Chevron Defernce under fire, this is good for Vets!!!!

[broncovet]

Its high time the VA is prevented from getting their way with Veterans, at Veterans expense.

The "Chevron" deference, from the 1980 Supreme Court, basically means that a government agency gets to interpret any 

laws pretty much how they see fit.  

Example:  In Howell, congress is quoted as saying:

Quote

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.

However, the VA has decided to deny many Veterans SMC S, if they show up to a c and p exam, as that means they 
"can" leave the house.  

The way I see this is that any TDIU Vet should get SMC S...because they are "unable to overcome their particular disabilities and leave the house in order to earn an income"...by defination of tdiu.  

In a recent interview between Senator Hatch, and Kavanaugh, Mr. Kavanaugh indicated that we need a "seperation of powers", that is, a "suggestion" that Chevron should be overturned. Mr. Kavanaugh was specifically addressing Chevron Deference, per Mr. Hatch's question. 

  Because of Chevron deference, VA gets away with a lot of stuff..they just interpret stuff to their own pleasing and we cant

do much about it because of Chevron Defernce.  We need Cheveron Deference overturned, so that VA does not continue to have its way with Vets.  

Im in a fight with VA over this very issue, that I have addressed above.  VA has "rewritten" congress intent, above to mean that the VEteran has to be "substantially confined" to his home.  This was not congress intent.  The Veteran can leave his home to go to the doctor, to get groceries, or anything else, he just cant leave the home "to earn an income" and get SMC S.  

By the VA making this law more restrictive than congress intended, many Vets are denied benefits that should get them.  And, this is just one example, VA pulls this stuff every day.  

Edited September 5, 2018 by broncovet

[retiredat44]

the a-holes at the va threw this at me, demanding to know if I drove there, and my wife attended 2 out of 3 c&p exams, but then the VA made me repeat 2 exams. the way they demean a person if they can make it to an appointment is disgusting. Also have been treated badly when I walk some days on morphine a few feet without a cane. But when I was a quadriplegic, and in a wheel chair or bedridden, they overlook that.

 

My daughter said this to me when we discussed her future when she was going to start college. I will not go into the military for the way I see they treated you. She is very young, mid 20's, working on 2 master at the same time, and is a senior analyst at a Fortune 500. The military will not get people to serve if they screw around their parents. We had little help from the VA as they fought me the whole way. She has a lot of loans to pay for schooling. meanwhile, I was unable to help her as I lay sick in bed most of her childhood. I did what I could, but was too sick to function properly. Not going off subject, just saying the VA takes advantage of vets and twists everything in their favor. Duty to assist ==  >> 'My Ass'.

Edited September 6, 2018 by retiredat44

[broncovet]

They did the same to me.  (On my C and P exam) for SMC S, they asked me if I drove there.  They did not ask me if I met the (Howell criteria, which includes Congress intent) at all, they focused on "non criteria", such as did I drive there, am I able to feed myself, and was I bedridden.  

VA delibertly rewrote the A and A criteria to sound like you have to be bedridden, noting that is only "one" of the ways to get A and A.  But VA makes you think, gee, you got out of bed, so you dont need a and a.  

I have to have help for lots of things I used to do myself.  I used to fix my own cars..now I cant even get under the car to change the oil.  I used to cut my own grass.  Now my feet hurt too much and I hire it done.  Of course, the VA never adjuticated my arthritis claim...they quietly called it "nsc" on a rating sheet, without giving me a written decision.  This is a violation of 38 CFR 3.103, which requires a written decision.  

If they dont make a decision, you cant appeal it, so you wont get it.  

[Vync]

Good info!

[retiredat44]

in my last c&p, after 3, then 2 repeats, the last c&p, the psyc got angry with me when I asked what info he had so I did not know where to start. I had already been through several failed c&p with doctors from India or Pakistan, could not understand a word... then I go back on a 2 hundred mile drive sick and malaise... the head doctor shot back with a $hitty mean attitude saying 'are you going to kill yourself !? as both an attack and a meanness. I know I failed that one. I was so angry..... I could barley speak... I don't need the abuse from them.. I see no point in complaining, the fox guards the henhouse...

I wonder if they pull this shit with generals... and admirals... or lawyers...  or ????? disgusting......

[Buck52]

You should say something like  excuse me Dr  but did you read the part where my Dr mention blah blah blah...or whatever you needed him to read and give his report about,your not there because you want to be, your there so the Dr can ask you questions if he needs to .

sometimes  a Veteran will have enough evidence on record for the examiner to make his.her opinion...if you think something was not addressed during your C&P Speak up..

I think I had an examiner ask me if I was going to kill myself, I ''STARTED'' to say no but I am going to kill you if you don't get this shit right...(.no pun intended)

but it is frustrating when they ask you that when you have been medically examined/tested and diagnosed.

I did have one one time ask me that,  he said are you going to kill your self  if so how you going to do it.?..Do you want to hurt someone?... I answered sometimes I think about it.

on these foreign  Dr's if you can't understand them ask for an interpreter.  I had a VA Phyistrist  I could not understand..and this was about medications  I wanted to make sure what she was saying  so I ask for someone that understood her  to repeat it to me.

But I certainly understand what you mean how they are some times.

Edited September 8, 2018 by Buck52

[HorizontalMike]

On 9/8/2018 at 4:08 AM, retiredat44 said:

in my last c&p, after 3, then 2 repeats, the last c&p, the psyc got angry with me when I asked what info he had so I did not know where to start. I had already been through several failed c&p with doctors from India or Pakistan, could not understand a word... then I go back on a 2 hundred mile drive sick and malaise... the head doctor shot back with a $hitty mean attitude saying 'are you going to kill yourself !? as both an attack and a meanness. I know I failed that one. I was so angry..... I could barley speak... I don't need the abuse from them.. I see no point in complaining, the fox guards the henhouse...

I wonder if they pull this shit with generals... and admirals... or lawyers...  or ????? disgusting......

IMO, don't let the VA bastards win!  Stay focused as best you can, and if you have not lawyered up yet, then do so IMO.  They can help maintain your sanity, knowing that lawyers take this crap in a different manner/mindset and are better prepared to react to such "attacks".

If I ever get asked those questions in the future, I will just respond that THAT ANSWER is in my medical record... Didn't you(C&P examiner) read my medical record?!  Why not?! ETC...