14 BVA Responses To Your Denied Appeal

BVA responses are tricky.  When considering a potential response to a denial, I like the idea of looking for errors.

Here are a handful of common errors Veterans can use to reverse their denied claim:

  • BVA failed at identifying the correct issue,
  • The Veteran was never advised or encouraged to submit additional evidence,
  • Improper notice as required by Rule 5103(a),
  • A clearly erroneous finding of fact,
  • An error of law,
  • VA didn’t assist the Veteran,
  • BVA relied on their own medical opinion,
  • An ignored secondary injury,
  • Non-compliant remand order,
  • BVA failed to reopen the case when they had new evidence.
  • Symptoms experienced by Veteran were incorrectly balanced,
  • Disability rating was not applied to separate symptoms, and
  • Diagnosis errors.

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