ptsd Searching Bva Cases

[Tbird]

when i do a bva search for the terms ptsd iraq i get no results, i get results for ptsd or for iraq but not combined together if i do a search on ptsd and search within those results for iraq i get results but they don't have iraq in them

now i know there are cases with ptsd and iraq in them i just can't find them can someone else try and see if you have better results

[sixthscents]

Huh, well every case I have examined has used other precedents set in other cases as the basis fir their decisions, CAVC/BVA. So, I am unsure what you are looking at. CAVC/BVA rulings establish precedents and these precedents are what WE use to ground similar or like claims. Period.

Are BVA rulings LAW? Well no, they are interpretations of the law currently held, and as such set the stage for all future claims to follow under the same circumstances. Thats a FACT. Look at all the CAVC/BVA decisions, I have looked at hundreds and again and again they reference prior rulings which clarified existing law. Period. So they MUST be taken into cionsideration when working a similar claim, because given the same set of circumstances the court MUST - not will - MUST come to the same conclusion.

So again Terry... your wrong... sorry but your wrong... any veteran working a claim needs to examine all BVA/CAVC claims which have similar circumstances and can use these as guidlines on how to establish and ground their own claims....

What part of this doesnt make sense.... Its common sense... otherwise why the heck would we ever even look up these cases? We do again and again, and cite them as examples here... again they do NOT carry the force of LAW, only a LAW can do that... howevere they do carry the force of the most current interpretation of what that LAW means and how it applies....

so... Terry ... CAVC/BVA cases can and SHOULD be used and CITED when working claims with similar circumstances, with the understanding that the circumstances MUST be VERY similar..........

again... its just plain old common sense, so tell your laywer hes wrong, or you misunderstood him.... cause I dont know of ANY laywer that would say to dismiss out of hand ANY ruling or interpretation of ANY law by ANY court if it applied to their case, and had a similar set of circumstances...... not a one....

[sixthscents]

Berta posted a good reply to this thread under "should laywers be used" or some such... her comments were concise, clear and well thought out. I appreciate her opinion, and do apologize to Terry for over-reacting, but I will say that his comment kinda pushed my button. I could have handled it in a better "tone" I guess.

I responded to her comment also under that thread....

I perhaps used the word precedent in such a way as to convey that BVA case law establish legal precedence... which they do not, my point is that they do establish an informal precedece in that they show how the BVA will decide a case with similar traits... I thought I made that clear but obviously must not have.

BVA/CAVC case law do not generally establish LEGAL precedence, but they do establish a "working" precedence. Only VA LAW carries the force of LAW...as I stated below, but CAVC/BVA decisons are good indicators on how a decison will be made in a claim with essentially the same set of circumstances... hence precedent...and I am sticking by my statement that they do in fact convey the most current interpretation of VA case law... thats just common sense...

I thank Berta for her comments, and her moderating influence... I tend to get a bit worked up sometimes over seemingly small issues, but I dont see them as small when I examine them at length.... I also could be more tactful I suppose... I will TRY to be so in the future (but dont hold your breath or anything).....

[Berta]

Sixth Sense -I am not a moderator- just a volunteer here-like everyone else-

and your advice to use BVA decisions as guidelines is absolutely on the mark-

I get a lot from studying BVA decisions and they sure are much better then they were 20 years ago-

A vet with a similiar disability- with a BVA decision -can see how the rating criteria was used and what evidence the vet had supplied.

I think we all over react sometimes- and dont really feel you did as you made some excellent points-

(men and women I asked my vet rep a simple yes or No question this AM in email and this has generated 3-4 back and forth emails so far with one more than just came in and I havent read it yet-geeeeez-

I almost over reacted with some badly chosen words- however I emailed him Evidence I copied into the last email and asked again for the 3-4 time- yes or no-

I had asked him the same question twice in Dec and he failed to answer then-

they wonder why we do get angry-

a simple yes or no question-

(He did say he would fwd my question to the main office -I guess they need to make something up to answer and he doesn't know how) HA HA. :)

[sixthscents]

Berta, hehe I KNOW your not a mod girl, I was just thanking you for being a moderating influence.... I tend to get on a stump when I get excited and you neatly curtailed it, so thanks...

Terry, I am saying that BVA and CAVC BOTH set informal precedents and we can learn from both... I think I already made my argument on this so I'm just going to leave it at that...

[Pete53]

If nothing else use the BVA cites in favorable cases that is what is most important.

[Berta]

Men we are all on the same page-

just a brief note here- I have asked my vet rep at least 6 times -in email- a very simple question-the answer is yes or no-I waited for reply when I asked this in Dec and had to ask again yesterday-

you would not believe the unneccessary BS I got on this simple question.

My point here-

I got very angry at this rep - my time is limited by school and I apologise here for all my typos because I type but am already thinking about something else-and have lots of homework so the vet rep and all these emails yesterday took time to read and respond to and which all failed to answer my simple question -----got me very irritated-

then I noticed the cat food was low and had to drive down the hill to the local store- 8 Mile-I call it for all you Eminem fans,it is about 8 miles away and 300 feet down and on the way I played Rainman and agreed with Em that "I will not stand for this".

However the snow covered hills were glorious and at the local store I found a few friends to BS with for a minute and by time I got home I was no longer irritated by the vet rep and emailed him a very provocative additional question-since he couldnt answer the last one-

based on his answer I might have basis to file a charge against my POA with the Governor-

I have plenty now for that type of complaint and yet hesitate to file it-but I strongly believe that my POA has destroyed some of my evidence.Not my local vet rep- I think he is totally burned out by his job----I feel bad for him-----but just wanted a Yes or No-

his additional response will be interesting----

my point here is many of us get frustrated and burned out when we have to go over and over again on some claims issues-or with good advise that is not accepted---

then again we all deal with VA and that compounds what we deal with here-

We are all on the same side as well as attempting to be on the same page-

discussions like this are excellent-

and you all bring great advise to vets.