Effective dates… BS

[jfrei]

I don’t understand why the rule is you are only granted effective when you file. I recently have 3 disabilities 2 from burn pits filed in December granted effective in September not sure if it was a congressional thing but my claim i filed on Feb 15 they closed out and added it lt my pending claim bill from November that was about to close but now it remains open for bilateral hearing loss. 

[broncovet]

You can search BVA decisions here:

https://search.usa.gov/search?affiliate=bvadecisions

Type something relevant to you in the search box such as " granted PTSD non combat". 

[Lemuel]

44 minutes ago, 11CINF said:

Where can I find my own citation like this? 

There are a number of ways.  I search the recent decisions on the CAVC web site.  The search the referenced decisions either on Google or PACER.  Pacer, you have to set up an account and pay for the download of anything you print.  They bill quarterly to your credit card.  CAVC decisions you can search the docket for.

You have to have Pacer to file to any court other than the CAVC electronically.  And then for a non-attorney, like me, you have to ask for permission to do electronic filing.  Pro Se it is difficult to get.  You have to have demonstrated a knowledge of appeal jurisdiction.  Appeal jurisdiction has to be studied in the Rules of the Court you are appealing to in order to know if you have an issue that can be appealed.

The BVA is the soul finder of fact for the VA.  You cannot disagree with a fact before an appeal court.  You have to deal with fact determinations at the Agency of Original Jurisdiction (AOJ) or back at the BVA through 38 CFR 20.1000, vacating a decision, and then appeal if the BVA "arbitrarily and capriciously" does not vacate and correct its decision.

Edited February 21 by Lemuel
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[pacmanx1]

1 hour ago, 11CINF said:

Where can I find my own citation like this? 

FYI, there is a major difference between BVA Citations and CAVC Citations. With BVA Citations they are not precedential citations and the BVA VLJs (Veteran Law Judges) do not, I repeat do not have to consider them as evidence to your particular claim or appeal. Yes, you can argue that there may be some similarities but the VLJs do not have to consider the fact that just because your argument is similar may not necessarily be evidence in your particular claim or appeal to grant your decision.

To have a stronger argument you can cite Precedential CAVC Decisions (Citations) and if your claim is at the BVA or the CAVC the BVA VLJ or the court should acknowledge your argument and at least address it whereas the BVA VLJ do not have to consider BVA citations at the BVA Board level or lower level as the VARO.

You can use just about any search engine to find particular citations BVA or Precedential CAVC Decisions/Citations, just read through them to see if they have any precedential decisions that can be cited in your favor.  If I am off, I am quite sure someone will correct my post.

Edited February 21 by pacmanx1

[Lemuel]

Right on, pacman.

[broncovet]

Yes you are better off either using Precedential CAVC Decisions, Federal Circuit or Scotus Decsions, or you can review board decisions which often cite one of these.  

Not all CAVC decisions set a Precedent.  "Single Judge" CAVC decisions do not set a precedent, while "Panel" or "En Banc" CAVC decisions are precedential.  The difference is that a single judge may not speak for the entire court, but a panel of judges, or En Banc (all the available judges) do make up a consensus that is precedential.  

Pacman is correct that the VA can "whine" and deny a Veteran based upon his argument citing a  BVA Decision, arguing its not precedential.    VA actually loves to do this, as they are often "getting spanked" by the board, and this is kind of their way of getting even.  (Just my guess, I dont work for VA)  

If you do use a BVA decison, rather than cite the BVA decision, instead, cite the presidential decision cited by the Board.  

Edited February 22 by broncovet

[Lemuel]

My experience is the same as Bronco's.  I subscribe to the Federal Circuit Court decision emails.  CAFC.  Most decisions are not "precedential".  They can be cited but do not carry any weight in a higher court appeal.  But you can find precedential citations in them.  Cite the quote of the precedential citation within if you use them.

The citations always are followed by quotes or findings in the precedential citation.  Just because a case is cited does not mean the decision was based upon the citation.  The citation can be referenced only to say the court is going another way with its own reasoning and citing other decisions.  Do not work too fast.  Make sure you understand the full context of any decision cited.  

If you cite a decision that does not apply the Courts seem to also note it and explain why it does not apply.  So citing something that does not apply can work against you.

Edited February 22 by Lemuel
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