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The More I Read, the Angrier I Become

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Sgt. Wilky

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I've been slowly reading through my BVA decision that I received last Friday; and I have been making notes and comparing with the referenced 38CFR notes from the judges. The more I read of their decisions and grants and comparing it with the Denver RO denial after denial ad nauseum, the angrier I get. I'm now getting a more clear idea of the scope of how bad the RO had screwed me over and the utter lack of competence from the C&P exams through the decision making process that seems to be the norm at VBA. There is no other way to describe either the lack of training and understanding of the system or the outright deceit of the this agency as nothing but criminal. There is no other way of describing what happened to me and obviously happens to so many other veterans out there, except as criminal. The abuse that I've uncovered-just in 27 pages of my decision-outlines just how out of touch the VA is, and how much despair this system is in.

In my very ill-informed opinion, the judges have done a real good job at explaining their decisions; even though I may not agree with a few. The grants I did receive, were very clearly referenced and their application and reasoning are well thought out. I went from a 30% D.V. to a 60%-70% veteran and I am owed literally almost a $100k in back pay. Lord have Mercy! When can I expect that? I'm literally sick to my stomach with the stress of receiving that kind of pay.

Semper Fi!

Wilky

Edited by Sgt. Wilky
Thanks VYNC!

BOHICA

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  • Content Curator/HadIt.com Elder

Hey Wilky,
Perfect explanation: "criminal". We all can definitely relate and I agree with you completely, except for this part: "utter lack of incompetence" which should read "utter lack of incompetence". At least your experience with the BVA, like mine from 15 years ago, shows there is hope and some folks who actually care about making the wrongs right.

I can't specify exactly how long it might take for the BVA award to get processed at the RO and turned around to your bank account. You'll receive a letter from the RO once they have calculated everything. Keep an eye on your bank account every couple of days. If you don't already, I recommend looking up Dave Ramsey online or listen to his radio show. He is fantastic with guiding people to make great financial decisions. Congratulations on your win (one which took far too long to happen)!

Also, since you are going from 30% to over 50%, check out Broncovet's topic on MCCR from earlier today. For some reason, it is not letting me paste it here. The VA could owe you more money from any co-pays.

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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Hey Wilky,
Perfect explanation: "criminal". We all can definitely relate and I agree with you completely, except for this part: "utter lack of incompetence" which should read "utter lack of incompetence". At least your experience with the BVA, like mine from 15 years ago, shows there is hope and some folks who actually care about making the wrongs right.

I can't specify exactly how long it might take for the BVA award to get processed at the RO and turned around to your bank account. You'll receive a letter from the RO once they have calculated everything. Keep an eye on your bank account every couple of days. If you don't already, I recommend looking up Dave Ramsey online or listen to his radio show. He is fantastic with guiding people to make great financial decisions. Congratulations on your win (one which took far too long to happen)!

Also, since you are going from 30% to over 50%, check out Broncovet's topic on MCCR from earlier today. For some reason, it is not letting me paste it here. The VA could owe you more money from any co-pays.

 

Edit done!

It's funny you mention Dave Ramsey!! We've been on his program now for over four years. We live with no more debt and have our emergency fund in place. College for the kids is being saved for and retirement is too. I guess we enjoy some of it, perhaps pad the e-fund, and pay down on the dwelling!

BOHICA

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  • HadIt.com Elder

I've been slowly reading through my BVA decision that I received last Friday; and I have been making notes and comparing with the referenced 38CFR notes from the judges. The more I read of their decisions and grants and comparing it with the Denver RO denial after denial ad nauseum, the angrier I get. I'm now getting a more clear idea of the scope of how bad the RO had screwed me over and the utter lack of competence from the C&P exams through the decision making process that seems to be the norm at VBA. There is no other way to describe either the lack of training and understanding of the system or the outright deceit of the this agency as nothing but criminal. There is no other way of describing what happened to me and obviously happens to so many other veterans out there, except as criminal. The abuse that I've uncovered-just in 27 pages of my decision-outlines just how out of touch the VA is, and how much despair this system is in.

In my very ill-informed opinion, the judges have done a real good job at explaining their decisions; even though I may not agree with a few. The grants I did receive, were very clearly referenced and their application and reasoning are well thought out. I went from a 30% D.V. to a 60%-70% veteran and I am owed literally almost a $100k in back pay. Lord have Mercy! When can I expect that? I'm literally sick to my stomach with the stress of receiving that kind of pay.

Semper Fi!

Wilky

I believe it's deliberate intent, not incompetence.  When RO's make up reasons to deny, that's rather obvious. Even worse is when a DRO review uses the same DRO that originally signed off on the absurd denial.  It's as if the VA has a deny & award quota that it's using VARO by VARO.

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About 85 percent of claims are denied at the RO level. 

AT the BVA level, 75% of those RO denials are either reversed (awarded) or remanded, meaning the RO decisions were in error.

I dont know the CAVC statistics, but at least some of the remaining 25% which were denied at both the RO and the Board will be awared at the CAVC.

In other words about 80% of the Regional office decision denials  are overturned or remanded.  That means that 80% of them are wrong. 

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