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Why Vets are turned down at the BVA?

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broncovet

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I wondered why its been so hard for me to get attorney representation at the BVA level.  Here is why:

I just got an email from an attorney..who echoes the same position as my Attorney:

Quote

Thanks for reaching out.  My practice is also mainly at the Court of Appeals level, and the main reason for that is because of the immense backlog and waiting period for BVA decisions.  Understandably frustrated clients and slow results isn't a viable business model for a small law practice.

In short, lawyers who represent Veterans cant wait 5 or more years to get paid.  Can you blame them?  Would you wait 5 years to get paid if you could get paid in 2 years instead??  

The CAVC is much faster than the BVA.  My CAVC claim (started in 2017) just got decided (a remand)

in about 2 years.    At the BVA its 5 years or more.  

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Vetquest said:

"What I have learned by dealing with lawyers is that you are the best advocate for your case."

That is true.

Attorneys cannot perform miracles.

Often the only way a vet can establish an inservice nexus is by doing that themselves, with buddy letters, a thoough reading of their SMRs, and in some cases an IMO/IME can help establish that nexus-but that depends on what is in the SMRs.Other claims depend on the veterans full knowledge of what is in their medical records.

I read BVA decisions every week. Many of those remands should not have been at the BVA in the first place.

A veteran should always try to follow what a remand calls for -I even asked the BVA to remand my AO DMII claim,due to a VCAA violation.

Patton (I loved your book- that is George Patton's book and saw the Movie at least a dozen times.)

I believe the VA, due to input I had into M21-1MR , per the Sec's office, called a CUE on themselves,because the C & P exam info turned up.

I was just reading a recent GAO report- I mentioned in a different thread, that said the C & P exams had a timeliness problem that VA neeeds to corrected. Obviously if a vet gets a C & P and the results are not sent to the VA, in a timely fashion, the claim will be denied as a no show.

https://www.gao.gov/products/GAO-19-213T

In part:

 

"The Veterans Benefits Administration has increasingly turned to contractors to conduct the medical exams that veterans may need for disability claims. According to VBA, contractors help it avoid delays in the claims process. VBA awarded up to $6.8 billion in exam contracts in 2016.

This testimony examines VBA's oversight of these contractors. We found the agency does not know the extent to which contractors are meeting the exam contract's quality and timeliness standards. The agency identified some contractor performance problems, but the incomplete information gathered on performance highlights the inadequacy of VBA's oversight."

VIEW REPORT (PDF, 10 PAGE just click on the adobe acrobat and the full report will pop up.

 

 

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That bears repeating:

We found the agency does not know the extent to which contractors are meeting the exam contract's quality and timeliness standards. The agency identified some contractor performance problems, but the incomplete information gathered on performance highlights the inadequacy of VBA's oversight."

"Inadequacy" is putting it mildly.This is why valid claims are denied.

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Thanks Berta! I am not related to George (I wish I was, LOL).

The Benefits Delivery at Discharge (BDD) said that they see that I was treated for it (Plantar Fasciitis) in service and still being treated for it by the VA. All the Contractor had to do was check the condition (pain) of my feet. The Military / VA had already documented the condition and the VA had done new X-Rays 2 months before the C&P Exam. I first filed for Plantar Fasciitis back in June of 2015. I should get a good backpay check from this.

Inadequacy is normal operation and there is no accountability.   

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5 hours ago, Patton said:

Inadequacy is normal operation and there is no accountability.   

Unfortunately that is true.  We are getting some accountability at the BVA though.  My last BVA remand took note of the fact that proper weight was not given to buddy letters.  They also stated I was a reliable historian about my case.  I love seeing the RO's being told that they are not doing their job.

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I truly understand that they are overworked and things gets overlooked, but they do have a checks and balances. That is how they found the mistake with my appeal. I can wait for them to get it right, but there are so many out there who need the assistances now. 

I believe that the system needs to be more streamline, but it all starts with common senses. 

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