Board of Veteran Appeals and "double jeopardy"

[Atlcocky]

Hello all,

My claim for EFD was denied at the BVA level and then appeal to the CAVC. The CAVC, under a joint motion, remanded it back to the BVA. The BVA then denied again for a reason that was not in the file and something that we have not seen before. (I will upload the BVA denial letter tomorrow.)

So, the question is can the BVA deny, deny, deny and then when the file comes back on remand, deny for a completely different reason than what they were ask to look at on the remand? By the way, the reason for the latest denial ahs NEVER been mentioned before.

 

Thank you.

[Atlcocky]

Because this is for an EED, exams won't come into play. It was remanded because they failed to apply or acknowledge a law. There response was, even if the law applied or even if he had an informal claim, the claim is denied because of some reason that they never used before.

 

Does this seem right? Again, it seems like they were told by the CAVC to look at the law concerning informal claims and they went beyond just looking at that.

 

[pacmanx1]

18 minutes ago, Atlcocky said:

Because this is for an EED, exams won't come into play. It was remanded because they failed to apply or acknowledge a law. Their response was, even if the law applied or even if he had an informal claim, the claim is denied because of some reason that they never used before.

Based on your post, it is hard to say without seeing your most recent denial of your BVA decision. As Bronco stated even with posting your BVA denial we can only speculate why the BVA denied your appeal without viewing your records.

Also, even though this is a claim for an EED, the BVA/VA still has the authority to request a new C & P exam (Medical Opinion) of the onset date of your disability.

I recently filed a claim for two separate EEDs and the VA sent me to two separate C & P exams and both examiner's opinion stated that my onset dated were documented by my VAMC medical records, but the VA refused to review my records and consider the examiner's opinion and denied both my claims. I already won one of my EEDs by a BVA decision, but I still have one pending waiting for the judge to review it. 

 

[Atlcocky]

56 minutes ago, pacmanx1 said:

Based on your post, it is hard to say without seeing your most recent denial of your BVA decision. As Bronco stated even with posting your BVA denial we can only speculate why the BVA denied your appeal without viewing your records.

Also, even though this is a claim for an EED, the BVA/VA still has the authority to request a new C & P exam (Medical Opinion) of the onset date of your disability.

I recently filed a claim for two separate EEDs and the VA sent me to two separate C & P exams and both examiner's opinion stated that my onset dated were documented by my VAMC medical records, but the VA refused to review my records and consider the examiner's opinion and denied both my claims. I already won one of my EEDs by a BVA decision, but I still have one pending waiting for the judge to review it. 

 

 

[Atlcocky]

[Atlcocky]

This is the BVA's response to the remand. 

[Atlcocky]

Hello all,

Thank you all for the input on the case. I was recently approved with the correct EED. Of course, they have made some errors with the calculation of backpay. I will research to see if I can get a better idea but, I believe they have made a 5 figure error. I post in a separate thread but I am looking for historical pay charts from 1995-1999. The VA's website only goes back to 1999. I have also seen TBird post a chart but it did not have the rates with dependents.

Thank you all again.

Keep pursuing what you are entitled to!