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Berta: I Keep Thinking Their Behavior In You Claim Is Criminal
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Guest Jim S.
Berta: I know this is just repeticious of what you are talking about, but I just cannot see how your VARO or BVA did not consider the following, knowing that they had the evidence which was in your favor and failed to take it into concideration and not bring this evidence to the attention of their Dr. providing a IMO of your claim. It appears to be an intentional act and theirby criminal neglagence on their part.
[The Board must base its decisions on "all evidence and material of record," 38 U.S.C. ù 7104(a), and must provide a "written statement of [ its] findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record," 38 U.S.C. ù 7104(d)(1). See Douglas v. Derwinski, 2 Vet.App. 435, 438-39 (1992) (en banc), vacating in part on other grounds, 2 Vet.App. 103 ( 1992); Gilbert, 1 Vet.App. at 56-57. Pursuant to these statutory requirements, the Board must "account for the evidence which it finds to be persuasive or unpersuasive," and provide reasons or bases for rejecting evidence submitted by or on behalf of the claimant. Gilbert, 1 Vet.App. at 57.]
I keep thinking about the Veteran who was diagnosed as being Paranoid, but just because you think people are out to get you, doesn't necessarily mean they aren't. As I have stated before, as more and more people become de-sensatized to violence as a way of resolving problems, the VA had better take notice that the odds are running out on them, when someone decides to make those at the VA suffer for what the Veteran may proceive as a deliberate act to injure them and/or their fainily.
I found this tidbit while researching for claims at COVA dealing with failure to give reason and basis for their decision. Their were about as many remands as their were affirms, in the cases I read.
Jim S. B)
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