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Recent Cases Help Advocates Detect Va Errors


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6 replies to this topic

#1 broncovet

 
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Posted 04 July 2012 - 09:09 AM

Its from the MOPH and definately worth the read.
http://www.purplehea... CAVC Cases.pdf
To summarize, for those who want it simplified:

1. Dont let the VA make even subtle medical conclusions...rating specialists are rarely M.D's and neither are judges.

2. Dont let the VA deny you on the basis of unclear medical reports. The BVA needs to ask for clarification and not just assume they dont meet VA standards.

3. Frame your claim broadly. Instead of asking for PTSD, ask for non specific mental disorder including PTSD and other mental disorders. If the VA denies your PTSD because your doc diagnosed you as Bi polar, then you can argue that the VA should have considered other mental disorders, as the Veteran cant be expected to self diagnose medical conditions.

4. Dont accept a doctors negative, unexplained opinion without rationale. Since the Va can deny you if the examiner does not say "why" your condition was related to service, then you can demand to know "why" the doc said your condition was NOT related to service. Fight fire with fire.

#2 SpcDearman

 
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Posted 06 July 2012 - 12:03 PM

HA!!!!!! Thank you so much for this. Chime in guys if I am doing this correctly or not. I have been placed in pending decision for bilateral shoulder,knee, and one lung condition that was diagnosed in the military. On my shoulders, the test that was done (MRI) was done without arthography. I am not going to bring this to their attention until my initial claim is done. I believe that I will be low-balled on this shooulder claim. I have had approximately 7 instances where I went to sick call on a vehicle rollover and they did nothing for me while I was in. Should I simply let the process go and then file for an increase? I dont want this to go back to review of evidence again. I see how the backlogg at the Waco VARO is. Also, I had no exit dental exam upon ets and I see that my dd214 specifically states this. Dont I apply for one more dental visit due to this?

#3 Notorious Kelly

 
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Posted 07 July 2012 - 06:12 AM

Great advice, vet.

That fighting spirit is what get's things Won! Posted Image

#4 Pete53

 
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Posted 07 July 2012 - 02:12 PM

Does the Veteran have to list to the VA the dates that there is medical treatment associated with the request or is it the VARO who has full access to VAMC Medical records to find them on their own?

#5 carlie

 
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Posted 07 July 2012 - 02:22 PM

HA!!!!!! Thank you so much for this. Chime in guys if I am doing this correctly or not. I have been placed in pending decision for bilateral shoulder,knee, and one lung condition that was diagnosed in the military. On my shoulders, the test that was done (MRI) was done without arthography. I am not going to bring this to their attention until my initial claim is done. I believe that I will be low-balled on this shooulder claim. I have had approximately 7 instances where I went to sick call on a vehicle rollover and they did nothing for me while I was in. Should I simply let the process go and then file for an increase? I dont want this to go back to review of evidence again. I see how the backlogg at the Waco VARO is. Also, I had no exit dental exam upon ets and I see that my dd214 specifically states this. Dont I apply for one more dental visit due to this?


Start a new topic in the forum that goes with your info and questions.

#6 Stretch

 
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Posted 07 July 2012 - 10:22 PM

Great info Bronco...

#7 retiredat44

 
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Posted 08 July 2012 - 11:39 PM

the problem is there is no oversight, at least at the local level,, the people who run the claims system at the local level and do whatevert ehy want... and there is no one to answer to...

if they rubbeer stamp denied, you can only try to get it to the BVA, and hope that they reverse the lies and bogus decsions...


I just don't see honesty and integrity at the local level...
I can only hope there is justice at the BVA...
Until then, nothing can be done...

the inmates run the asylum..

It is very surpising there are not more suicides from disabled vets who lost hope in the system... corrupt bastards..