Forgot your password?
broncovet, December 31, 2011 in VA Claims Read First Pinned Topics
Great post Bronco. I think it is perfect timing for my situation. Thanks!
That is a good post. This is part of VA's "go directly to jail, don't pass go" philosophy and tactics that are really kept secret from most vets. This is why I hired a NVLSP qualified lawyer for my CUE because I suspected there was much I did not know about VA "Dark Energy". All this secret crap is used to top "benefit of doubt" and keep VBA in an adversarial relationship with vets.
I totally agree, especially in the section where it says, "Do not necessarily need to have all the criteria listed in the higher evaluation level in order to receive that evaluation"...A great example is the evaluation when considering an increase when the phrase "Bed Rest" is used as criteria for disabilities of the back. Which is total nonsense cause Dr's don't consider that as treatment anymore for back issues. But never the less, it's still part of the DC's. BUT...I guess they could come back and say, that's the reason why the code says Bed Rest OR ROM. Everybody knows you better be on the worst day of your life when being examined using ROM as the only criteria for an increase for the back. I think they could use instability instead of Bed Rest like they do when evaluating the joints. JMO...
Broncovet, Wow this is so interesting and so familiar with my old denied claims. Unfortunately I can NEVER EVER request my claims be reviewed or challenged or new claims as the "Deal was take the PT 100% with no future exams" for life...retro 1 year and not for over 6 more...or we will keep you bogged down with our own physicians appointments and deny you forever basically......bummers, but I still got it even as the creeks cost of retro years............
I posted before, and Berta whole heartedly agreed, "You can not believe everything the VA tells you."
I do not think there is any regulation allowing the VA to circumvent appellate review. The Vet has an absolute right to appeal, and I dont think that right can be bargained away.
Dont take my word for it tho, please. If you think you are entitled to an EED, take your documentation to an experience VA lawyer and ask him.
My first impression is to yell, "BS" to the VA's statement that if you accept their deal, you cant appeal.
You are either legally entitled to benefits or you are not. If they did an award, then you are entitled, by defination.
Im not disputing your statement they said this...I am disputing that the courts may not allow "deals".
Of course, if the VA makes a statement, and gets you to settle for a lesser benefit and you do not appeal, it becomes final in one year.
It sounds like a VA "scare tactic" to me, and they have a bag full of those tricks.
I agree with everyone I save this for future reference