see a doctor's signature on a document. They ignored my psychologist for years until I got a MD to write reports for me.