Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

HOW TO Seach for BVA or CAVC cases similar to yours.


broncovet
This thread is over 365 days old and has been closed.

Please post your question as a New Topic by clicking this link and choosing which forum to post in.

For almost everything you are going to want to post in VA Claims Research.

If this is your first time posting. Take a moment and read our Guidelines. It will inform you of what is and isn't acceptable and tips on getting your questions answered. 

 

Remember, everyone who comes here is a volunteer. At one point, they went to the forums looking for information. They liked it here and decided to stay and help other veterans. They share their personal experience, providing links to the law and reference materials and support because working on your claim can be exhausting and beyond frustrating. 

 

This thread may still provide value to you and is worth at least skimming through the responses to see if any of them answer your question. Knowledge Is Power, and there is a lot of knowledge in older threads.

 

spacer.png

Question

  • Moderator

Berta doesnt always have time, neither do I.  Also, my eyes are poor and I need surgury, so you can do "case law" search yourself.  This is very handy, especially with "precedent" decisions.  A precedent decision means that "multiple judges", called a "panel decision" decided this, and you can cite it to prove your case.  An "En Banc" decision is also precedential, as this means "all" of the judges weighed in.  BVA cases and single judge CAVC cases are non precedential.    Exercise caution when citing non precedential cases.  Dont cite a non precendial case  if there is a precendial case also, instead cite the precedent case.  

Its amazing how "well prepared" Veterans seem to win more often than those who didnt prepare.  For Service connection, dont forget the Caluza elements, its unlikely your judge will disregard them.  I have posted on Caluza many times and wont repeat it here.  It works, too, if you are seeking an Earlier Effective Date, by typing it in to "keywords".  That will work better than "backpay" because the judges will likely use the term "Earlier Effective Date".  

 

You can use these links:

  Use this link and type in key words such as "TBI", for CAVC decisions relating to your condition.  

http://search.uscourts.cavc.gov/

In a similar manner, type in your key words into this site to search BVA decisions:

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

If there are too many results, you can refine it.  As an example, if you got tbi in combat, you could try "Combat TBI".  You could also try stuff like "TBI 38 CFR 3.156" if you wanted to see TBI Vets who submitted new and material evidence from their service records.  If your search is unproductive, try it again, next time, say reversing the order:  For example "TBI COMBAT".  This can produce different results than "combat TBI".  

You can also search for stuff like "Clear unmistakable Error 38 CFR 4.6" , by simply typing  that into keyword search.  

Edited by broncovet
Link to comment
Share on other sites

  • Answers 1
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

1 answer to this question

Recommended Posts

  • 0

I hope all here heed your Advice Broncovet.

I can usually tell when I post a link or more that could help a member ,based on their situation, and then realize they never bothered to read the link.

Many however do - and that can help them tremendously.

I have developed carpal tunnel syndrome and am glad that we have the Abbreviation /acronym list here- because anything I don't have to type out in detail, means less typing pain for me. And saves me time.

The repetition you and I do many times, can be avoided as well, if others really access the site and the search feature.

The search feature is voluminous  but I often use google  instead  than add hadit at the end of the search in the Google browser and often that means  I get info faster from the Google site , via hadit,than here in the hadit search.

What gets me is when we get a post from a new member, then ask them questions, that any good vet rep or vet lawyer would and should ask, to properly understand their claim,  and then they don't return.

Or they return but never answer the questions  we ask.

It happens  a lot  with DIC survivor   claims.

CALUZA!

If a claimant does not have the three elements, of Caluza ,  their claim is doomed -until they satisfy Caluza.

I am not repeating  Caluza  either. By now everyone here should know what you mean.

 

 

 

 

 

 

 

 

Edited by Berta
Link to comment
Share on other sites



  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines