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.

[Vync]

@Atlcocky How did you end up getting the corrected EED? I have a similar situation where several initial issues were filed in 1995 and ultimately denied in 2000. About 10 years later I filed again and got them SC, but the VA did not assign an EED back to 1995.

[namvet6567]

On 8/7/2022 at 8:05 PM, Atlcocky said:

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.

The key word is can and the answer is yes they can!!  Just keep appealing and never ever give up.  

 

[Atlcocky]

Good morning Vync,

My case was mainly based on a pending unadjudicated claim. Truthfully, all the information was in the file since 1996. I asked, in writing and in front of the BVA, for the claim to be adjudicated for all of these years. Once the case went to the CAVC, I hired a lawyer to finish the case. He was excellent! It still took back and forth from the BVA to CAVC twice before they finally ran out of reasons to say no.

[Atlcocky]

17 minutes ago, Vync said:

@Atlcocky How did you end up getting the corrected EED? I have a similar situation where several initial issues were filed in 1995 and ultimately denied in 2000. About 10 years later I filed again and got them SC, but the VA did not assign an EED back to 1995.

Good morning Vync,

My case was mainly based on a pending unadjudicated claim. Truthfully, all the information was in the file since 1996. I asked, in writing and in front of the BVA, for the claim to be adjudicated for all of these years. Once the case went to the CAVC, I hired a lawyer to finish the case. He was excellent! It still took back and forth from the BVA to CAVC twice before they finally ran out of reasons to say no.

[Vync]

@Atlcocky Glad to hear they finally got it all sorted out!