carlie Posted August 6, 2006 Share Posted August 6, 2006 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 Link to comment Share on other sites More sharing options...
RockyA1911 Posted August 7, 2006 Share Posted August 7, 2006 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted August 8, 2006 HadIt.com Elder Share Posted August 8, 2006 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Magoo_Mr. Posted August 8, 2006 HadIt.com Elder Share Posted August 8, 2006 . 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) . Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted August 9, 2006 HadIt.com Elder Share Posted August 9, 2006 . 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. Link to comment Share on other sites More sharing options...
In Memoriam Alex Posted August 9, 2006 In Memoriam Share Posted August 9, 2006 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 Link to comment Share on other sites More sharing options...
carlie Posted August 12, 2006 Author Share Posted August 12, 2006 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 Link to comment Share on other sites More sharing options...
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
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