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Berta

Question

I heard a ruckus went on some time ago at my POA's main office as a vet and his wife were livid over a decision they had just received.My POA

told the vet he was denied due to No diagnosis pf PTSD.The local vet rep involved (my former vet rep) laughed over this as he was the rep who handled the claim.

I didnt get much info however I believe this is his BVA decision.

Any I nuts? Shouldn't the PH have triggered a C & P and an apointment with a shrink?

He didnt get a VCAA Notice either from what I can see.

I have a list of many many of claims at the BVA that my POA screwed up.

If I dont get my Remand by Sept 21, Gov Pataki will get this list.

Any comments on this BVA decision?

http://www.va.gov/vetapp05/files3/0519142.txt

Edited by Berta
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  • In Memoriam

Excerpt from decision:

The VCAA provides that VA will assist a claimant in obtaining

evidence necessary to substantiate a claim

but is not

required to provide assistance to a claimant if there is no

reasonable possibility that such assistance would aid in

substantiating the claim. 38 U.S.C.A. § 5103A

------------------------------------------------------------------

What?

This regulation is contradictory. Who decides if the VA is to assist this Vet in diagnosis?

Edited by Stretch
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