General Counsel Opinions and claims

[Berta]

Office of General Counsel Precedent decisions can sometimes help some claimants support their issues.

These Precedent Opinions are binding on the VA, within the claims process.

Some of the OGC Precedent Opinions involve issues like:

August 6, 2018

VAOPGCPREC 1-2018

From: General Counsel (022)

subj: Fee Agreements and the Rapid Appeals Modernization Program

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https://www.va.gov/OGC/docs/2015/P0415001.pdf

Impact of veteran's death on dispute regarding potential attorney's fees; Impact of accrued-benefits claim on potential attorney's fees   Author: Thompson, B.  

OGCPrec Op 04-2010   Clothing allowance

OGC Prec Op 1-2007 TDIU re-instatement based on CUE ( 38 CFR.3.105)

OGC PrecOp 4-2002 Meaning of inservice “ injury”

OGC PrecOp 3-2012  review  of prior decisions involving MST

OGC Prec Op 3-2000 SMC Mastectomy

OGC Prec Op # 4-2000 Asbestos related diseases

OGC 11-2000 Duty to Assist

There are many more and there is no search feature, but it might pay some of you to access those opinions at:

https://www.va.gov/ogc/precedentopinions.asp

 

 

 

 

 

 

[broncovet]

Great post, Berta.  Many Vets dont know how to access VAOIG precedent opinions, which are one more weapon Vets can use to obtain their deserved benefits.  Like any other weapon, its of no use if you can not find it when you need it.  Did you notice there is no link to this on the VA's home page?  That is because VA does not want Vets to find it, and they dont want Vets to know how valuable these VAOIG opinions can be in obtaining Vet benefits when VA denies or delays benefits, like the VA usually does.  

Most of these VAOIG precedent opinions can be summarized by VA trying to weasel out, again, on paying Vets what they deserve.  Then, the court "spanks" the Va for doing so, and VA publishes this opinion in order to let "just a few" Vets get benefits.    

[Berta]

The VA wants us to be completely uninformed.These Prec Ops are never mention in M21-1MR as far as I know, and mentioned very few times by BVA and/or CAVC.

I am the only person I know who is challenging an audit with a OGC Prec Op.

The Opinion was written the same year I settled with them for wrongful death of my husband, and it has never been revised, recinded, or altered in any way, because the opinion rests on Congressional Intent.

It was due to the Gardner moratorium I was in.

Section 351 , prior to 1151 , required no proof of malpractice.

My FTCA and 1151 had proof of malpractice, but I still had to wait for Gardner to be decided.

I got a shock yesterday, in going through my stuff for my pending claims.

I thought I had filled the SF95 in january 1995.

No it was filed in March 1995, with regional counsel, who got a Peer review done in May 1995.

RC called me in May 1995 to begin negotiates- as soon as he got the Peer review that supported my charges.

Somehow ,by March, I had already uncovered enough info in the medical records, to support the case.

And by March I had become a lay medical expert on Neuro and cardio, and HBP.

My daughter, still home, ( veteran now) remembers the stacks of medical books I had to read, ll the time,  and the many trips I had to make to law libraries and to medical libraries, and if we had an internet then like it is today- all of that would have been easier.

But the FTCA case still took 2 more years.....because the VA lied and withheld the evidence they had from me, VACO and the OGC. This woud not have happened if I had a lawyer but 20 or more lawyers told me I could never win.

Piss on them- they lost a nice chunk of change. Negativity inspires me to work harder.

My files reveal what VA ebenefits stated as 53 issues. Every claim I filed was denied at first, and then those claims succeeded, after I fought back.

What gets me is that I only filed claims I had ample evidence for, but VARO violated 38 CFR 4.6 at every turn.

Even my Nehmer AO IHD claim.

I believe some VAROs have no intention of reading our evidence right off the bat.

Because that might lead to a proper award. The VAROs have caused the backlog.***

It is caused by deliberate illiteracy.

**** But some vets themselves fail to send them what they ask for , or fail to heed the advice they get here if they need an IMO/IME, and they will be on the hamster wheel adfinitum.

We cant hold hands.

 

 

 

[broncovet]

Berta, I have, in my lifetime seen instances where someone is in the wrong occupation.  

They had a natural talent for occupation "A", but wound up in occupation "B" instead, for whatever reasons.  

You should have been a Veterans lawywer.  You seem to thoroughly enjoy researching both medical and law libraries.   While I did finish my college degree, I did the required research out of necessity rather than joy.  Extensive research, for me,  like many if not most others,  is not something fun.   

You repeated "best" my answers especially when it comes to willingness to research.  Im quite okay with that, I am good at some things, but extensive research is not one of them.  While I am an excellent reader, I just dont have the patience to pour over dozens of cases to find the one that would be the winner winner chicken dinner.  

    Even lawyers dont like to do that, sometimes..tho those that dont are in the wrong profession.  My pastor suggests someone find something they love to do, that they get paid for doing it.  

    I am thrilled that you take the time to research almost every Vets question (that requires research), while most of the rest of us do not.  

    I also think I know what motivates you..I think its your promise to your husband, and, like myself, you want to keep your promises whenever you possibly can.  

    I made a promise to my mother that I would never hurt my family because of alcohol.  She explained if she visited me, and I had beer in my refrigerator, but no milk for kids and they did not have shoes, I was hurting my family.  

    To this day, I can not or will not bring home beer unless Im certain there is milk in my refrigerator also.  

    In the evenings, my wife And I listen to a podcast usually either Joyce Meyer, or Rick Warren.   I am being made aware that we only have so many days left.  

    I have consciously made a choice NOT to constantly persue "things", but rather to persue something where the rewards are "deferred" sometimes.  If I spend all my efforts trying to make myself happy, I will never achieve the result.  Someone will have a bigger house, faster horse, or older whiskey.  However, if I measure my success by the number of people I have helped, and put my joy into seeing their joy, then I can not help but be happy myself.  

     You have helped so many, your joy is full.  

[ShrekTheTank]

Berta,  

Bronco is dead on here!  You truly are a blessing to those of us who have been in the mud and bleed for our country!  You are the true meaning of what it means to serve those who have served!  

I just want to add to Bronco and say THANK YOU!  We know we can never repay your time or effort, but know we are so grateful to you!