Sergeant G

Sad, but you are right on Pete.

If you got on their shit list I dont care how many doctors you got they will find a way to delay and deny.
Each time they make a administrative mistake it will cost you at least 2 years. And, God help you if you make a mistake.
You cannot shame these people.

When they deny your claim:
1. You may die........................................VA Wins.
2. You may get Alzheimers.....................VA Wins.
3. You may get discouraged...................VA Wins.
4. You will lose many years....................VA Wins.
5. You may appeal and win.........YOU Win.

They run the game. They make the rules.
All you have is a single vote. Change enough politicians and you will get some attention.

The VA has to rate you on the criteria listed in the regulations. This is established precedence. Many BVA decisions use the phrase

, "The criteria for xxx condition have(or have not) been met".

The statement means the BVA made a factual determination as to whether you met the criteria, and, if you do indeed meet the criteria, the benefits will be awarded.

You should argue that "the ability to form a sentence" or "organize your claim" is NOT one of the criteria for IU, and, that you meet the criteria because (your doc says you meet the criteria). That is your nexus. No docs nexus, no benefits. Neither YOUR opinion, nor the rating specialist, can make a medical determination, only the doc can do that. If your doc says you are unemployable, then you should pound them with the criteria, pointing out they do not have medical expertise to make a valid opinion of your suitablity for employment, only the doc can do that, and he has done so they must award benefits.

The VA does this on purpose..rates you on "non criteria". The VA can not say, "We are denying your claim because you wore a red shirt, and have long hair, and we dont like people who wear red shirts and have long hair." because red shirts and long hair are not part of the rating criteria. They still rate on non criteria, but we need to call them on that legal error.

Remember, of course, if you do NOT have a doctor's statement saying you are unemployable, you will need to get another docs opinion, such as an IME/IMO or you wont be getting benefits. Your decision turns on the nexus.

if only that were completely true. You can have all the evidence right there laid out for them to include the citing of specific regulation, laws, evidence, and they, the VA, will still regurgitate a denial. It's only when you get up higher on the food chain that you will have the real success. It is all a numbers game sadly. Gotta save a buck to pay for that Bentley. It is a long fight. The war will have costs. But stay true. Stay strong. Kick the evidence, regs, and law back at them. Shove it down their throats until they turn blue, don't stop until their pupils have no life in them and are dead to the rest of the world.

I agree this is ridiculous! The fact you got a copy of the idiots reasoning is amazing usually they "lose" something like that. Have you considered getting your congressperson involved? Good luck to you keep up the good fight Sarge.