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

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

     

  • 0

19 RO decisions with 5 issues; 84% denial rate

Rate this question


broncovet

Question

  • Moderator

  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
Link to comment
Share on other sites

6 answers to this question

Recommended Posts

  • 0

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

 

 

Link to comment
Share on other sites

  • 0

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 

Link to comment
Share on other sites

  • 0

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

 

 

Link to comment
Share on other sites

  • 0
  • Content Curator/HadIt.com Elder

 

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.

 

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


  • Tell a friend

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

    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
    • Sparklinger earned a badge
      First Post
  • Our picks

    • 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 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use