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Sometimes The Va Distorts Information

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  • HadIt.com Elder
If we are protected under 5th Amendment with VA we don't have to tell them anything that we don't want to.

Actually what I see here is the Court telling the VA that they are not above the law and Veterans have rights.

I think your on to something here, now we have the lawyers looking at this it's going to blow the whole thing wide open. Just like when the AMC rater twisted the words on the C&P to that were meant to bolster the denial. Had to point that out to them.

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I requested my VA MR's a few years ago, and was given an incomplete set. However, there was one copy of a C&P exam that I had last Summer that has false information in it. I read it several times, and noticed several statements that they quoted me as saying that were from two different answers form different psychotherapy sessions to make it look as though I had pre-existing issues, prior to service.

I have been waiting to request a copy of my VA MR's since my claim is at the rating board, but if the information that the rater is using is incorrect, I think that I might go ahead and get the records for my appeal, always plan for the worst case scenario and hope for the best, or better.

When the VA is caught doing these kinds of things they should have their feet held to the fire, and We should be able to be compensated financially for deliberate fraud.

I need to read up on how to ask for an extension to the 60 days to appeal the decision, so I have time to gather more records if they rule against My claim.

BoonDoc

[it was not a 'distortion' as much as the fact that they left out critical wording in a C & P report.That is reallyu the same thing anyhow-I guess-

They used part of the doctor's sentence and forgot the rest of it.]

Berta,

I had the same thing happen to me on several occations. Dr Bash's IMO's were that way. They changed the wording so the sentence meant something else.

Since Veterans benefits now come under 5th amendment laws. Does this mean evidence laws under the 5th apply? Under the fifth admendment, I don't believe evidence can be concealed or altered.

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"The VA has distorted some of the issues in my CUE claim so much I did not even recognize it."

John-this is what they did to my CUE claim too-

It started out simple- I believe a CUE claim should be short and sweet.

Jus stating after This is a claim under CUE, that these are the regs they broke, and this is how those errors manifestedly altered the outcome of the past unappealed denial.

I had 2 no brainer CUEs.

They spent a lot of time manipulating them without considering any of my legal evidence.

Now they are stuck.

My award from the BVA should render a proper accrued SMC decision.

I have written to them and told them this new decision would render my CUE claims moot issues and they now have to rate properly and make a SMC decision.

I also told them it would be another CUE on VA's part if they now send the SMC CUE claim to the BVA.

Due to the recent BVA award I got (which they buggered up too)

And I recently mailed them copy of letter I sent to Chairman Terry and Congressman Filner making this same point but primarily on their erroneous RO award letter.

My claims were with a supervisor for 2 weeks and now with a DRO again.

They listed the BVA decision as evidence in the award but never even read it.

They will do all they can to confound and confuse a CUE issue.

I have rebutted every single thing they said in the last two RO letters I got regarding my CUE claims.

But they dont even have to deal with it- I could withdraw it-

with the proper SMC award based on the recent BVA award.

I explained this to them like they are ten years old.

Because I want it documented in the record (reminded them this too) that the appeal cannot go forward until they render a proper SMC decision due to my recent AO death award.

Due to Nehmer (I have to remind them of that all the time) the BVA decision made their job easy regarding this CUE.

I know the BVA got the point in the letter I sent to Chairman Terry-and I ended the letter saying this is one reason for the backlog-

claims that can be easily resolved at the RO level are sent to the BVA -and then remanded-

and they probably high five any notification that the claimant has died in the meantime.

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PS (I didnt say the high five part in the letter to James Terry-but the BVA knows I gave the VARO my beneficiary info and contact info for my lawyer who has my will- referring to Nehmer and to the fact that Nehmer has rules regarding our survivors and the AO money has to be paid to someone if I die.

We are in a class action John and it gets me angry that VA forgets that)

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  • HadIt.com Elder
If we are protected under 5th Amendment with VA we don't have to tell them anything that we don't want to.

Actually what I see here is the Court telling the VA that they are not above the law and Veterans have rights.

LOL :rolleyes: B) :lol:

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  • HadIt.com Elder

Ok I have a confession to make. After a couple of years of duking it out with the VA I included a short note with some information I was providing. It went something like this:

After due consideration and deliberation I (name of Veteran and C File #) declare War on the VA and any of its agencies and accomplishes including all Service Organizations and the Texas VSO.

Since I am at War anything I do to advance my claim against the US Government and their unfair tactics is acceptable.

I than signed it and sent to VARO and I know it is filed away in my C file in all likelihood never read.

So anyone who thinks that the VA plays fair or has your interest at heart I have a Bridge to Nowhere that I could sell you cheap.

Even though I have won my claim I have not agreed to Peace Terms.

For the above reasons I take particular delight in trying to help Veterans win their claims.

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