Credibility Of Veterans Testimony

[broncovet]

In the following case, the credibility of Veterans statements are discussed in some detail:

http://search.uscourts.cavc.gov/isysquery/2b44d935-6394-40f6-868f-2958e3015039/4/doc/KahanaRK_09-3525.pdf#xml=http://cavc-isys1.cavc.adir/isysquery/2b44d935-6394-40f6-868f-2958e3015039/4/hilite/

It seems as the VA is always saying the Veterans evidence has to be corroborated.

Not so, according to this judge who stated,

"In general, the Board cannot determine that a veteran's lay evidence lacks credibility solely

because it is not corroborated by contemporaneous medical records. Buchanan, 451 F.3d at 1336"

[john999]

They are in a hurry and suffer no ill effects when they do shoddy work. My CUE is back in Remandsville because the experts did not use the right rating schedule when they denied my claim. This mistake by the BVA will cost me another couple of years. My claim goes to the Court where the error is discovered, and is then remanded back to the BVA to correct the error, and then back to the Court, and maybe on to Federal Court. I will be an elderly gentleman before this is over. Has a BVA judge ever been fired?

[Berta]

Gees many many years ago a couple of BVA lawyers were canned.

They were found stuffing claims into old file cabinets so they didn't have to work on them.

This was in the days of the Prodigy Vets BBS where I met our wonderful hadit member and Mod-Pete.

Cripes we were griping in those days of the long claims process-which was a picnic compared to what it is now.

"Carlie said:

My question remains - how and why in the heck can the SUPPOSEDLY LEGAL EXPERTS

AND JUDGES actually wind up signing decisions, on such an OBVIOUS ERROR ? "

It doesn't make any sense at all.

I actually expect VARO level errors, but at the BVA? It is dumbfounding.

Edited August 10, 2011 by Berta

[broncovet]

Whenever the VA says that the SMR's are negative for evidence of ............condition, it probably is not true, as John rightfully pointed out. It would appear that if ANYONE knows what is in their medical records, the most likely to be accurate would be the Veteran.

I think if Veterans are denied and the Reasons and Bases states "SMR's are negative for condiion"....the first thing the VEt should do is see if the SMR's are silent. There is a big difference betwee SMR's NEGATIVE and SMR's SILENT.

When the VA says they are "negative", they usually mean they are "silent". If I ask you a question and you do not respond, is this the same as a negative answer? No.

By convuluting "negative and silent" the VA manages to deny many claims based upon "The SMRS are negative".

[navydoc2]

That is the very reason they gave me on my denial of sleep apnea.

/doc

[Pete53]

Anyone who tries to fight VA without copies of SMR's are fighting with one hand tied behind back. If you don;t have C File and SOC both hands are tied. Most VSO's are either to bust, to burned out or just marking time to really give Veterans the help that they need. There are exceptions but not many.

[GuaymasJim]

Berta, those BVA attorneys were doing much more than stuffing claims in old filing cabinets. They were destroying and altering critical documents from the veterans' C-files. Two of them actually went to prison.

http://www.vawatchdog.org/08/nf08/nfoct08/nf102208-1.htm

I agree that as bad as we felt the VA was years ago, it is much much worse now. The internet has really changed to world both in good ways and bad It is too bad that the VA is so slow in entering the digital age.

Carlie, I have quoted your BVA decision numerous times, once face to face with Sen. McCain. It was so indicative of the dysfunctional VA at all levels!

"Carlie said:

My question remains - how and why in the heck can the SUPPOSEDLY LEGAL EXPERTS

AND JUDGES actually wind up signing decisions, on such an OBVIOUS ERROR ? "

You only need to check the pedigree of those experts. Many started out screwing up decisions at the RO level and just moved up to the BVA where they continue to screw up claims. Some even move up to the CAVC and guess what?

The Chief Justice of the Supreme Court is dumbfounded also.

“Well that’s really startling, isn’t it? In litigating with veterans, the government more often than not takes a position that is substantially unjustified?,” asks Chief Justice Roberts.