Now at CVAC level, one big hurdle that seems to be the issue….

[MsScarlett]

My husband has now been denied at the BVA level (only took us 7 years). He has every neurological issue there is and he was at Camp Lejeune in the late 70’s.  They keep stating that this didn’t start while he was in the USMC or within 7 years afterwards. We have 2 very good nexus letters, we had a review from a physician that we never met (that was favorable for my husband), we even had genetic testing and he had no markers genetically at birth. yet he was still denied.  The VA states that this didn’t manifest in the military or within 7 years afterwards.  It was more like 15 years afterwards but we didn’t know about CL until 2009. They also mention that since his ancestry’s was Northern European, that’s most likely why he has these issues. SMH….(you can’t make this garbage up).  Probably 75% of the US is Northern European but not 75% of us have these neurological issues.  Anyhow, how do you get around the timeframe issue. He probably had symptoms years before he got them actually checked out but we have no proof of that. This is so frustrating…he is very ill. Every day is a struggle and he probably won’t be able to walk here eventually.  I appreciate any help. 
 

[Chuck Haven]

It's critical you meet the 120 day appeal deadline to the CAVC.  In Fiscal Year 2021 9% of BVA decisions were appealed to the CAVC and only 7% of those BVA's decisions were confirmed by the Court.  70% of appeals to the Court get resolved through mediation.  The BVA makes a ton of errors ... sadly too many Vets give up after fighting through the VA swamp.  Get a good lawyer and appeal to the CAVC.  As another member noted, your legal fees will be paid under EAJA legislation; unless your net worth exceeds $2.1 million.

Best of luck to you.

Chuck