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What Tricks Has Va Used To Deny You?
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NavyWife
What tricks has VA used to deny you?
It seems that VA has a group of tricks they commonly use to deny claims. If you carefully read and reread the denial section of the rating decision you can break down word by word what they are saying.
1. Misdirection---they deny you based on something that has absolutely NOTHING to do with the rating schedule. Another vet here posted he was denied on migraines because he did not meet the "economic inadaptability" criteria to get to 50%, even though he had the required number of headaches for the rating. The denial said that because he was going to school, he did not qualify. Hello! Students don't make any money!!! economic inadaptability means you have difficulty holding a job.
In another example, a vet was denied because he still had his drivers license. having a drivers license is not in the rating schedule.
We need to carefully read the denial paragraph, and compare it to the rating schedule. Then cross reference both of those to the evidence listed in the rating letter and read EACH piece of evidence they used.
2. Pretend they can't get your records--in one of hubby's 4 denials, they denied his request for increase saying they could not get the records from the VA medical center he was treated at. I had NO PROBLEM getting those records a few months ago. Oh, and big surprise, the records had the proof that he needed for the increase!!!
3. Ignore their own VA C&P exam--they will disregard their own C&P exam and instead use a random note pulled from your medical file to deny the claim.
We should write up a big list of these common maneuvers VA uses, so other vets can recognize them and know that they need to appeal the incorrect denial. Or if we are feeling adventurous & bold, submit a "Go CUE Yourself" statement based on Berta's instructions in the CUE forum.
that saying, "you don't know, what you don't know" really applies to many of these denials. unless a vet knows every damned regulation and statute that applies to their case, they don't even know they have been wrongfully denied. They just accept the word of the VA. This makes me sad and pissed off at the same time!
Edited by NavyWifeLink to comment
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