Clear And Convincing Evidence

[allan]

Clear and Convincing Evidence

When all the evidence is assembled, the VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether the fair preponderance of the evidence is against the claim, in which case, the claim is denied. 38 U.S.C.A. §5107 (West 1991); Gilbert v. Derwinski, 1 Vet.App. 49 (1990).

[Pete53]

Derwinski was one of the biggest hacks who ever was Secretary and was the first obstacle I faced when I got in the System. Some of the jewels he used as management.

Every appointment was set for 9 AM in morning and you could wait till late in the afternoon to be seen.

Sick and old Veterans were left half naked on gurneys in hallways near the clinic with sometimes just a sheet for hours.

If you were not Service Connected or at least 50% good luck being seen.

You could be seen if you agreed to do studies for VA.

[allan]

It wasn't until Clinton took office before there was any changes to the nasty situation this country left their vets in.

I have hope that drastic changes may happen under the new administration.

But if theres any federal agency that will fight to no end before it changes it's old ways, it's the DVA.

[bbknor]

I know I was one denied treatment. Been waiting to hear from the Madison Wis VA since 91. (by the way just received my c-file) read that they weren't treating vets with less than 50% at the time. I was sitting at 0% hell still am. What the.... Anyway aren't we all Vets. Ended up paying for the knee surgery myself.