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Past Ro Mistakes

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SLEDGE

Question

Greetings,

Big, multipart, generalized question.

I'm curious about the RO and BVA not siting the evidence and, of course, not discussing the evidence.

When that happens, is the decision incomplete and of no weight or force?

Does the decision count?

Is the decision appeallable?

Upon winning the award at a later date, will the effective date of the compensation be the date of the original claim filing, (after the claim is later, finally won)?

Does [not appealling an incomplete decision within one year] nullify the original effective date on a later winning appeal?

When nothing is explained in the decision, does that lack of information constitute a CUE?

Bear in mind that the RO has never informed the claimant of the claimant's appeal rights -- in this case.

sledge

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I couldn't sleep so I thought that I would make a few comments on this thread.

I have been in the VA system since the early 70s because I had 20% via a MEB at discharge and then later starting going to the VA for just a few visits.

I started out in the VAMC in small town and most of the docs there were outside contract docs with a few VA ER & misc. docs on staff. Veterans were really treated as second class citizens back then.

The basic system was worse back then in my opinion ... the VA & private contract docs at the VAMC stabbed you in the back .. but the VARO folks were pretty good people. .... The opposite is true for me today.

I started going back into the VA system in bigger city in mid 1998 and in mid 1999 filed for increase in my original physical disability and filed for PTSD also.

First of all ... I really lucked out in the bigger city and got into a super primary group and also got a super MD shrink.

The bigger city VAMC & VARO was super slow and took 2 years to get all my records .. but when they did .. my claims went through very fast. The VARO was also very good at "Duty To Assist In The Claims Process"

But things starting changing big time in about 2001 and have been going downhill ever since.

My VAMC is still good, but getting very understaffed and very overloaded and employee moral is getting bad too.

And the VARO will do just about everything NOT to grant a claim today.

Many have said that the .. VA DOES NOT HAVE A MAXIMUM BUDGET FOR CLAIMS .. and all valid claims are rated and paid .. no matter what the VA main budget amount is.

Well, I just do NOT believe that anymore ... I really do believe that the VARO has a .. UNOFFICIAL BUDGET FOR CLAIMS .. and that budget is getting tighter by the day.

Now, this all depends on (1) what doc you get and how he medically evaluates your disability and where you are located and what VARO has your file. I do believe that the VAROs are really tightening up.

The new Iraq & Afghan & etc. veterans will get good treatment at first (while Iraq War 2 is still in the spotlight) ... then a few years down the road, they will get screwed worse than us.

THE BIG TRICK WE HAVE TO WORRY ABOUT IS BEING "PRIVATIZED" ... BY A POLITICAL ADMINISTRATION TEAM ... LIKE STEVE BUYER WANTS.

GOING "PRIVATE" SOUNDS GOOD AND WE ALL WANT THAT ... BUT IN A .. "BC/BS TYPE SYSTEM" .. AND NOT REALLY ANOTHER VA (THAT IS PRIVATIZED IN NAME ONLY) .. AND RUN BY BIG BIZ AND/OR POLITICIANS.

Contrary to most popular beliefs .. we do not have the best "overall general medical system" in the world and ours cost up to 5 times more than others that are on par with ours.

1 out of ever 6 dollars in US is spent on healthcare .. and making it "AGAINST THE LAW" to negotiate with drug companies for medicare drugs just continued to raise the cost.

Then ... giving the seniors a zillion different .. "insurance co. middleman" .. drug plans to pay for the exact same drug that Canadians can buy for 50% ... is criminal, in my opinion. We used to call that "price fixing".

This country and our medical system has been "sold out" and "spend broke" and we will pay for it and the troops & seniors behind us will suffer even more than we will.

Medicare, medicaid and Sec. Sec. cuts were in last budget cut proposal last week.

So much for my mindless babling .... meds are kicking in now .... time for bed.

...Magoo .. aka .. Bill ... :lol:

.

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