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So now the bva can say the benefit of doubt isn't applicable in veteran claims

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Mr cue

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Ok this is crazy I have never seen this before in any of my case.

Ok this is the bva decision on my increase on the adjustment disorder and I guess the decision for smc l

Need of help for this condition.

 

 

The Board acknowledges the Veteran’s assertions of entitlement to an increased rating.  Further, the Board notes that the treatment records demonstrate that the Veteran had symptoms associated with both a 70 percent disability rating, such as obsessional rituals which interfere with routine activities and near-continuous panic or depression affecting the ability to function independently, and symptoms associated with a 100 percent disability rating, such as intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene.  However, the weight of the medical and lay evidence shows that the severity, frequency, and duration of the Veteran’s listed and unlisted symptoms more closely approximate the symptoms contemplated by a 70 percent disability rating, which are less severe, less frequent, and shorter in duration than those contemplated by a 100 percent disability rating, throughout the period on appeal.  See 38 C.F.R. § 4.1

  Based on the foregoing, the Board finds the Veteran’s adjustment disorder symptomology has been productive of, at most, occupational and social impairment with deficiencies in most areas during the entire appeal period. As such, a rating in excess of 70 percent for the Veteran’s service-connected adjustment disorder with depressed mood is not warranted at any time. The preponderance of the evidence is against the claim and the benefit of the doubt doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert, 1 Vet. App. at 53-56. The claim must be denied. 

 

I have never seen a bva decision like this.

First told I meet both the 70 and 100 rating.

What happen to the veteran will be give the higher of the two rating

Then when is it that the bva can say the benfit of the doubt don't apply in my case. Smh never seen that before on no decision. I might be wrong

It will be remand by the court again for them to play more games  smh

 

 

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Pwrslm i have been tdiu pt since 2001

For a neck condition.

I apply for smc benfits and reopen the claim for depression because I found the service records showing I try to harm my self. 2018

The board shifted the tdiu to the adjustment disorder and used my neck condition as the 60%.

To grant 3 month of smc s and than I was granted smc l.

Effective 2018 the date I apply.

The board va will not address that it was a claim reopen due to new service records or the effective date.

After a dro hearing 2018 I was send to a a@a comp exam for the adjustment disorder.

They will no give a decision or addressing it.

Because this would give me smc o

this  the new bva decision after the court remand it. 2021

And this is what I got.

So now I am back at the court again to bring it back up to be remand again.

It just crazy but they are boxing there self in.

Decision by decision.

 

 

 

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And now we know why no one can get anything through the BVA or the Court of Veterans appeals. Mr. CUE has it all tied up. (Just kidding keep it up. You can bet I will.) I have read where the BVA has tried to use "res judicata" prevents you from simply continuing an appeal. "  There seems to be some confusion on "res judicata." Res judicata only applies when a "Court of Competent Jurisdiction" has render a FINAL decision.  I.e. CAVC or the Court of Claims. The BVA is not a court in the same way the others are. The BVA is an administrative hearing like a Social Security Judge is. So res judicata only applies if you have ben to the other Courts.

Edited by Rattler767
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