BVA Claim

[Ken Dillon]

I have a claim that is currently been sitting at the BVA for direct review for that last 2 and half years. Recently received a email telling what my docket number is, with out asking. So now anyone have a guess when that claim might been by a judge? 

[Lemuel]

@Vync  38 CFR 20.1000 is not only about CUE.  It is just about having a hearing not done right for one of several reasons.  38 CFR § 20.1000 Rule 1000. Vacating a decision - Code of Federal Regulations (ecfr.io)  Vacating a decision is based on a "denial of due process" is the foundation.  If your "recognized rep" does not do a brief or appropriate motions it becomes a denial of due process.

[Lemuel]

9 hours ago, Vync said:

@Lemuel When I found out that my VSO was supposed to write a brief, I asked them about it. They said they didn't have a copy. I'm going to email them so I get it in writing. If they deny having one in writing, I'll file a complaint with them so they don't hose up any other vets in the same way. I hope they didn't simply write their brief and say, "see attached"...
  About 10 years ago, I had a different rep from my VSO for my DRO hearing and they were familiar with the case. That guy retired otherwise I would have asked for him specifically.
  I doubt I could get a legacy review. The initial decision I was CUE'ing was from 2000. I did not file the BVA appeal until January 2021 because the VA was lost. They spent about six or seven months trying to figure out what form I needed to submit a CUE on, plus it was initiated after AMA went into effect. I was hoping to get a 20 or 30% rating, but they rated me based only on max ROM instead of where painful/limited ROM was objectively measured. I can send you redacted copies of the C&P to review and get your thoughts, but did not want to send them without first asking.

Send them by message or ask for my email address by message.