Free Discussion

[deanbrt]

No reason now. I wish you a Happy Easter with family and friends, also....

This thread is also being closed.

Deanbrt - If you want to post about your VBA claim issues,

just start a topic on it.

[Bonzai]

I have followed the posts today, and think that GREAT restraint has been shown. Considering that you stated that you were leaving HadIt, due to a post being closed. Well, now two posts have been shut down because of incessant whining. The door is open, please stop trying to stir things up here. It is annoying to say the least. We are all adults here, and are trying to do something about problems encountered with the VA. What a concept: instead of whining about the state of something being, actively pursue endeavors that will make a positive change.

IMHO...

[Pete53]

Dean:

What about don't argue with the Mods don't you understand?

[stillhere]

WOW?

[Tbird]

Well said Bonzai

I have followed the posts today, and think that GREAT restraint has been shown. Considering that you stated that you were leaving HadIt, due to a post being closed. Well, now two posts have been shut down because of incessant whining. The door is open, please stop trying to stir things up here. It is annoying to say the least. We are all adults here, and are trying to do something about problems encountered with the VA. What a concept: instead of whining about the state of something being, actively pursue endeavors that will make a positive change.

IMHO...

[Berta]

I apologize to all here to include Dean because I added fuel to the fire in that recent discussion.

I worked at a vet center in the days when VA had just recognized PTSD as a real disability and those memories never leave me and do make me very defensive over anything that appears negative about Vietnam vets.But I was wrong to argue here.

BUT-as I said it took me hours to find Dean's CAVC decision. I am cursed with the ability (or relentless persistence)maybe it is OCD ? sometimes to find stuff with very few clues and all I had was his posts here.

This is how I won my initial claims- search, search, search..... and then a needle in a haystack can suddenly become bigger than tons of hay.

I was glad to find the case because after I read it- I would be as angry as Dean is and looking for a faster resolve too.

I cant give a link- to respect his privacy:

"In its decision the Board acknowledged that the record revealed that Appellant was receiving SSA disability benefits based upon his ( deleted by me) and that the SSA records were not of record. (RBA at 5; see also RBA at 59, 146-61, 363). The Board went on to find that no prejudice has resulted from VA’s failure to obtain Appellant’s SSA records because they “are not relevant because the question is not the extent to which (deleted by me) impact [his] (deleted by me) but whether those disabilities are related to active service or to a service connected disability.” (RBA at 5).

"Problematically, the potential relevance of Appellant’s SSA records, which relate to the specific disability on appeal, cannot be known absent a review of such records. See Quartuccio v. Principi, 16 Vet.App. 183, 187-88 (2002) (noting that “the possibility that the SSA records could contain relevant evidence . . . cannot be foreclosed absent a review of those records.”); see also Talley v. Brown, 6 Vet.App. 72, 74 (1993) (“the record on appeal is deficient in that it lacks potentially relevant, specific, and pertinent evidence which could reveal information essential to the determination whether relief can be granted to appellant."

I was stunned by this.

The RO and the BVA found no cause to attempt to even get this veteran's SSA records- considering them as not probative yet the CAVC made the point in their legal beagle talk-

that how can the RO or BVA determine they aren't relevant since neither the BVA or RO even read those records!!!!!!!!!!!!!!!

This is where common sense and logic alluded the VA until this case got to the court.

From what I see the SSA records could hold the key to an award.SSA awards contain an Independent medical opinion.

I dont know what Dean's SSA records hold but now I see how his rights were conpletely trampled on- causing this case to be in the system for so long.

Maybe this will help someone else.

The RO and the BVA cannot determine the relevancy of SSA records by refusing to obtain and consider them- when they involve the same disability that is claimed !!!

He has a superb law firm helping him so I hope he returns here with status as things change regarding his claim.

DUH!

[Bonzai]

Trying to look for a "faster resolve" can frustrate anyone, but taking that frustration out on people trying to help???

As far as I can tell, the two posts were closed due to the fact that they had wandered off the original topic, and member bashing started occurring. When that happens, a topic should be closed and hopefully, a cooling off period will help. However, now this post with the topic 'Free Discussion' was started, and is a continuation of an argument against a Moderator. Although I am not a moderator on this board, I am on another, and the member would have been banned.

Being a member of HadIt is not a Constitutional Right, and the First Amendment doesn't apply. It is a private board and being a member is a privilege. The rules of posting are clear and easy to follow.