Maybe the title of my post is a misnomer, but that is how it seems to be ending on my end.
In the past, I herein posted about my GERD appeal which then was turned into a CUE (Clear and Unmistakable Error) by the VA itself during its appeal phase (assuming the CUE be faster I took it, and against all odds it was decided against me once more), then as an appeal (not real appeal, but an Appeal decided at Regional Office Level by DRO) yet again just to be decided in a deliberate, unscrupulous, snobby, and dismal way to remain at 10% whilst all the evidence and facts clearly indicated otherwise.
These individuals who work at the RO adjudicating claims lack even the most basic understanding of the norms, rules, regulations, and laws; on top of that they also lack even the most basic code of ethics and moral values to conduct any diligent, respectable, and reasonable decision making process. They are individuals whose educations consists in an array of very basic unappealing and easy going social sciences curriculums (sociology, psychology, etc), and the only real job they would otherwise get – if it wasn't for the VA and its veterans -- would be as a cashier in a supermarket. Within an environment where there is no accountability and concomitantly permeated by a culture of impunity they strive at long strides in denying claims to veterans thereby increasing their level self-importance and self-esteem to whom the balance of power may even decide the life and death of a fellow veteran suffering from a myriad of ailments. Such individuals are clearly unfit and unsuitable to this position and should face criminal charges for their actions. My GERD claim is a testament of that.
The BVA not only granted me 30% for the GERD condition, but they made a clear statement of the case indicating that: “there is more than substantial and substantive evidence to grant the veteran 30% for his GERD condition”. Ultimately this does not change my rating given that I already have 100% at this point in time, but serves to showcase the distraught disgrace that the adjudication process within the VA.
But the interesting fact about this story is that on occasion of receiving the 100%, the RO deined the GERD at 30% and the Ankle at 20%, granting me the 100% due to IU. I then indicated to my VA representative that I would like to appeal the GERD and Ankle cases, and he told me that I could not appeal since I was already given 100%, although I could appeal the earliest effective date for my IU and so I did. So, to my surprise, I received a letter from the BVA few weeks ago indicating that they granted me 30% for the GERD and 20% for the ankle, the letter also indicated that the appeal for the earliest effect date for the IU needed more evidence and thus was been remanded for the RO. I would imagined that I would get a small amount of retro payment due to the increase in the GERD condition, but with that remanded thing I do not know how it would actually work .
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tk3000
Maybe the title of my post is a misnomer, but that is how it seems to be ending on my end.
In the past, I herein posted about my GERD appeal which then was turned into a CUE (Clear and Unmistakable Error) by the VA itself during its appeal phase (assuming the CUE be faster I took it, and against all odds it was decided against me once more), then as an appeal (not real appeal, but an Appeal decided at Regional Office Level by DRO) yet again just to be decided in a deliberate, unscrupulous, snobby, and dismal way to remain at 10% whilst all the evidence and facts clearly indicated otherwise.
These individuals who work at the RO adjudicating claims lack even the most basic understanding of the norms, rules, regulations, and laws; on top of that they also lack even the most basic code of ethics and moral values to conduct any diligent, respectable, and reasonable decision making process. They are individuals whose educations consists in an array of very basic unappealing and easy going social sciences curriculums (sociology, psychology, etc), and the only real job they would otherwise get – if it wasn't for the VA and its veterans -- would be as a cashier in a supermarket. Within an environment where there is no accountability and concomitantly permeated by a culture of impunity they strive at long strides in denying claims to veterans thereby increasing their level self-importance and self-esteem to whom the balance of power may even decide the life and death of a fellow veteran suffering from a myriad of ailments. Such individuals are clearly unfit and unsuitable to this position and should face criminal charges for their actions. My GERD claim is a testament of that.
The BVA not only granted me 30% for the GERD condition, but they made a clear statement of the case indicating that: “there is more than substantial and substantive evidence to grant the veteran 30% for his GERD condition”. Ultimately this does not change my rating given that I already have 100% at this point in time, but serves to showcase the distraught disgrace that the adjudication process within the VA.
But the interesting fact about this story is that on occasion of receiving the 100%, the RO deined the GERD at 30% and the Ankle at 20%, granting me the 100% due to IU. I then indicated to my VA representative that I would like to appeal the GERD and Ankle cases, and he told me that I could not appeal since I was already given 100%, although I could appeal the earliest effective date for my IU and so I did. So, to my surprise, I received a letter from the BVA few weeks ago indicating that they granted me 30% for the GERD and 20% for the ankle, the letter also indicated that the appeal for the earliest effect date for the IU needed more evidence and thus was been remanded for the RO. I would imagined that I would get a small amount of retro payment due to the increase in the GERD condition, but with that remanded thing I do not know how it would actually work .
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tk3000
Gastone: I filed a claim for IU, which then was denied and subsequently I filed an appeal (which should but did not go through the BVA, but went through the DRO) and a new C&P was requested for wh
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