Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • Donate Now and Keep Us Helping You

     

  • 0

19 RO decisions with 5 issues; 84% denial rate

Rate this question


Question

  • Lead Moderator
Posted (edited)

  Even tho I have only applied for 5 issues, it has taken the VARO 19 decisions, 2 board decisions and 2 trips to the CAVC. (One was a Writ) and 13 years and they still are not that close to having it correct.  

 

In 2015, I have had 6 decisions.    It has taken VARO 7 decisions to implement the BVA 2012 decision.  

Of these, 3 out of 19 actually awarded benefits.  (15.8%)

16 out of 19 were either denials, or "0" percent.  (84.2%).  

Can anyone answer how the RO claims 95% "correct" decisions, when BOTH BVA decisions were either a remand or an award. (Neither were a "full denial")?

Edited by broncovet

6 answers to this question

Recommended Posts

  • 0
Posted

It is truly hard to say, but in my case, I didn't do NODs. I went thru the VA Claim process, and when they denied or low balled me, I turned right around and re opened or requested an Increase, and 90% were granted. I myself am not an expert on the Appeals process, but believe that Good Well Documented Evidence is all that is needed without the Appeals route. I have found that 99% of the Vets I help, and myself included do not do as much Research and Documentation in the first go rounds as we should. Thanks to Hadit and reading the VAs policies and wording, I have gone on to have great success in just a few years with the VA and SSA. Hope you have a good week

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

  • 0
  • Lead Moderator
Posted

This may be some of the best advice, ever:  You dont do NOD's, you reopen.  I like it.  Wish I would have figured that out earlier. 

  • 0
Posted

Navy04, great info. Can you explain to those of us that are new to the entire process how to re-open a claim?

  • 0
Posted

In my case, I re-opened a denied case with new evidence.  I was then sevice connected for it, plus two additonal issues connected to it, all at zero's, but thats a whole different thing. So, I had nothing, re-opened and came away with three SC'd 0's.  

Anyway, new evidence is the key. But your start date will probably follow the new evidence.  

Once service connected, then go for the earler date.

Service connection is the goal..

Hamslice

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

  • 0
Posted

Mountain,

 

If you have access to Ebenefits, then go on there and begin a new FDC claim, you will then be able to click on your denied conditions.  It will say Reopen, and then fill out and submit the claim from there. Either get your original evidence together, or new Medical Evidence such as New Diagnoses or Current Treatment Records. I really wish I was an expert as a lot of the Smart Folks on here, but really I learned a lot from making so many dang mistakes in the beginning. I also like to help Vets a lot with their SSA claims, as that can be a pain in the rear too. Thanks guys for the kind words and hope you have a good week.

100% PTSD

100% Back

60% Bladder Issues

50% Migraines 
30% Crohn's Disease

30% R Shoulder

20% Radiculopathy, Left lower    10% Radiculopathy, Right lower 
10% L Knee  10% R Knee Surgery 2005&2007
10% Asthma
10% Tinnitus
10% Damage of Cranial Nerve II

10% Scars

SMC S

SMC K

OEF/OIF VET     100% VA P&T, Post 911 Caregiver, SSDI

 

 

  • 0
  • Content Curator/HadIt.com Elder
Posted

 

Can anyone answer how the RO claims 95% "correct" decisions, when BOTH BVA decisions were either a remand or an award. (Neither were a "full denial")?

Cherry-picked statistical extrapolation coupled with not being entirely honest. Let's assume they told their public affairs team to locate 100 claims and ensure 95 were approvals in favor of veterans, so they passed it off as being "correct" decisions.

Never believe VA propaganda, even if they fail to include a margin of error %.

Remember - All VA decisions are "correct" until they are appealed and deemed to be incorrect.

"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.

 

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


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Matrev earned a badge
      First Post
    • Patrol Agent earned a badge
      Conversation Starter
    • Patrol Agent earned a badge
      Week One Done
    • Patrol Agent earned a badge
      One Month Later
    • Grey Goose went up a rank
      Rookie
  • Our picks

    • From CCK-Law.com

      VA Disability Payment Schedule for 2025

      VA Disability Rates 2025
      • 2 replies
    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 1 review
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 reviews
    • Do the sct codes help or hurt my disability rating 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use