Appeal Status

[pacmanx1]

For those who are waiting on appeals, just check this morning, been feeling a little out of it lately and not had a chance to check it but according to VA.gov, the board is now working on January 2018 appeals. That does not mean something will come up to put someone else in front of your claim, but they are moving.

Quote

The Board is currently reviewing appeals from January 2018 or older.

 

[john999]

Pacmanx1

 

                               The VA may be hoping you will give up or just die.   Those who win claims with the VA are those who never give up no matter how long it takes.  VA just hates to pay large retro and will deny those claims until the cows come home.  I filed a CUE some years ago that would have granted me about 30 years of 100% retro.  Of course, my claim was denied all the way to the Court of Vet Appeals and that is where it died.   The VA just pulled out all the stops to make sure I lost.  I had good representation but the fix was in.

[pacmanx1]

39 minutes ago, john999 said:

Pacmanx1

 

                               The VA may be hoping you will give up or just die.   Those who win claims with the VA are those who never give up no matter how long it takes.  VA just hates to pay large retro and will deny those claims until the cows come home.  I filed a CUE some years ago that would have granted me about 30 years of 100% retro.  Of course, my claim was denied all the way to the Court of Vet Appeals and that is where it died.   The VA just pulled out all the stops to make sure I lost.  I had good representation but the fix was in.

John, I somewhat remember your case. I was here under the name of  Honestpete992, but I lost my internet for a while but what I did get from your case was that if a veteran has a valid argument for filing a CUE claim. The veteran should also have a valid argument to reopen that same claim. Depending on the evidence of records it could go either way. I try to tell veterans that, that reasonable mind clause in the CUE criteria could kill their claim for benefits, and they can get the same benefits by filing a timely NOD or if they have a really old claim, they can use 38 CFR 3.156 or 38 CFR 3.157 to get the benefits they seek. ( Most veterans don’t even know about 38 CFR 3.157 because the VA removed it from their regulation but if a claim was rated  prior to the removal, I think around March 2015). It can still be used if the evidence warrants consideration. I try to use any and all regulations that could fit to get the VA to consider all the evidence of records.

The BVA had to force the local VARO to award my claim back to 1998, when the VARO finally implemented the BVA decision they were supposed to restore my increased rating which they did but they failed to correct my increased effective date back to 1998. So, my remanded portion went back to the BVA for the final effective date percentage and that should take care of it.

 

 

[john999]

Pacman

 

                          My claim was an old one from 1972.  Crucial evidence in my claim was not considered, but being dumb I did not file a NOD and appeal at the time because I believed the VA had looked at all the evidence like they said they did.  Anyway  My lawyer and I looked for any way to take the case to the actual court of appeals but it died.  "Reasonable Minds" and a host of other fixes used by the VA to deny CUE claims are really hard to win.  Your claim has to almost be a clerical error that stands correction for you to win in most of these cases.  I have won a CUE in the past but it was black and white without a bit of judgement involved.  A truly "Reasonable Mind" would have granted my claim, but the fix was in.  They really asked me to prove a negative which no one can do.

[broncovet]

Yep, I agree with Pacman.  #8 CFR 3.157 is here:

https://www.govinfo.gov/content/pkg/CFR-2014-title38-vol1/pdf/CFR-2014-title38-vol1-sec3-157.pdf

Since you are talking about a 1972 claim, this regulation should apply to you.  The VA does keep changing regulations, but, you should get "the more favorable" of the old regulation or the new one, but, as always there are limits, explained here:

https://www.law.cornell.edu/cfr/text/38/3.114

 

 

[broncovet]

Bottom line:  To win benefits back to 1972, I predict you will have to get an attorney to help you.  

Getting VA to write 250k or 500k Pro Se,  is about as easy as taking a mad Grizzly bear mom's cubs, while you are naked and have no legs or no arms.  

Possible, but the chances are extremely remote.  

Get an attorney.  

[john999]

You know in 1972  the VA did not even have to list or acknowledge the evidence they used to come to a decision on your claim.  In my old claim they just said "We have examined all the evidence and come to a decision" which of course they had not, but how do you prove it?  The rules have changed so many times it is not funny.  I was filing a CUE so it was even worse.  I thought that any "Reasonable Mind" would have seen the validity of my claim but we are talking about the VA.