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.