Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
VA "bogus reasons for denial"
Rate this question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
broncovet
PLEASE POST your "bogus reasons for denial" to help other Vets, who often get similar bogus reasons. Im gonna post at least 3 of mine, please also post yours. If you have "overcame" your bogus denial, please give the method in which you did this, if possible.
Bogus denial number 1. Year 2002. Hearing loss was denied because "it was too long since military service". Its bogus because "time since military service is not one of the criteria, and VA has to rate on the published criteria. An appeal to the BVA reversed this denial.
Bogus denial number 2. Year 2009. "TDIU is moot". Bogus. I also appealed to the BVA arguing TDIU was "not moot" because:
a) It could result in an earlier effective date, if awarded.
b) Bradley vs Peake allows tdiu to be one of the "100 percent" in 100 plus 60 statuatory SMC S.
I appealed to the BVA using the reasons, above. The Board agreed with me and specifically stated, "Tdiu is not moot" and ordered consideration under 38 cfr 4.16B (Tdiu when the percentages in 4.16a are not met).
Bogus denial number 3: Year 2020 SMC L was denied because my symptoms "did not present a COMPLETE need for A and A". Bogus. Read 38 CFR 3.352 which states:
https://www.law.cornell.edu/cfr/text/38/3.352
Because of this sentence, above, I do not have to have "ALL" the A and A symptoms for a favorable rating. I dont need to have a "complete" need, the denial contradicts the regulations.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
1
Popular Days
Apr 15
4
Top Posters For This Question
broncovet 1 post
63Charlie 1 post
deedub75 1 post
Hucast21 1 post
Popular Days
Apr 15 2020
4 posts
Popular Posts
63Charlie
The VA's favorite reason for denial of service connection for a lot of my claims is: " No diagnosis of the condition was found in service medical records". A diagnosis of a condition in service i
3 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now