Terry-is This The Cavc Opinion

[Guest Berta]

http://webisys.vetapp.gov/isysquery/irl3819/5/doc (Belin V Derwinski)

"In his motion for remand, the Secretary confesses that the Board of Veterans' Appeals (Board or BVA) erred by failing: to state adequate reasons or bases for its denial of the veteran's claim; to discuss certain applicable regulations, including the benefit-of-the-doubt doctrine; to explain its basis for implicitly rejecting, without discussion, statements provided by the veteran, as well as medical evidence provided by the veteran to support his claim; to require a more complete medical examination; to provide a medical basis for its own medical conclusions; and to consider the value of an independent medical opinion"

Sprry -I forget what topic this was posted under-

[Guest Berta]

Yep- I meant you Terry-

and your statement:

"Veterans are subject to this abuse because there are no consquensis, ennforcement authority and no one for the vet to go to for relife"

is profoundly correct!

Terry-You know better than I do that it has not ever changed. I was on the Vet Links and Prodigy Vets network as soon as I could figure out what a modem was in 1988, and what you state today reflects what has continued to mystify and assault electronic veterans for decades.

It is an assault, as well as an insult, and is Capricious and arbitrary whenever the VA attempts to circumvent their own regulations.

If we could only go into civil courts with these claims-

we are all smart enough to represent ourselves and present evidence- hell -they make us do all this legal beagle stuff as it is-

we would then have the rights of Discovery and they would have to share those actual C & P results (which many vets still do not know that they have a right to get)with us.

We could call VA doctors as witnesses-I bet that would be real interesting as I bet many would not want their lousy medical opinions in SOCs shared in a public court room.

If we had to have a jury- we could certainly pick juries of individuals unlike the VA-who have no agenda to prevent us from succeeding, and they would be literate too.

And if we had to rely on a judge and /or a jury to weigh the evidence for an award under Benefit of Doubt (38 CFR 3.102) the scale they use would not be paid for and owned by the Veterans Adminstration.

It would be GREAT!

[SLEDGE]

Terry-Berta,

That is virtually word-for-word what the Court put in it's remand back to the BVA in my case in 2004 or 2005, (the memory fog).

It just goes to show that some things never go out of style.

In my educated opinion, it's getting worse.

sledge