All these changes at the va at not helping veterans

[Mr cue]

So I was just thinking about all the changes to the va system.

First the comp exam system.

U can't get a copy before they use it on your claim.

The no phone contact with bva no more.

They are ordering exams for all issues now with no way to say anything. But put in a statement and hope some address it

This is my opinion other may love all this new stuff.

But to me it looks like a set up to reduce rating and not to grant many claim's.

And the veteran has no phone contact with anyone.

Now let's talk about the mail thing they put out something saying they are adding day to any notice letter.

So if they say u to late you got to appeal and hope.

It does address the 120 days to appeal to court.

So veterans now have 90 days or less. 

I don't think the va lawyer are just adding days they will say u didn't appeal in time and ask the court to dismiss.

This is all my opinion.

And I just want veterans to be aware of things

 

 

[Mr cue]

On 3/14/2022 at 3:44 PM, pacmanx1 said:

BVA grant that threw out five inadequate C & P exams and service connected my disability, yet the RO still sent me to a new C & P exam that I am fighting at the Board

See this is my thing the VA can call a favorable exam inadequate.

An they will say every favorable exam is inadequate and shop the claim until they find the exam they want to use.

An now veterans are fight these new exams when they already had the evidence to grant the claim.

I will use my self I apply for smc benfits.

I have had over 9-10 comp exams in 2018-2019.

The Court remand my case they still try to order new exams again I refused there exams.

They would even denied the claim I had to withdraw it just to get my court remand back to the judge.

So yes I believe the rules on these comp exam are to vague and let the VA order unlimited exams.

I have a 25 year record they will not address it but choose to try to order exams to address it.

I am not about to be fighting there new exams.

Now let me state again I am a 25 year protected veteran so I can push the system a little.

Refuse there exams. I am not tell veterans to refuse comp exams.

Because they will try to reduce and play all these other games.

And will not even process your claim.

Half of the time.

[Rivet62]

On 12/21/2021 at 7:07 PM, Mr cue said:

U can't get a copy before they use it on your claim.

The no phone contact with bva no more.

Right. It doesn't pass the smell test.

[Jake206th]

On 3/18/2022 at 9:19 AM, Mr cue said:

See this is my thing the VA can call a favorable exam inadequate.

I just had this happen in an EED HLR appeal. They returned it for duty to assist error based on; 38 CFR §4.70 Inadequate examinations.

 

On 3/18/2022 at 9:19 AM, Mr cue said:

I had to withdraw it just to get my court remand back to the judge.

Can a Veteran withdraw a claim to stop the VA from further developing a duty to assist error and c&p exam?

I thought once they started they had to make a desision.

 

On 3/18/2022 at 9:19 AM, Mr cue said:

So yes I believe the rules on these comp exam are to vague and let the VA order unlimited exams.

 

Yes it looks like they can just say an exam is inadequate, and order exams. They have that discretion based solely on their own opinion. Even if they are developing for the purpose to obtain evidence against a claim. There doesn't appear to be any instrument to prevent them from doing that because there is no one policing or enforcing it by making them prove their opinion of inadequacy is valid.

 

38 CFR § 4.70 Inadequate examinations.

 If the report of examination is inadequate as a basis for the required consideration of service connection and evaluation, the rating agency may request a supplementary report from the examiner giving further details as to the limitations of the disabled person's ordinary activity imposed by the disease, injury, or residual condition, the prognosis for return to, or continuance of, useful work. When the best interests of the service will be advanced by personal conference with the examiner, such conference may be arranged through channels.

 

 

Hart v. Mansfield, 05-2424 (Vet. App. 2007)

The Secretary has a duty to assist a claimant by providing a thorough and contemporaneous medical examination when the record does not adequately reveal the current state of the claimant's disability. See 38 U.S.C. § 5103A(d)(1); (…) However, VA may not pursue such development if the purpose is to obtain evidence against the claim. See Mariano v. Principi, 17 Vet. App. 305, 312 (2003); see also 38 C.F.R. § 3.304(c) (2007) (development of evidence should not be undertaken when evidence present is sufficient for service connection determination).

 

 

 

Douglas v. Derwinski, 2 Vet.App. 435, 439 (1992) (noting the "basic principle of the VA claims process that claims will be processed and adjudicated in an informal, non-adversarial atmosphere"); see also Comer v. Peake, 552 F.3d 1362, 1369 (Fed. Cir. 2009) ("The VA disability compensation system is not meant to be a trap for the unwary . . .").

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 4, 2023 by Jake206th

[Mr cue]

Yea I look like the VA is up to there games..

I can say what they will try to do if you withdraw the hlr.

If it was me I would withdraw it.

You have the 100 an smc s take it an run if you still can.

These contractor exams are just something else to me.

Is the condition the one you were grant 100 for or is it another condition.

Your rating is new so they could do anything.

But good luck 

 

 

 

 

 

 

[USNDW]

I found that when dealing with several VAROs that it did not really matter what evidence existed for my claims, they never reviewed the information in my file. 

Even after I pointed out the dates of VA exams, the findings, and used crayons and highlighters they still denied before even before scheduling an exam

i.e. in September 2008 I had my initial C&P exam about 45 days before retiring. That exam by a VA examiner noted stiffness, swelling, and painful motion of joints (multiple from shoulders to feet) fatigue, and weight loss. That was in conjunction with a couple of knee replacements and surgical records.

Later in May 2009 a private rheumatologist diagnosed RA. All medical records were submitted and correspondence that connected the imaging reports, the medical findings from both civilian and VA examiners. The VARO in Seattle denied the claim stating no evidence existed.

Since then I have had the Las Vegas VARO,  the St. Louis VARO,  and the San Diego VARO look at this claim on reminds. It took 3 years to get a C&P exam ordered, 2012. That was eye opening. A BVA appeal in 2015 ended with the ALJ ordering new exams and the VARO, 2 of them ignored her.

New laws and procedures are great in concept when it is supposed to help improve the process, but when a VARO decides to not follow we have no recourse.

Point is, even with new standards, every one of us needs to be prepared to fight for every inch

[Jake206th]

On 6/25/2022 at 10:48 PM, Mr cue said:

Yea I look like the VA is up to there games..

I can say what they will try to do if you withdraw the hlr.

If it was me I would withdraw it.

You have the 100 an smc s take it an run if you still can.

These contractor exams are just something else to me.

Is the condition the one you were grant 100 for or is it another condition.

Your rating is new so they could do anything.

But good luck 

 

 

 

 

 

 

Yes it is the same condition that I was granted 100 percent for.

It looks like it's going to be a VA C&P exam at least, not a contractor exam. 

Apparently I can't stop the duty to assist and re examination process by withdrawing my earlier effective date claim at this time, because it is already in motion, and applies to the exam that they based the 100 percent rating decision on which they said was insufficient, and incomplete.

Basically they are developing to obtain evidence against my claim to try and reduce my ratings. Even if I get another favorable exam supporting the severity level and previous exam, I think they are just going to ignore that evidence, or apply a misinterpretation to say it isn't favorable. So I think that I am looking at a reduction or cue attempt no matter what.

Which means that I will be back on the hamster wheel for the foreseeable future. The VA complains about being under staffed and over burdened with work, and then creates their own messes which causes themselves even more work, which could have been simply resolved in the first place.

 

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

 

Edited February 4, 2023 by Jake206th