1980 Varo Rating Board Question

[carlie]

02/04/1980

VA form 21-6789 :

Part II - Confirmed rating decision:

No findings to warrant change in denial of SC for claimed disabilities.

Rating Specialist : K. Knapp

07/15/1980

Hearing before Rating Board 211 VARO

Chairman : K. Knapp

Question :

Was this person - K. Knapp - by regulation - legally allowed to be part of the

rating board at my hearing. I question this because the same person had previously denied my disability claim.

Thanks,

carlie

[RockyA1911]

Carlie, I think what you have is legal. The request was for a hearing by the rating board right? I believe it is a conflict of interest if it was a DRO hearing, then there would have to be a separate rating officer. It seems like a conflict of interest though with the rating specialist also being the chairman.

[Philip Rogers]

02/04/1980

VA form 21-6789 :

Part II - Confirmed rating decision:

No findings to warrant change in denial of SC for claimed disabilities.

Rating Specialist : K. Knapp

07/15/1980

Hearing before Rating Board 211 VARO

Chairman : K. Knapp

Question :

Was this person - K. Knapp - by regulation - legally allowed to be part of the

rating board at my hearing. I question this because the same person had previously denied my disability claim.

Thanks,

carlie

Carla, was this a DRO hearing or a hearing before a "hearings officer?" Either way I think that person was precluded from the process which allows you an appeal, due to a procedural error. The VA f*cked up. Go Girl!!! Read the book Terry posted about the insurance industry - you'd swear it's about the VA and SSDI.

[Magoo_Mr.]

.

Carlie:

I am not sure that this will help you ... but I know that my SO won a case because the same person had been in the ... "VARO Decision Making Process More Than Once" ... on the same claim.

I think that my SO (and probably many of the other SOs too) are pretty close to the VARO Staff. I know that they eat lunch together all the time and even have picnics together too. Afterall, most of them are in offices very close to each other.

Good luck ...

--------------o------------------

Philip:

What was the name of the book that Terry posted ???

I must have missed that post.

Thanks ...

------------o-----------------

...Magoo .. aka .. Bill ... B)

.

[Philip Rogers]

.

Carlie:

I am not sure that this will help you ... but I know that my SO won a case because the same person had been in the ... "VARO Decision Making Process More Than Once" ... on the same claim.

I think that my SO (and probably many of the other SOs too) are pretty close to the VARO Staff. I know that they eat lunch together all the time and even have picnics together too. Afterall, most of them are in offices very close to each other.

Good luck ...

--------------o------------------

Philip:

What was the name of the book that Terry posted ???

I must have missed that post.

Thanks ...

------------o-----------------

...Magoo .. aka .. Bill ...

.

Magoo:

Insult to Injury: Insurance, Fraud, and the Big Business of Bad Faith.

[Alex]

Carrie --

The same person before whom you have a regional hearing ios usually the person who ratews it The only way to get an independent rating is to ask for a decision review officer in your notice of disagreement.

Alex

[carlie]

Alex,

I don't think DRO existed in 1980.

Maybe I didn't post my question clearly.

In 1978 when I filed my one and only original claim -- only 2 months after my discharge the VARO rater assigned to my claim was K Knapp.

Two years down the road I had a VARO hearing and the chairman of the board

was K Knapp. Was that allowed in 1980 ?

Thanks,

carlie