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Rebutting Va's "presumption Of Regularity"...


broncovet
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In other words, "Who's is telling the truth, the VA who says they dont have the document, or the Veteran who says he mailed it in"?

The VA is given a free ride here. The courts ALWAYS favor VA...and the Veteran is assumed to be a liar. (What ever happened to the "benefit of the doubt"? 38 USC 5107)

If you are in a dispute with VA, I humbly suggest reading ASK nod's analysis of the presumption of regularity, and rebutting it.

https://asknod.wordpress.com/category/presumption-of-regularity-2/

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Green card with return receipt....has the mail clerk's name who signed for it. The BVA "lost" one of my faxes with a new IMO. Even though they acknowleged receiving the fax! Once the hearing is over it's over, then it takes years to get your evidence back into the system. Now if it's "negative" evidence, why that is always front and center. They cling to it with superglue! I find the whole process to be disingenuous....

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I have a school binder with the plastic pencil pouch, and I put all of the green cars in the pouch, and I write what they were sent for.

I advise anyone with a claim, to get a LARGE 3 ring binder, tab it and organize by sections.,

some suggested tabs are

Ebenefiits filing copys

civillian medical care

previous claims decisions,

letters recieved from va ect//

The important thing is to organize it in such a way the YOU can find thing easily when you want them.

Edited by 63SIERRA
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You may as well get organized . because you will be dealing with the VA for the rest of your life. Make it easier to find things you need.

The VA already steals enough of our time.

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I have an entire filing cabinet full of 3 ring binders. I should only have just one binder....to think one Vet's claim over a lifetime could denude an entire forrest is mind boggling! :ohmy:

The best thing I bought was a stackable scanner. Pull the staples out and let 'er rip! I scan at 300 dpi to keep the size of the PDFs down. I have hundreds of folders for VA claims on a secondary hard-drive. Then I back those up on to a portable drive and memory sticks and keep them with my laptop. The VA needs to crap some mo money for me to go out and buy a new ipad!

Asknod has some really good argument and info about POR. It can help to keep your claim from being pushed off of a cliff.....

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The investment in certified mail is well worth the return you get in knowing when your mail hit the VA and who signed for it.

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Good idea about mailing with green card and return receipt.

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