BVA discuss appealed decision with RO

[add55p]

Does the BVA Staff sometime contact the Regional office to discuss a forthcoming decision or to get the RO input before making a final Board decision?

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[ShrekTheTank]

Not that I know of, they send it down to the RO and once they are ready to work it they will review the case and render the decision.  Just a side note the RO can and will make changes based on what they know and can what they claim prove.  I have had two issues approved but lowered due to the RO changing them.  We then again have to keep fighting them.  

[broncovet]

Well, that would defeat the purpose of appeal review.  Both the Board and the VARO are way behind, so my guess is the board judges discuss it with lawyers for the board..not the VARO.  

In fact, the lawyers who often write the decision, likely have it approved by a judge who was probably a lawyer in the past and has written many decisions.  

The chain of command "flows up" not down.  

It would be like if you wanted to build a home, you consulted with someone who has never picked up a hammer or built a home.  No, you would talk to an experienced builder, with many successful builds.  

The idea is you ask someone more experienced, not less.    Thus, you would consult with someone who had written many BVA decisions, not someone from the VARO who has never written one.  

Of course, its possible that someone from the VARO formerly worked at the BVA, but, its highly likely they would be management of the VARO, and discuss things with new people who are learning to write VARO decisions.  

Edited May 25, 2021 by broncovet

[Berta]

I agree and have never seen that happen-

however a BVA claimant can send to the BVA, any relevant information they have, to bolster their claim, before a decision is made.

I had one BVA case(well actually two but I won that claim at the regional level and didnt now I had to withdraw my appeal)

The main BVA case I had, I knew I could succeed in, but I sent the BVA all of the Evidence the VA had failed to consider on the denial.That evidence contained as well 3 IMOs, that they ignored,

I had a solid basis for a CUE on that,but I was also a new  tactical warfare student at a military university (AMU) and their only civilian student)  and wanted to keep my all A average-from my past college credits , so I patiently awaited the BVA decision.

It was the most important claim I ever filed.I received no retro on the claim- I think I explained that here, but what I received was a direct SC death award that overcame my past 1151 awards, and the benefits of that were far more in value than any rating for retro because I already received DIC. My former state vet reps had no faith at all in this claim.I don't think they had ever even seen an IMO before. 

 

 

 

[pacmanx1]

I agree with the above. 

The only thing I would add is what we normally tell veterans is to make sure you read and re-read over and through any VARO/BVA and or CAVC decisions and break them down to make sure you the veteran fully understand. Look up any and all decisions they cite, precedent or not and make sure you are familiar with those decisions and how they relate to your claim. If necessary, have your representative or someone explain those decisions to you just like any/all official documents. Believe it or not those decisions may have little golden nuggets in them that will explain how to get an increase in your rating decision or to get your claim granted service connected.

I know we still get some bad decisions from the BVA but some of those decisions have hidden treasures in them. Yes, granted/denied and even remanded decisions can help a veteran to get the benefits he/she seeks. It seems that it takes the VARO so long to make a decision because they are looking for ways to deny the claim and the BVA takes so long because they are looking for ways to grant the claim and any rules and regulations that the VARO violates to get them to redo their decision and make a new decision.  

You know in a good fight, you and your opponent go round after round, you throw a few blows and knock him down and he gets up throw a few blows and knock you down round after round and finally you give him the old one two punch and he go down and gets up staggering, shaking his head and you throw the final punch and knock him on his, you know what I am talking about and it is over. We use the same evidence the VA uses and the same regulations. There are times when the VAROs, tries to pass the decisions to the BVA and the BVA pass the decision back to the VARO which it is their jobs, and the veteran gets caught up in the years upon years cycle and it is totally unnecessary.

[Berta]

PacmanX1 -you are 100% right!!!!!!!!

Long ago it took me time to understand the 1991 VBM, but subsequent VBMs got easier to understand ***and once the BVA ,CAVC, and the OGC came on line ,it took me more time to understand their legalize- they and  even the ROs spoke different VAOLA.

It all takes time and is worth it.

***The VBM ( Veteran Benefits Manual )is published annually.It is over 200 bucks but advocates get a discount,and it is an excellent source for info on all sorts of VA case law and regulations.

Pacman you sure hit the nail on the head in this statement and it bears repeating- no one should miss what you said and I agree 100% on this with you too:

"I know we still get some bad decisions from the BVA but some of those decisions have hidden treasures in them. Yes, granted/denied and even remanded decisions can help a veteran to get the benefits he/she seeks. It seems that it takes the VARO so long to make a decision because they are looking for ways to deny the claim and the BVA takes so long because they are looking for ways to grant the claim and any rules and regulations that the VARO violates to get them to redo their decision and make a new decision.  "

SO TRUE!!!!! 

 

 

[broncovet]

Yep.  READ YOUR DECISIONS.  Dont "gloss over" them.  Then read em again.  Look for "hidden gems", especially those that will help you on future claims.  

Example:  My first BVA decision "found the Veterans testimony credible" because it was consistent with the facts found.  That is a fact determination, and, if you dispute a "factual determination" of the board, you will likely need "new evidence" to overturn it.  The CAVC, generally does not overturn BVA fact determinations.  They check to make sure the BVA complied with the laws, as well as case law.  

CAVC is not a determiner of fact, that goes to the VARO and the Board.  

Once a board decision is made, "the record is sealed", so evidence can not be added.  "IF" you have new evidence after a board decision, you need to "win a remand" to get that new evidence considered.  

Mostly this is Res Judicata:

Quote

res ju·di·ca·ta

/rēz ˌjo͞odiˈkätə,ˈrās/

 

noun

LAW

 

1. a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.

Res can hurt or help Vets.  That is where the gems come in.  The board may well make a facutal determination in your favor and still deny you.  

You can "hold" the Board to a previous decision "facts found" that are in your favor.  Example:

Quote

The board, in its decision dated mm-dd-yy, determined the Veterans testimony was credible.  The Veteran had likewise testified "cite your own testimony and the date", and, therefore, since this evidence was before the board, it must be deemed credible, and the VARO was in error when it "revisited" the board fact findings, questioning the Veterans credibility.   Instead, the Board has already determined the Veterans testimony was credible, and the VARO can not supercede this fact determination.