Dwayne Moore V. Eric Shinseki 2007-7306

[deltaj]

This is a great case that says V.A. must obtain all service records prior to making a decision on the severity of the veteran's mental disability. Could someone put up a link to it?

[Berta]

http://search.uscourts.cavc.gov/isysquery/...dc535bed/1/doc/

[broncovet]

Delta pointed out the good part of the decision..here is the bad part:

Altho the Veteran "won" his point that the VA has to consider all the medical records, his case was remanded (back on the hampster wheel). The net effect of this is as follows:

When the VA does not follow regulations, the Veteran bears the burden with additional delays. There is simply no penalty for the Va to fail to follow its own regulations, and there is no reason to see them start doing that anytime soon. This is a terrible injustice. Even when the Veteran wins, he looses, and is subject to even more delays. Even if the Veteran ultimately wins his case, he still winds up being forced to make an interest free loan to the VA of money that is rightfully his.

[Pete53]

Actually a remand is not always a bad thing as the BVA sends instructions to the RO about what it wants them to do. Many remands end up being an award a few months down the road.

[allan]

few vets win on remands.

Broncovet is correct. The VARO's will not likely follow their own laws or what the BVA instructs them to do.

A remand after a vet has had a favorable C&P or IMO turned in, will likely open the door for doctor shoping opinions by the RO's on remand. You can almost bet money the VA's IMO from their contractors will not be favorable putting the Vet in a position to obtain yet another IMO. When the BVA recieves that one, it will be remanded back to the RO, not to award, but will likely obtain another unfavorable IMO to deny with.

There are two years or more between these actions stringing claims out for decades.

While i'm here. I would like to apoligize for being a jerk to you the other day broncovet.

Allan

[deltaj]

This is a great case that says V.A. must obtain all service records prior to making a decision on the severity of the veteran's mental disability. Could someone put up a link to it?

The case I listed was the federal circuit case. Thank you Allan for posting this link. The case you posted was the lower court which had one brief quote from the federal circuit case. Could someone post the link to the federal circuit case.

[allan]

Thanks delta, but I think it was Berta or Broncovet that posted the lower case.

United States Court of Appeals for the Federal Circuit

MOORE v SHINSEKI

http://www.cafc.uscourts.gov/opinions/07-7306.pdf