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No More Reasons and Bases

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pacmanx1

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Ok, I started a new thread to hopefully get more responses.  I have noticed that a lot of us are telling veterans to make sure they read over their reasons and bases section when they get their rating decision but I have notice over the last year that VA no longer use this term when breaking down how they (VA) made their decision.  The new term is simply "Explanation" and the explanation is so vague I do not see how  a veteran can fully understand what VA did.  Actually over the last few years the term went from Reasons and Bases to Reasons of Decision to simply Explanation.  So I think it is best to tell veterans to check their explanation section and hopefully they will understand what VA did and how they made their decision.  Yes, the Evidence Considered is still there but like I said  the explanation is so short and vague it is hard to understand.  So has anyone else seen this or is it just me?

My intentions are to help, my advice maybe wrong, be your own advocate and know what is in your C-File and the 38 CFR that governs your disabilities and conditions.

Do your own homework. No one knows the veteran’s symptoms like the veteran. Never Give Up.

I do not give my consent for anyone to view my personal VA records.

 

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  • Content Curator/HadIt.com Elder

Good topic, Pete.

I assume the VA stopped referring to "Reasons and Bases" and "Reasons for Decision" as such because they were having such difficulty in making sound decisions and it did not involve much reason. Now, they just "explain" that they think and hope veterans accept it without noticing all the errors.

:ph34r:

"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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  • HadIt.com Elder

This is just a rehash of what the VA was doing for years.

Citing the evidence of record in general or even specific terms, then listing a decision without a list of the complete, accurate facts and the references for and against.

The VA tends to cite the negative, and ignores the positive in many denials.  The practice somehow reminds me of a butcher with his belly against the scale.   

One of my personal claims cited a reason for denial that was made up of "whole cloth", with out any justification in law, regulation, or written guidance, other than the RO wanted to deny.

(And the DRO "rubber stamped" it!)

 

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I have noticed this, as well.  None of my claims from the past year or so, have the R&B in the letters.  I did see that they were included with my claims from years past.  And I noticed that some of the info in my C-File, relating to the decision letter, was not included in the paper copy I got in the mail. It seems that they just blew it off as not enough reduction of ROM, or not enough looseness or instability to be rated.  Or something of that nature.

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  • HadIt.com Elder

I wonder what the VA would do if a veteran gets  his award and later request the VA's REASON AND BASES  they make there decision on?

I've notice this too pete992 about  ''EXPLANATION'' and not reason and bases.

you make a good point here.  great post!

 

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

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

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I think it was Shinseki who tried to reduce the appeal period to 6 months and to eliminate the Reasons and bases.  His excuse was that it would speed up decisons.  

Isnt it just like the VA trying to speed up the decisions by halving Veterans deadlines, instead of actually doing something which caused the backlog?  Im not sure Veterans should have any deadlines...the va has none and takes their sweet time at everything, but makes Veterans do everything "on time".  

Isnt it ironic the va can take 10 years or more to process a claim, and then immediately deny a Veteran who is ONE DAY late on filing his NOD?  

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I am still waiting on BBE, as soon as I get it I will post here and let you know what format it is in.  I really, really need to see it, I received a back pay that makes no sense and ebennies says that no payments have been made.  I will probably start a new thread about back pay, I searched but didn't find anything that paralleled my issue. 

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