Research

Question:

I reviewed some written legal decisions online but am unable to find the website again. Can you tell me where to find written legal case decisions regarding Veterans' cases who were granted and also denied Veteran disability benefits? Thank you!

Jim's Reply:

 

Good on you for looking up these decisions. This is hugely important and most vets skip it or hand it off to a 'rep' who they don't know. We have to play by the rules to prevail even though it may feel like VA doesn't. The first step is to know what those rules are.
 

Keep in mind that BVA decisions do not set precedent so you can't cite a case similar to yours and be done. You'll have to do what the veteran who won did all over again and even that doesn't guarantee anything.
 

Go here to search BVA decisions
 

That link will take you to the BVA home page and you'll see the search link in your browser. I like to keep my searches there brief so I choose only one year at the time. It can be a bit overwhelming if you seek too much.
 

I also use The Federal Register when I need to learn a bit about how a rule was promulgated or modified way back when. It's (sadly) a part of my daily morning reading fix and you can find a lot of interesting things about VA and the rest of your federal government tucked away in their archives. Go to https://www.federalregister.gov/ and work your way through the menus to see topics about VA. You can filter that for dates and so on.
 

You're correct if you're thinking that anyone who reads The Federal Register with their morning coffee must be a bit...focused. All I can say is that if you're a Tolstoy fan, you'll enjoy our Government Publishing Office. 
 

Finally there is 38 CFR Book C, Schedule for Rating Disabilities This set of documents is usually up to date although it can be complex with a lot of cross referencing. It's an indispensable guide to knowing what your rating should be.
 

You're now as well armed as Sun Tzu and ready to take on VA about your claim. Good luck sir.

 

SIDE NOTE FROM STATESIDELGEAL: 

Jim has given you some really great resources! If you're still having trouble finding where to search BVA decisions, you can find the BVA "Search Decisions" page here. Once on that page, just type your search words into the search bar and it should pull up any decision with those terms.


Source URL: https://dev.statesidelegal.org/research