Statement Of The Case Is Neither

[Notorious Kelly]

I am not a fan of court shows but the gist i get is everyone in court hears something like this:

Colonel Mustard murdered Miss Scarlet in the Library with the Candlestick.
We have the Colonel's fingerprints on the candlestick, video of him entering the library, and his DNA is on Miss Scarlet's body.
His motive was the insurance money.

The VA Statement of the Case I get is more like:

Colonel Mustard is guilty because somewhere in this pile of evidence we deduced that he did it.
If you disagree, tough luck.

How are we supposed to defend ourselves against this?

It seems our case doesn't really start until the BVA because we don't have a voice in the process and there is no specific evidence listed to even disprove.

Also, because of the weight often given to a C&P, that examiner is a judge making decisions and you have no representation before them because you don't know what they are doing.

This process meets the definition of kangaroo court to me.

Is there any way to get the specific details of why the VARO decided what they did?
Can we FOIA communications between the VA & C&P examiner to see what was said?

Thanks!

[Notorious Kelly]

Yes, Berta, I already see a glaring error from what the C&P examiner said and how the VA re-stated it.

Although I had a previous PTSD diagnosis from VA psychologist for a couple issues, the C&P examiner stated no PTSD and listed a couple mental conditions 'by history' ( a term I couldn't find on search and what history is she talking about?)

I could actually sense her several times in exam going to herself "Gotcha!"

I thought, "That's okay - I'm gonna win this on paper.'

Thanks for the comments, gang.