Cushman V Shenseki

[Berta]

http://www.vawatchdog.org/09/nf09/nfaug09/nf081409-1.htm

A thought on this important case (which Larry Scott suggested every single VA claimant read over)

When the VA fills out a I-8 and authorizes a claim to go to the BVA-I feel the I-8s could be instrumental in an argument over lack of due process that hinder a proper award.

The I-8 form asks the raters specific questions like-

did the veteran receive a VCAA letter?

did the RO consider all evidence of record?

Stuff like that-

and obviously the VA will mark the I-8 check boxes in the most favorable way- regardless of whether they handled the VCAA letter or evidence right in the first place.

Although this is not the same situation as Cushman was in-whereby the VA altered something in his med recs-and he proved it-

isnt a deliberate documented indication that the RO followed the specific steps as outlined in M21-1 for appeal certificate-but they didnt-

a violation of due process as well as violation of established VA case law and regs?

[halos2]

Allan, You are so right with your assumptions. It is a joke when you go to the varo and they walk around like they own the place and you are a degenerate.(I am speaking for/about myself) I look at some of them and wonder how in the hell they got their jobs. Not only do I know I am more intelligent then the majority of them, I have 3 degrees to prove it!

No I am not saying you need a degree to be smarter then them, but they can't even use the English language/spelling in a proper form. It is pitiful when you have people deciding your claim who:

1) Do not know anything about medical terminology/medical conditions, and yet deny claims based on medical evidence and diagnoses;

2) Do not know/or follow the proper procedures according to the regulations;

3) Make decisions either based on quota or bonuses...

[How can you punish the VA? By taking money

way from the institution? That will hurt veterans.]

How about fine & or imprison those who commit the act.

The FBI needs to get involved with arresting & fining those criminals, just like they do when they arrest veterans for their crimes.

Stop the individual, not the agency.

The agency is allowed by congressional members to do as they wish.