SECOND QTR 2014 BVA DECISIONS ARE OUT


downloadThe BVA has just released their second batch of decisions for 2014. There are very interesting reads in the Hepatitis C decisions. Please review them if you have pending claims as they will give you great insight into the latest denial tactics. One thing that disturbs me is that they reflect a large number of VSOs are still unacquainted with the Caluza vs. Brown decision of 1994. That was the seminal decision that finally clued us all in on the need for a nexus letter. Many decisions you will read are devoid of this crucial document needed to win your case. 

Additionally, I see a Vet has won SC for Dupuytren’s contracture. This is the first case I’ve seen so it is a valuable tool for us.

I hear many Vets and attorneys alike opine that BVA decisions are not precedential or binding. VA often states as much. The truth is that if you submit it, it becomes evidence and has to be considered in a general context. VA is not free to ignore their own laws. You can insert these and VA is required to “take notice” of them judicially and give them a once-over. It’s one more tool in the box to utilize so keep that in mind. It may pay out dividends at the CAVC if you end up there.

 

 

About asknod

VA claims blogger
This entry was posted in BvA Decisions and tagged , , , , , , , , , , , , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s