John999

[Philip Rogers]

Teac - thanks for your response! The Law is not the bible and must be interpreted the same, that's why we have the appeals courts and the CAVC. I think this needs to be taken to the court, and further, if necessary. They VA is supposed to apply 38 USC and CFR in the same manner. Wac points to other parts of 38 USC 1114 where it uses the word combined, yet it is not used in the "s" decisions. I believe that is, absolutely, intentional, which is why I'm arguing this!!!

pr

I see what you are saying.. but I think it was just a fluke.. Consider the ratings for pulmonary conditions, and that veteans can't have seperate ratings for asthma, Copd, sleep apnea.. etc.. Yet I have found a few BVA cases where veterans have seperate ratings... Who is right who is wrong.... the problem is everyone reads the rules but have different understandings of what they mean.. I mean really.. there is only one Bible but look at how many different religions exist because people just can't agree on what the Bible really says... and just when you think you have an answer even the various va books are not consistent.

[Teac]

Teac - thanks for your response! The Law is not the bible and must be interpreted the same, that's why we have the appeals courts and the CAVC. I think this needs to be taken to the court, and further, if necessary. They VA is supposed to apply 38 USC and CFR in the same manner. Wac points to other parts of 38 USC 1114 where it uses the word combined, yet it is not used in the "s" decisions. I believe that is, absolutely, intentional, which is why I'm arguing this!!!

pr

Philip I agree but, BVA and the Veterans court of appeals are part of the problem. Because the BVA only deals with one issue, and one decision maker at a time, different veterans get different results because of the way the decision maker reads the rules, the veteran court is much the same. Only when we get to the federal courts do we see some of the VA's poor decision making, and poorly written rules get thrown out. In the example I cited, I have read hundereds of cases where seperate raings for COPD, asthma and sleep apnes were denied, while I have found one that grants seperate ratings and with a good explaination of why, however it is one opinion among thousands,,, so who was right... Congress needs to do a better job of saying what they intend, and the va needs to do a better job of writing the rules. And veterans need to be mindful that just because they find one case that supports their opinion, while it may be encouraging, usually doesn't make it correct.