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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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asknod

BVA backlog?

Question

I just got this in the mail from one of my friends-a former Veterans Law Judge. He's worried so I guess I am, too.

https://asknod.org/2019/03/05/bva-more-decisions-and-be-quick-about-it-mind-you/

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I wonder if the fustercluck we receive called a c-file is intentional?   Why can't the VA provide us a digital copy of a VBMS e-file which is chronologically arranged and user friendly?  It would simplify the whole compensation process IMHO.

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Workload turnaround over accuracy. Haste makes waste

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I do not think haste makes waste at the RO level.  They draw claims out but then do them wrong.  If they were processing cases correctly at the RO level the BVA would be out of business.  It does not appear that will happen anytime in the near future though.  Looking at the errors made in my case I think a register worker at McDonalds could do better.  And we all know that common sense is uncommon in decisions.  As for hiring lawyers, I wish we did not have to but it seems that the VA tries to pull the wool over veterans eyes in their decisions.  I got a lawyer when it became obvious that the VA was not following title 38 in my decisions.  

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Posted (edited)

Im gonna dissent here. 

    In regard to judging Vets decisions, its my understanding that legal assistants do most of the work anyway.  The .judge, based on his experience, often "signs off" on the legal assistants decision...or not, as the circumstances warrant.  

    Since most claims are now "electronic" (on computer), this means the information could/would be "searchable".  Someone skilled with search engines could search for the classic nexus statements, "at least as likely as not" , or "better than a 50/50 chance", "is caused by service", etc etc.  and know if there was a nexus in a few seconds.  Reading 1500 pages of a claims file, taking far far longer, would not necessarily improve quality in searching for that all powerful nexus.  

     In my own claim, a simple nexus search would reveal its presence and suggest a favorable outcome...one that the human processing my claim overlooked, possibly because the nexus was "in a sea of other paperwork",  which took THIS human considerable time to find.  

    While not "every" claim could be decided on the presence/absence of a valid nexus statement, many could, assuming a current diagnosis, and in service event.  In other words, of a 1500 page cfile, it would often "boil down" to a few paragraphs nexus statment or lack therof.  

     Of course, there are always claims far too complex to boil down to a few paragraphs nexus.  Those decisions would take much more skils and time to render an accurate decision.  

     In short, its "possible", but not necessarily likely, that VA could actually improve the qualifty and the speed of the decision simultaneously, by increasing the skill levels of the decision makers, and by using technology.  

     Many times the skill set needed to process electronic claims is not necessarily the same skill set used with paper claims, and some of them processing claims may not have uprgraded their skills to reflect technology changes.  

      It reminds me of accountants of the old school, who "hand wrote" tax returns.  These were not necessarily superior to "turbo tax" returns.  Our tax code is at least as complex as VA law, probably more so.  (If that is possible).  So, if it would work for turbo tax, it could work in the VA when coupled with a ugrade of technology skills of the employee.  

Edited by broncovet

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Loyal, If you could see how VBMS is arranged, you would know a nexus /IMO sticks up like a red flag. It's right near the VA exam notes after a 526EZ is filed. If it's a private one rather than a VES/QTC IMO type, it is labeled "Medical Opinion-non govt. facility." It's not like you have to search for it. A c-file is a fustercluck of documents in whatever order they were inserted. A VBMS e-file is chronologically arranged very carefully.

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