The BVA- an educated opinion

[Berta]

I have been reading BVA decisions since the BVA first came on line in the 1990s.

I also have had a BVA appeal which I was very successful with. When I initially filed that claim, I found that my representative was an idiot, running a veterans claims office and no one there, as vet reps, had any real knowledge of  basic VA 101.

Someone here has put down the BVA , feeling they caused problems with their claim.

Since the 1990s, the BVA has Rarely made errors in their decisions. If they do make an error, and the appeal goes to the CAVC, it will get remanded back to BVA to correct the error.

If the error is a legal error, a Motion to Reverse under CUE can be filed. 

A 'representative' here has filed Motions to reverse under CUE  with the RO-and their Motion  gets rejected-every time , because this person does not know that ROs cannot act on a Motion, only the BVA can and , only on a BVA decision.

The BVA has paralegals as well as lawyers who thoroughly go over the appeals .

Lawyers and paralegal LOVE Evidence. Evidence is what makes a claim succeed,

Also the BVA can READ, unlike so many RO claims people.

The person here,  who has said negative things about the BVA, has blamed the wrong entity- their claim was filed wrong, from what I can see.

I will point that out to them if they respond again-as no one else has given them any help-

It appears they might not have had a competent  agent but,also,  the claim problem might be with the way the original claim was filed.

The problem might be with the OP. 

And please remember that a BVA decision can be appealed with the US CAVC, there is a time deadline however for that and the CAVC will NOT accept more evidence. All you need to know about CAVC appeal is here:

http://www.uscourts.cavc.gov/index.php?fullsite=yes

 

 

 

 

 

 

 

Edited April 10, 2021 by Berta

[Mr cue]

I say I use to believe in the bva I also won a big case before with them before

But I had to go to Cavc to get it remand back to bva before they granted it.

Now I have a different take on this new smc appeal I got.

I was give a bogus bva decision. It was like it was done to make me go to court.

I had to go to court again got it remand again because of the bogus decision.

Now I am at the waiting to be send to the judge stage again. This is also a big case.

So let see if they granted it this time or send me back to the court.

 

Something else I learn is u cant appeal a bva chairman reconsideration to the court It was a waste of time. 

I appeal the bva decision and the reconsideration to the cavc.

Court decision stated you can't appeal chairman of the board reconsideration to the court.

So no more bva reconsideration for me straight to the court.

 

 

[pacmanx1]

As usual Ms. Berta is given the best advice a veteran can learn.  If we (Veterans) will/would just slow down and read and reread the decisions that we get from the local VARO, BVA and maybe even CAVC, in the REASONS AND BASES SECTION or the REASON FOR DECISION SECTION and the EVIDENCED SECTION most of the time will give us the information we need to overcome our denials or low-balled ratings. I admit that the local VARO denied one of my claims and the BVA remanded it and then turned around and denied my claim after the local VARO denied my claim again and I had to get a lawyer and filed a claim to the CAVC but when the CAVC remanded my claim the BVA then granted my 1998 EED, but I still won my benefits. I agree that evidence is key, and evidence wins but it also has to do with how much or bad does the veteran wants his/her benefits. In my particular case, I knew that a senior VA supervisor lied to me about my evidence, and I felt that my claim was strong enough to be granted service connected. I also felt that many VA employees that reviewed my records saw the mistake and refused to correct it. So, my only choice was to file a claim to the CAVC. We have to learn that the 38 CFR part 3 and 4 can be used both by the VA and us veterans. I used the exact same regulations they used to deny my claim and showed them that they overlooked my VAMC medical records that I asked them to review in my first original claim, but they never did until my claim went to the CAVC. I even think the BVA judge that remanded my claim the first time reviewed this evidence but for some reason the day he/she denied my claim was just another day where they had to process (xx) amount of claims and it really didn't matter to them rather, they granted claims or not.  Well, it mattered to me. If I had given up, I would have given up thousands of dollars.

Both the BVA Search Site and The CAVC Search Site are good tools to help veterans to form their appeals and disagreements.

The Board of Veterans' Appeals Decision search results (va.gov)

Edited April 11, 2021 by pacmanx1