Chief Justice, Roberts Says:

[broncovet]

When you appeal, you have about a 70 percent chance of either a remand or an outright grant. You need to remember this, then next time a VA employee or VSO suggests you drop your appeal. Of course they want you to drop it! It makes them look good!

http://www.veteranstoday.com/2010/02/25/chief-justice-startled-by-gov-errors-in-veterans-cases/

ROBERTS: Counsel do you — do you dispute your friend’s statement that 42 percent of the time in Social Security cases the government’s position is unjustified, and 70 percent of the time in veterans’ cases?

YANG: Well, I think that reflects the stakes often, Your Honor. Oftentimes the government does not contest, for instance, the $2,000 EAJA award and because it’s the government, has to —

ROBERTS: So whenever it really makes a difference, 70 percent of the time the government’s position is substantially unjustified?

YANG: In cases in the VA context, the number’s not quite that large, but is a substantial number of cases at the court of appeals —

ROBERTS: What number would you accept?

YANG: It was, I believe in the order of either 50 or maybe slightly more than 50 percent. It might be 60. But the number is substantial that you get a reversal, and in almost all of those cases EAJA —

ROBERTS: Well that’s really startling, isn’t it? In litigating with veterans, the government more often than not takes a position that is substantially unjustified?

YANG: It is an unfortunate number, Your Honor. And it is — it’s accurate.

Bart Stichman, co-executive director of the National Veterans Legal Services Program, said he thinks the percentage is greater than the government’s number. ‘That means the quality of decision-making at the Board of Veterans Appeals is not very good,’ he said. ‘We’ve been saying that for years. The number means not only did they wrongly decide the case but their position wasn’t substantially justified. Not too good.’

[auenone]

Like I've been theorizing with friends and family, I think big brother will soon have a reality show for everyone. People read something about this topic in the paper or hear it on the news and 15 minutes later they're watching Martha's quilting reality show or giving money to some televangelist. Attention span is getting less and less. It's good for the powers that be because they'll be able to pass any law they wish and they know there won't be a backlash.

What needs to be done here is to make this forum a high school class that has to be taken and a college class that is 5 units and not a tough class. Those in the military should read these posts and learn what they are going to be dealing with and to make changes to this system before they become the Vietnam veterans when the next war veterans ask for their just due. We are getting the ass end of everything. We are old though and don't have that much of a voice. The va can wait us out. They tell you to wait in line for your disability with everyone else and while you could be doing things with the money before you can't walk or think, it's over. Total bullshit.

[Vetsforvets]

All or most vets need to protest at their local regional offices and make some noise. We need to be seen as a force against our down right unfair and illegal treatment.

[Fat]

Good point John999.

Another point is some clinics by federal regulation have to hold medical records for seven years.

The medical clinics destroy the medical evidence and the veteran is left with no way to show continuity of care for the first few years since leaving active duty.

[broncovet]

Yes, I noticed it was 5 years ago. Things have "changed" for the worse. According to a more recent BVA chairmans report, it has gotten worse. Instead, only about 24% of Veterans who go to the BVA are denied. The other 76% are in error and deserve at least a remand or a grant of benefits.

Of those 24% of Veterans claims who are denied by the Board, at least some of these are reversed at the CAVC or Federal Circuit.

Edited July 29, 2015 by broncovet

[Notorious Kelly]

If someone treats You like the enemy, They are the enemy.

[Vync]

They decreased the initial claim backlog, but simply moved them to other backlogged queues.

When I was in the Army, I worked with some amazing people. However, I noticed the troublemakers usually were promoted or moved into positions of less responsibility and left the better workers saddled with more than their share of responsibility.