SaintX Posted July 24, 2010 Share Posted July 24, 2010 Not sure if anyone has noticed the new MO that the VA has set forth. Please be sure to check your VCAA letter thoroughly. Read it over and over and again. They are now picking through the Regs to make the Denials fit. Not fully reading the C&P exams or reading them and choosing to exclude the parts that are in your favor. I've had this happen and now my NOD is in. I don't think they will like the letter and it will be apparent that they will try to deny something else or lowball again. Remember READ, READ READ!!! Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted July 24, 2010 HadIt.com Elder Share Posted July 24, 2010 Whats a new MO. They have always done this. Not reading a exam or reading only a part of an exam is commonplace. Many ask leading questions to the examiners in order to receive a spacific answer. It happens. J Link to comment Share on other sites More sharing options...
Berta Posted July 24, 2010 Share Posted July 24, 2010 Yeah John is right- I received an improper VCAA letter in 2003. It did not comply at all with the VCAA regulations.The vet reps who insisted I was wrong are Gone from that vet org. I raised a ruckus at every level I could. I also personally told Congressman Filner ( H VAC) that ROs were deliberately creating the remand backlog by defying the VCAA and they had turned this DTA right we have into a VA scam.The BVA web site bears out how many claims have been held up due to illegal and prejudicial VCAA letters. This have changed for the better in that respect but still-if they think they can get away with a non complaint VCAA letter they will. The BVA found my VCAA letter was non comp[laint but that my probative evidence had mitigated the damage, So I didnt get a remand for a proper VCAA letter -I got an award. The vet reps I had who insisted my VCAA letter was proper and I didnt have right to complain are no longer with that vet org. I can only wonder how many non complaint VCAA letters the RO sent our to their POA vets and widows knowing that even this orgs director didnt know what a compliant VCAA letter really is. "Not fully reading the C&P exams or reading them and choosing to exclude the parts that are in your favor." Been there on that one many times- you fight them back with what they excluded.They excluded 6 words from a C & P exam I got once that-had they not done that- would have awarded that past claim much sooner. I am still angry about how manipulative they were in past SOCS, SSOCs I got. If you have the medical evidence however, their manipulation wont work forever. Link to comment Share on other sites More sharing options...
SaintX Posted July 24, 2010 Author Share Posted July 24, 2010 I probably used the wrong word "New", which I suspected has always been going on. The point was for all folks to please read. I have a "very close" person who works there and they inform me of what new is coming down the pipeline. They also agree that in terms of not doing the right thing, they also believe it's done at the Rater's point and whoever is signing off has been schooled on the process. Again my point was for everyone to read those because another friend of mine had the same thing happen to her and she was about to just "let it go" she was tired of fighting, but with the help of HadIt, we put it all together and she got the award. Link to comment Share on other sites More sharing options...
Moderator pacmanx1 Posted July 25, 2010 Moderator Share Posted July 25, 2010 I probably used the wrong word "New", which I suspected has always been going on. The point was for all folks to please read. I have a "very close" person who works there and they inform me of what new is coming down the pipeline. They also agree that in terms of not doing the right thing, they also believe it's done at the Rater's point and whoever is signing off has been schooled on the process. Again my point was for everyone to read those because another friend of mine had the same thing happen to her and she was about to just "let it go" she was tired of fighting, but with the help of HadIt, we put it all together and she got the award. Jbasser and Berta are right; VA has always played games in denying veterans their claims. If you stick around Hadit for a while, you will find out that we encourage veterans to not give up. That is what VA want veterans to do but we have to get so irritated and pissed off that we have to do whatever we have to do to learn how to fight VA. We have to learn how to read the CFR 38 part 4. I think I heard it on one of the SRV shows that in order for a veteran to win his/her claim, s/he would almost be like a doctor but I would add that s/he would be at least like a rating specialist, a VSO, an adjudicator or maybe even a DRO. I do agree that veterans need to read their VCAA letters and their rating decisions thoroughly when they come from VA. I think in most cases VA will give the veteran enough information to write a good rebuttal to their decision. Link to comment Share on other sites More sharing options...
HadIt.com Elder john999 Posted July 25, 2010 HadIt.com Elder Share Posted July 25, 2010 One thing I notice when I have filed claims in the past is to make sure the VCAA letter address every disability you are claiming. If the VCAA letter does not mention all disabilites claimed it probably means they have not done development on those claims. If you file a claim for six disabilites make sure the VCAA letter lists each and every disability. If it is not listed in the VCAA letter then the VA is probably not working or even considering those issues. The VCAA letter is supposed to be a road map for the vet to win his claim. I have yet to get a VCAA letter that meets that standard. As I understand it the VCAA letter is supposed to tell the vet specically what is needed, and not general bs. By this standard most VCAA letters are inadequate. Link to comment Share on other sites More sharing options...
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