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Clue Claims In Bva Decisions

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Guest Jim S.

Question

;) Has anyone, while researching BVA decsions, ever come up with the topic, that show cases that Vet's have won, rather than have to go through hoping to find some. Or is it a lost cause, because they don't list such claims, that Vet's have won or been remanded.

Sorry to be such a pessimist, when the VA is concerned, They don't harbor any optimism, when you think about it. Here is an Agency, that was created to help Veterans receive benefits due them, yet they set it up in such a way, that you cannot hire an attorney to represent you, until after the BVA has denied your claim. Further they make it as near as impossible as they can, to show how the VA has made an error with your claim or the way they seem to decline claims for no earthly reason whatsoever.

I sometimes wish they would do a study on who gets promotions at the VARO, to see if more raters are promoted for denying claims than those who approve claims. I know they will never do such a study, but it would be interesting just the same.

Jim S. :lol:

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I have posted at hadit links to many actual CUE claims and other types of claims that succeeded at both the BVA and the CAVC level.

I try for the claims under 2005 first at the BVA web site or CAVC and then put PTSD or TDIU, and then granted into the search button.

It can often takes hours to find something that is a specific example to use, yet those sucessful claims are certainly there.

This year at the CAVC one of the best claims was a CUE won by a widow

which I posted somewhere here or on the old board.

Some of the 2005 CAVC cases were just awful-they didnt have a chance from the git go- and yesterday I found a claim at the BVA from a wannabee!

The vet had represention-DAV or AL- listed countless conditions that he wanted SC for, some due to his service in Vietnam and exposure to AO.

Other involved horrific events from combat there.

The problem is that the veteran had NO Vietnam service whatsoever, as the BVA had found, and here this claim wasted time from VARO and BVA adjudicatorsas well as some SO who probably never read the guys DD 214.

I laughed at some of it but then I got angry thinking how -even though he was only a slice in the stack, still he wasted time from legitimate vets.

And what is really bad is that this guy falsified documents-obviously- because the 21-526 clearly states you are attesting to the truthfulness of your statements.

If I can find it again I will post it-

I wonder if the guy would have the nerve to clog up the CAVC with it.

Berta

Edited by Berta
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  • HadIt.com Elder

What catches the public's eye is some poor vet in a wheelchair with a wife and baby living in his car. The fact that vets are sytematically screwed over in the claims process does not seem to bother anyone except the vets.

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Jim -

I know that reading all of the DENIALS is a real PITA, but I feel they are JUST AS

IMPORTANT TO READ. In studying the denials we can learn how NOT TO FILE

and UNDER WHAT CONDITIONS CLAIMS ARE DENIED, PROPER PROCEDURES

and much, much more. I do have, under my favorites quite a few CUE CLAIMS that were granted. If you would like just private email me and I will try to send them to you or URL's.

Best to all, carlie

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