"but I Wasnt Notified Of Exam": Rebutting The Presumption - VA Disability Claims Research - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com

Search | Rules | Forums | VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

"but I Wasnt Notified Of Exam": Rebutting The Presumption

Rate this question


broncovet

Question

  • Moderator

As most of us know, the courts ALWAYS believes VA (over Veterans) even when its well known VA covers up or lies about scandal after scandal, and, at least some of us have an exemplary record. This seems less than fair, that VA employees are automatically given the benefit of the doubt, AGAINST the Vet, when it would make sense if it were the other way around. The courts HAVE stated that the Veterans testimony can not be discounted simply because he is an "interested party".

I find it interesting that Veterans, when they are VA employees also, get a "presumption" (hall pass) over "other" Veterans. I guess we are to "presume" that VA does a good job recruiting and training employees of excelllent credibility, while Veterans have little/no credibility, according to VA.

So, when VA says they mailed you notice of your C and P, and you say you were not notified, and VA denies you, what do you do?

Chris Attig explains:

http://www.attiglawfirm.com/uncategorized/cp-exam-from-va/?utm_campaign=vlb_daily&utm_medium=email&utm_source=%22But+the+VA+NEVER+told+me+about+my+C%26P+Exam%22....&utm_term=%22But+the+VA+NEVER+told+me+about+my+C%26P+Exam%22....

Link to comment
Share on other sites

2 answers to this question

Recommended Posts

  • 0
  • Moderator

One example of this, As Attorney Chris Attig pointed out is this:

"The Secretary fails to recognize the distinction between evidence and argument. Evidence is defined as records, documents, testimony, etc., that are offered in proof of an alleged fact. . . . An argument, on the other hand, is defined as ‘an effort to establish a belief by a course of reasoning.’ ”

end of Attig quote.

The Secretary has become, what I call a "know it all". Instead of citing "evidence", such as a Doctors statments, etc, the Secretary cites "their effort to establish a belief by a course of reasoning." and calls that "evidence".

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

Good question broncovet

and what does a veteran do when they won't read or accept his evidence for his/her claim

When at present appeals is all the veteran has.

...............Buck

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use