Claims Evidence

[Ricky]

"The Board has thoroughly reviewed all the evidence in the

veteran's claim folders. Although the Board has an

obligation to provide reasons and bases supporting this

decision, there is no need to discuss, in detail, all of the

evidence submitted by the veteran or on her behalf. See

Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000)

(the Board must review the entire record, but does not have

to discuss each piece of evidence). The analysis below

focuses on the most salient and relevant evidence and on what

this evidence shows, or fails to show, on the claims. The

veteran must not assume that the Board has overlooked pieces

of evidence that are not explicitly discussed herein. See

Timberlake v. Gober, 14 Vet. App. 122 (2000) (the law

requires only that the Board address its reasons for

rejecting evidence favorable to the veteran)."

I have searched high and low for both the Timberlake case and where the law requires only that the board address its reasons for rejecting evidence favorable to the veteran. Does anyone have any ideas? Also when it says the "Board" does that mean the VARO also? I think I read on Hadit before that a reference to the board also means VARO.

Thanks

[john999]

Ralph

The last rating decision I got made no logical sense. The decision contradicted itself three or four times.It is like the ratings are made by committee. This is why I say to appeal everything because with these guys you never know what might come out of the next decision. With the same evidence you might get 50% or you might get 70% or you might get 100%. A friend of mine got all three ratings based on the same evidence over a period of two years.

[Objee]

Ralph

The last rating decision I got made no logical sense. The decision contradicted itself three or four times.It is like the ratings are made by committee. This is why I say to appeal everything because with these guys you never know what might come out of the next decision. With the same evidence you might get 50% or you might get 70% or you might get 100%. A friend of mine got all three ratings based on the same evidence over a period of two years.

Not surprising. Different folks, different strokes. Most of us have a damn fine sense of what we should get just by reading the Part IV schedules and our medical histories. Anything less, go back for it - again and again if necessary. Our obligation is to have all the needed medical info and present it in a simple, logical way so a 6th grader can follow it. Their obligation? Let you know when I figure that one out.

Ralph

[Ricky]

I read the GAO report. You know, what in the world is going on. There have been hundreds if not thousands of problems with the VA that have been identified by the GAO over the years. Once identified, the VA puts together some usless panel or committe that develops a very costly fix to the problem and then reports back to the GAO that all is fine. Seems as though billons of dollars have been wasted by this process and no one cares. The GAO just moves on to identify the next problem in order to justify their existence, VA management hires their family members and friends as contractors to study the problem and recommend fixes, the hired hands develop an unheard of costly fix and gives it to the VA, VA management then tells congress that they are going to have to scoop funds off the top of the budget to pay for the GAO study, the cost of the contractors hired to study and develop a fix to the problem plus millions if not billions of dollars to implement the fix. Congress then hails VA management for their proactive efforts in supporting the poor veterans, gives themselves a raise for appointing such a go getting group of guys and gals to run the VA along with lush incentive bonuses for VA management. All the while billions of dollars just went down the tube and no change happens, not a penny is spent on veterans and veterans programs are cut and the billions of dollars wasted by congress and the VA is blamed on the veteran community. Things that make you go hmmmmmmmmm. The only shred of hope is the VAOIG investigators. But when you contact them their reply is "sorry sir but due to the non-adversial system we do not investigate this, this, this, this, this, this, this, this, this, this, this etc.......... What the hell do they investigate? Oh well, who am I to question the system. I am just a dumb, broken redneck veteran who wants a hand out. Wow what a rant I guess I need to go to bed hahahahahaha.

Edited January 30, 2007 by Ricky

[LarryJ]

Well, Rick. You might want to take a nap. Then, please, come over here into my Congressional District and run for Congress.

Ya already have one vote. Moi.