lp1067 Posted December 14, 2019 Share Posted December 14, 2019 has the V A started using contractors to decided remand sleep apnea claims , got a call lady said they were a contractor V A and was going to schedule me with another doctor, my V A sleep doctor has already stated that it was more likely than not I had sleep apnea while in service. what can i except from this evaluation? thank you for your input. blahsaysme2u 1 Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted February 16, 2020 Moderator Share Posted February 16, 2020 VA does this to most of us. They keep denying, we keep appealing until we win. Its the way VA works. 80 percent of first time claimants are denied. OF the ones who appeal, "most" will eventually be awarded provided that they persist until they win. Supreme Court Justice Roberts was "suprised" to find out that VA is "substantially unjustified" in denying the claim well over 50 percent at the CAVC level. At the VARO its more like 80 percent. Link to comment Share on other sites More sharing options...
0 vetquest Posted February 17, 2020 Share Posted February 17, 2020 I once was speaking to a high level VA official who stated that the VA does not award persistence. In other words appealing is not a way to win your claim. This was after the VA dug up a civil war law and made it illegal for a veteran to pay more than $100 to a lawyer when they are defending a veteran against the VA shenanigans. That was overturned and we have the right to appeal with a lawyer and many of the things that the VA used to hide behind are now not available to them. About that time the VA was broken, it has improved as far as the veteran's appellate rights. The military teaches you to not quit and then the VA tries to break us when we are broken. Never quit, never surrender. GBArmy 1 Link to comment Share on other sites More sharing options...
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lp1067
has the V A started using contractors to decided remand sleep apnea claims , got a call
lady said they were a contractor V A and was going to schedule me with another doctor,
my V A sleep doctor has already stated that it was more likely than not I had sleep apnea while in service.
what can i except from this evaluation? thank you for your input.
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LightofSolitude
To answer your first question: This would be a violation of CAVC Court Precedent Mariano v. Principi which you can read here: https://www.uscourts.cavc.gov/documents/Mariano_01-467.pdf To an
GBArmy
It's the VA's game and their rules. They don't have to have a C&P if the evidence deems it is not necessary. That means for example that they think it isn't s-c, they don't have to go thru the tim
lp1067
has the V A started using contractors to decided remand sleep apnea claims , got a call lady said they were a contractor V A and was going to schedule me with another doctor, my V A
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