BVA or File New Claim with Approved LOD

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TopSecret

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I have a 100% VA, so back pay/near future pay is not at stake in this question.

About a gagillion years ago, VA denied one of my claims and I filed an NOD. Fast forward a gagillion years and the Statement of the Case just arrived in my mail box. So here is the question: Should I file the appeal, or wait a gagillion more years for my LOD (formal) to be approved and then just file a new VA claim? The investigator found in my favor quite some time ago, but we all know how the Guard is at completing LODs.

My preference is just to keep fighting the LOD battle and then file a new VA claim once the LOD is approved. Am I risking any VA rights with this tactic?
 
Letting the issue drop would be primarily an issue for the backpay issue. Its harder to reopen an issue once its lapsed, you either need to show CUE or worry about new and material evidence. It is unclear why you would want to reopen the issue, but if you do, its better to not allow the issue to drop IMO. The primary benefit I see in making sure this is decided correctly is using the VA determination to help out the LOD, but you said the investigator already figured that out and you don't think it will effect backpack, so not sure why the VA determination matters to you. If not likely to be a factor for dependent benefits (thinking DIC) and should have no bearing on VHA since you're over 50%.

If there is any benefit, I would file the appeal. Letting an issue drop when they're wrong would make me very uncomfortable. It is worth noting that 100% isn't the highest rating possible, and its possible the guard ends up FUBARing your LOD, so I see two CYA reasons to keep the issue alive.
 
Thanks for your opinion. I don't want to let the issue go for resilience purposes. Both the VA and Social Security have messed with my benefits in the past (due to their errors), and I want to make it harder for them to arbitrarily hurt me. In other words, I want to limit the future possibility of having to defend my benefits. And as I always tell the Guard, I have no idea how the rules will be changed in the future, so let's just do it correctly now.

A VA rating absolutely will not help the LOD. It took me 4 years to get the idiots in the Guard to initiate LODs on my rated conditions, which I don't even need, and after success with the investigator, every douchebag authority above him has overruled his findings and then purposefully delayed the process. So much so, that I'm now headed to court. Maybe a VA rating will speed up the issue in front of ABCMR or the court? It definitely couldn't hurt I guess.
 
Yeah, the VA can't force them to do the right thing. What it does is illustrate how weak the guard's position is when another government agency disagrees with them. The court is basically trying to figure out who is right, you or the government. You're expected to disagree, but when the government disagrees with the government? Ummm. . . Once you finally elevate the issue past the guard and the issue is in front of someone who can force them to do the right thing, it can be pretty darn helpful.
 
"... but when the government disagrees with the government?" Ha! Every once in awhile someone on this forum puts out such a great line, I actually end up keeling over in laughter. Today it was you.
 
A government lawyer who has no part in the decision who has to go out there and try to argue the government's position. The guard saying its not LOD is a government position. So is the VA saying it is LOD. How is the lawyer going to argue both positions? How is the lawyer going to say the government is right in this instance and still right with the other? Lawyers are known for some logical gymnastics, but that is beyond flexible. It is so spineless it has the flexibility of a puddle of piss.

For some decisions, for example VA IU and SSDI, the lawyer can at least talk about there being different standards. It helps a ton having one answer set, because they are so similar, but not quite a slam dunk. The VA and the guard have the exact same standards for determining LOD. The VA coming out in your favor, should make it a slam dunk. The fact you're still fighting out the LOD issue makes the VA determination valuable.
 
You are making so much sense, and yet look at all the difficulty Daniel Dresen is having. He is VA rated for a condition that the Guard found to be Not in the Line of Duty, and yet he is still struggling in court and can't get before the ABCMR.

So in other words, it's only a slam dunk if one can afford a good lawyer.
 
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