Rizzo V Shenseki

[Berta]

Re: this recent case-

Per Larry Scott:

In essence, the Court said that if the VA says their medical expert is a medical expert, then it is so ... unless the veteran can prove otherwise.

This is called the "presumption of regularity" doctrine ... which basically says that what appears to be regular is regular, with the burden shifting to the attacker to show the contrary

CAVC decision and more commentary at:

http://www.vawatchdog.org/09/nf09/nfsep09/nf091009-3.htm

In this case I actually feel the CAVC is right- but I sure dont think this is fair- This is why I stress to knock down the C & Ps, go line by line and do all you can to diminish the credibility of the VA examiner as to their ability to opine with any expertise.I did this many times for the many denials I got since 1995- and of course the best thing to do is the find out what credentials the examiner has (before the C & P if possible) and then get an IMO from a real expert.

Mr. Rizzo’s attorney argued to the Board that Dr. Deyton’s opinion was defective because “Dr. Deyton did not support his conclusion with expert analysis.” This argument, however, attacked Dr. Deyton’s opinion itself – not his qualifications to provide such an opinion. Absent some challenge to Dr. Deyton’s credentials, this court sees no reason to preclude the Board’s reliance on Dr. Deyton’s competence to supply a medical opinion.

As this court has often

[Berta]

http://www.vawatchdog.org/

a few stories down the page with the Docket # ect and a lawyer's take on the decision.

[MikeR]

I have been having the opposite problem, the VA docs are agreeing with me, but the raters are contradicting them.

[cowgirl]

Not Bronco here - but good question, you remind me that I had to learn to focus on whats first, ask questions, get 'my' medical disability claim in, well documented and supported by 'my' records, ask more questions, understand dates and keep active file notes of how 'they' work it - ask even more questions and don't ever let up - all the best...

Cowgirl'up2009!

hsrd.research.va.gov/for_researchers/cyber_seminars/archives/Pay-forPerformance.

References:

Performance Pay – VA Handbook 5007/21, Part IX, section 12

Performance Management System – VA Handbook 5013

Employee Recognitionn & Awards VA Handbook 5017

Broncovet,

I am new to the whole VA system as I am still on Active Duty but can you direct me to where it states that "ratings specialists also have a vested interest in their own bonuses, and sometimes delay/deny Veterans claims so they can get their bonuses."

[broncovet]

MDB1968

Yes, you are new here. Many of us know about VA employees getting bonuses for delaying claims, and other VA scandals.

Yes, I agree the media should get a hold of this. However, the VA is experts at diffusing scandal after scandal after scandal. Stories are here:

1. Employees get bonuses for delaying Veterans claims:

http://www.vawatchdog.org/09/nf09/nfmay09/nf052209-5.htm

2. Shredder Scandal is here:

http://www.vawatchdog.org/VAshredderscandal.htm

3. IT scandal where VA employees stole $24 million in bonuses. (Remember the VA budget money is supposed to go to Veterans, so these employees are, in effect, stealing from Veterans)

http://www.vawatchdog.org/09/nf09/nfaug09/nf082109-2.htm

And there are many more scandals such as the Walter Reed Scandal, the Colonoscopy Scandal, and others. Many of these VA scandals are at www.vawatchdog.org.

Even worse, when you complain, the VA can retaliate against you, such as this widow:

http://www.vawatchdog.org/09/nf09/nfsep09/nf091609-3.htm

Edited September 16, 2009 by broncovet

[MDB1968NM]

WOW....talk about not realizing!!!!

Thanks again for the links.....VERY SURPRISING READING!  I appreciate you all helping educate me on what is out there.  It never ceases to amaze me just how much I DO NOT know!  I also thank you for pointing me in the direction to look it up for myself....some forums "Flame First, Ask Questions Later" and that has NOT been my experience here at all...again thanks!

Well I certainly have a bit of "light reading" to do!

[Pete53]

WOW....talk about not realizing!!!!

Thanks again for the links.....VERY SURPRISING READING!  I appreciate you all helping educate me on what is out there.  It never ceases to amaze me just how much I DO NOT know!  I also thank you for pointing me in the direction to look it up for myself....some forums "Flame First, Ask Questions Later" and that has NOT been my experience here at all...again thanks!

Well I certainly have a bit of "light reading" to do!

Thank you and we do not like flaming. Its actually against the rules. If you disagree with another Member we prefer a respectful dialogue and something that points to links and articles or rules or policies that back your point.

When someone is wrong it is important to respectfully state it on the Board cause it can literally impact many claimants.

Thanks for your Post