Consideration Of Age

[deltaj]

A recent issue of DAV's magazine mentioned a case of clear and unmistakable error where V.A. incorrectly made sort sort of determination that the veteran had been unable to find work because of age. There is a V.A. regulation that V.A. is not supposed to consider age in claims. A representative of DAV used that regulation in a winning appeal since V.A. is not supposed to use consideration of age in the claims process. Does anyone know of any winning cases where V.A. improperly considered age? Does anyone know of the regulation number that on consideration of age I am referring to?

[darkhorse]

Yes, that's a good point and I feel the same way that the VA does use age but will never admit to it.

DH

I think that the use of age in denying things like P&T happens, but it is like many forms of discrimination. You may know that it is going on, but you can't prove it, and the VA will never admit it. I think the use of statistical study might show the VA does use age as a factor in claims. A PTSD vet who is 22 years old may get IU or 100%, but I bet most cases the shrink will say there is hope for recovery, or improvement etc. If you are 60 year old PTSD vet with IU their realistically probably is not much hope of going back to work because no one will hire you anyway even if you could work. Age is a factor and we all know it, but the VA is not supposed to use age. They are supposed to go by the medical facts of the claim. Does anyone doubt that the VA is reluctant to give a 21 year old permanent and total for a mental disorder unless the vet is stark, raving mad. I was 21 when I got out of the army. I could not work. I got 10%. I think age played a big part in my claim. Having long hair, and being a communist in the eyes of my VA shrink helped kill my rating as well.

[Stretch]

http://www1.va.gov/advisory/docs/MinutesDi...n4-6-7-2009.pdf

DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON DISABILITY COMPENSATION

The Committee agreed that it would like to hear from an expert from the Tiger Team (which is located at the Cleveland Office, has been in place for over five years and adjudicates, among other things, claims of veterans over the age of 70 and those who are determined to need expeditious treatment such as those claimants who have terminal illnesses), regarding its workflow model, how claims are expedited and how the regulations are liberally applied.

[john999]

The Tiger Teams, AMC and all the rest of that jazz are just places to send claims to pretend action is being taken instead of just doing good claim development at the VARO and making good rating decisions. They just pass the claims around in a circle to pretend they are working and to keep the boss off their back. If real change is going to happen at the VA it will come from the bottom up. Even vets who disagree politically probably agree that the VA sucks. The DAV had a million vet virtural march on Washington. That hit with a thud. Everyone knows the VA claims system is a failure, but there are so many vested interests in keeping it that way. All the VSO's support the current system in one way or another. I write my congressman about it and I get back some platitude about taking care of our heros. Maybe when the backlog hits 2 million they will do something. Probably they will redefine the meaning of disability instead of taking care of the disabled. Whatever is cheaper is what rules their decisions. The VA puts dollars before our lives every time. Congress is their master so the problems start there.