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broncovet, December 31, 2011 in VA Claims Read First Pinned Topics
If you have applied for an increase and been denied, you might want to look at this to help you in your appeal:
broncovet - great post!!!
I thought it was helpfull, too. One example, a quote from the NVLSP LINK:
Benefit of the Doubt Doctrine Applies to the Task of Divvying Up
z Multiple conditions, S/C and Non-S/C can impact similar
functions, or exhibit overlapping symptoms
Hello Bronco, Phillip,
"VA citation to a case or rule, does not mean that VA is applying it properly" found under the Conclusion posted in this report.
This is a great find for all here at Hadit. Thank you Bronco........ Some very important problems are addressed by NVSLP but nearly every Veteran who has gone thru the claims process has had to deal with what you have posted. Remedys or corrections by VA are not forseen as this technique , as NVLSP has pointed out will continue. The beauty here with this report you posted is that Veterans can identify the "faulty" decision because of this ,and can identify the error and appeal it properly. I do not believe that the Regional Offices are ever going to steer away with their tactic of doing this. This is a recognized and proven method by VA. I and a lot of others have been "victims" to this type of decision ,,, faulty as they are. Its what makes the appeals process, and use of the BVA to correct and award such silliness. HHHhhhhmmmmmmmmmmmm.. ........It would be most interesting to actually know how many Vets and their widows/dependents suffer under this tactic of VA and then fail to initiate an appeal that strikes at the heart of the faulty decision. In other words,,,,,,many Veterans think , well thats all I can do. The VA made their decision so thats it . Its final. If we only had a way to get all Veterans to Hadit and that they all had the means to review "THEIR" site , then we would see more effective appeals and more awards. It does not sit well with me and as I deal with so many Veterans thru my efforts of trying to show them the need to get help to Hadit and its members. It magnifies the problem and the frustration that so many of the Elders and others here that want to help but are turned down or ignored.
It reminds me of some history that in the old days when the cities were all walled to protect them that even in the bible in Ezekiel chapter 33 we see that in verse 2 it says "When I bring the sword upon a land, IF the people of the land take a man of their coasts, and set him for their WATCHMAN: If when he seeth the sword come upon the land , he blow the TRUMPET, and warn the people: Then whosever heareth the sound of the trumpet and taketh not warning: If the sword come, and take him away, his blood shall be upon his own head".
Now isn't it something that ancient history still shows us that sometimes nothing changes. We have so many "watchmen" here at Hadit who blow the trumpet and try to sound the alarm that the enemy is approaching (the VA). The sword is simply in this discription is the 38CFRs and faulty VA decisions. and the trumpet used to sound the alarm of danger is HADIT and its Elders/members and when a Veteran does not heed the warning then they loose their claim. It is a sad day for all Veterans and their Widows/dependents. By the way this bit of history is recorded nearly 3000 yrs ago. Not much seems to have changed and the WALLED CITY with its watchman on the walls is a way to look at Hadit. The Veterans walled city.
Now if I am correct, our Hadit membership is about 10000 people or close to it. There are about 1.3 to 1.4 million claims backlogged .....forget what the VA says . It may even be more. In 2007 when I filed under Sec VA James Nicholson the claims backlog was 750,000 then hit 1.2 million in late 2009 . I am convinced the real number is probably more than what I posted just because of the Nehmer cases, and even the new presumptives from last year VA directives of Agent Orange .
SOOOooooooo,,,,,,,, this Tactic that NVLSP has addressed is probably the main bottomline cause of the "BACKLOG" of claims facing the Veteran. Now if we are to think it is going to get better , then we see a false sense of reasoning. The system inplace cannot allow this to change. As a matter of fact it will result in higher claims and more claims. If we remember that over 4000 new adjudicators were brought in about a year or so ago has "failed" to move the OVERALL claims backlog. Only the Vietnam and Nehmer claimants have seen some adjudication time lines reduced due to more adjudicators and Priority given those. Soon these cases will be moved but the other claims outside Vietnam/Nehmer are going with little to no movement. Rapidly increasing as it only can. I and alot of others here fall into this pit.
Sorry for such a long rant but this really got me to looking again at the Veterans overall picture of this thing called claims and the adjudication process.
I am hoping that all Veterans and their families will have a HAPPY NEW YEAR and that the new year could bring some changes to the VA process and more favorable decisions to the Veterans and their families.
"VA Citation to a case or rule does not mean that VA is applying it properly."
Thanks again Bronco for the posting of this .
And thank you to all of the WATCHMEN here at Hadit who blow the trumpet for our Veterans and their families.
Above all please remember that your claim is so important to follow it and exhaust all means available and to NEVER GIVE UP. God Bless, HAPPY NEW YEAR ALL. C.C.
Thanks Bronco I bookmarked this I can see it helping my claim in the future
Great Link Bronco. I pinned this topic to the top of the forum so folks don't miss it.