VA's "dirty fingers"..top 5 mistakes on Vets claims.

[broncovet]

The VA does these "top 5" over and over...that is why they are the top 5!!!!!  Check to see if your decision has one or more of these errors!

https://cck-law.com/blog/new-top-5-va-errors-veterans-disability-decisions/

Some quick examples are the VA uses the C and P exam as your effective date, or VA adds "non existant qualifiers" to the criteria.  

(This is one they did to me.  They denied hearing loss because it was "too long" since military service.  Well, "time since military service" is NOT one of the criteria, but if they can get you to buy into that lie for one year, then they win)  

Edited January 20, 2020 by broncovet

[vetquest]

Thanks for the post.  The VA made mistakes 1,3,4, and 5 in my last claim.  It took ten years to get everything straightened out and that does not include my EED appeal.  Their most glaring error was claiming that civilian employer disability insurance was employment, even when it did not reach the poverty threshold.  Check your award or denial carefully and see where their mistakes are and then appeal the decision if there are any mistakes.  Most likely there will be mistakes and not appealing (don't rock the boat) is an entitlement to the VA to continue making mistakes.  I truly wish they would keep track of RO errors and judge the RO's on the number of overturned and remanded decisions.  I have never had a civilian job where I was not downrated on my errors.

[Vync]

The VA made mistake #2 in my claim that is in the CUE hopper.

They may have made error #4 in several other claims of mine, but I am still researching that. Once I have a copy of my claims file, I'll be sifting through it.

[broncovet]

Importantly, here, "absence of evidence" is not the same as "evidence of absence".  Please allow me to explain.  Your meedical records "say nothing" about xy condition.  So, that means, definately, you dont have that disorder, correct?  Nope.  It does not mean that.  Your records could have gotten lost, and, in some cases, there may never have been a record, such as if you were treated in combat.  I dont think your medic would stop and do paperwork when another Veteran was injured and yelled "medic".  He would go and treat them, as they should, and your injury may never have been recorded.  

Alex had something similar.  It seems the VA "denied" he had a GSW in service as there was no record of it.  He showed them the scar, but they did not beleive that. That was the wrong thing for VA to do, because it made Alex angry.  So, he has won a lot of benefits for a lot of Vets.  

Quote

Furthermore, VA examiners cannot only look to an absence of treatment records to deny a veteran’s claims.  According to the CAVC case Bucyzynski v. Shinseki (2011), the absence of evidence is not necessarily negative evidence.  Here, it may be beneficial for veterans to submit lay statements detailing their conditions in order to fill this gap.

 

[Vync]

Correct. In my case, error #2 was a straight case of not properly considering the DeLuca provisions (painful motion = limited motion).

The issues with #4 were from the VA not considering the effective dates of initial claims, despite evidence was present. They just didn't go back. And I didn't know to ask for an EED during the appeal window.

[broncovet]

Whenever a Veteran neglects to file an appeal in the one year period, they reduce their options and make it harder on themselves.  

All Cue claims could be granted with "regular" appeals, but the obverse is not true..not all granted appeals meet the cue criteria.  Example:  If the decision says something to the effect the Veterans claim was in equipose or given the benefit of the doubt, then it would not meet cue criteria.  

Yes, I know that is too late for you Vync, and, I have made the same mistake.  We always learn best at H and K U.  (College of Hard Knocks).  

[Vync]

You're right. Unfortunately, most veterans don't truly understand the importance of the one year appeal window until it is too late. The VA happily takes advantage of this fact.

I'm glad that you and others make posts to remind other veterans of the importance. Hopefully, it will help them to not fall for the same mistakes we made.