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BVA decisions- importance of them


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https://www.index.va.gov/search/va/bva.jsp

It does not take long to familiarize yourself with their search feature.

I have been reading BVA decisions every week  ever since they came on line.

None of these decisions are precedential.

However I used one or more for Legal issues in them to bolster some of my claims, and 

used a medical hint from one of them to get a vet- years to BVA, CAVC, BVA , CAVCagain-

to finally win his claim !  Neither his vet rep not his vet lawyers ever read his last BVA decision. The medical hint was within the very first paragraph  o the decision.

I used a legal statement from a past Moot BVA claim I had ( I won it at RO and never knew I should have withdraw the appeal at BVA)

to recover a FTCA offset and more importantly,

these decisions have helped many here with links I post- (I hope) to understand the way the BVA awards, denies or remands the claim.

I always seek decisions that are fairly recent, but sometimes we get questions here that involve me finding decisions based on VA case law etc , prevalent at time of the decision, and I seek those older BVA decisions, to find out what I need to find,

that could reveal basis for CUE or a 3.156 claim.

I have developed carpel tunnel from decades of typing and using power tools,  weed wackers, etc  and  feel others should start using  the BVA web site more to help others here.

(I have a program that will let me speak and then it types what I say but I have an accent and it will take time for me to get that all compatible- it isn't Dragon, it came with Windows 10.

(A well as the OGC precedent decisions and the US CAVC decisions- so helpful in understand the way BVA, CAVC and the OGC think.

 

 

 

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Any idea why they have not started putting the 2020 decisions up for viewing?

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BVA usually posts decisions every 3 months.Sometimes sooner.

US CAVC posts their recent decisions daily, about 3 days after the decisions is rendered.

General Counsel posts their decisions soon after they are made.

At the OGC website, it separates OGC decisions as to precendental, and non precedential.

Precedent setting CAVC and OGC decisions can be used to support claims.

BVA decisions are not precedent setting.However ( I have done this) one can use a legal excerpt or citation decision from the BVA to support their claim.

I did this recently for my accrued AO HBP claim.I enclosed a link to and quotes from two BVA  recent awards as to the evidence they held, and supplied VA with the same evidence, from my deceased husband medical records, from the NAS study on AO, Sec Wilkie is considering,  and with an IMO from VA Central that awarded the FTCA case, with his poorly treated HBP contributing to his death.

I also tallied up the retro for them.😃***

I also used a  past BVA decision that rendered my claim moot, because I had won it at the RO level under a different theory of entitlement.( under 1151) I I leave no stone unturned)

The BVA decision as to Moot stated 'if the widow, however, successfully receives a direct SC death award, 

the FTCA offset to her DIC must be refunded.

(This was a partial offset because it was what I agreed to with the OGC.ut it was 1/4 of the settlement amount.

There has never been a similar issue with the VA, that I could find.

The VA refused to refund it but after I called OGC and asked them for more money- they ordered the RO to send it to me.

***I posted that info in the AO forum, as well, as it might help another AO Vietnam incountry  or 12 Mile Blue Water Navy veteran.

 

 

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