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BVA Annual Report to Congress FY 2021
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Berta
https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf
On page 39 of 47 the BVA breaks down the awards, remands, and denials by representation.
As you can see unrepresented veterans or widows did not do too well ,unless their claims were remanded:
No representation: 1,778 appeals allowed, 39.4 % remanded, but 1,771 denied right off the bat (27.2 %)
The least # of denials was with the PVA but they only represented 61 appeals. (Fiscal Year 2021)
BVA confirmed to me years ago that 1151 awards , remands, denials are absorbed by VA into the general Compensation statistics-in those reports that go to Congress and the public----
One more way VA hides their malpractice stats and one good point I made to the VA Accountability office, that ended up with S 221, which hopefully will be passed by the H VAC-this year. It is still in a medical committee. And will take my time away from hadit, this year ,if the VA medical Committee does not get it. I had to contact the S221 sponsors myself as they were preparing S221- non of them had ever served or dealt with the VA system.
I am a little surprised at the denials for non representation but then again I mentioned before how I was remanded by the BVA years ago and then knocked down their C & P doctor, and then was quickly awarded at the BVA, with no representation.
But I had a LOT of evidence, to include 3 IMOs and had even paid for a 4th IMO that I didnt even need or get from the forensic firm, prior to when the BVA awarded the claim. I had studied Cardiology, Endocrinology , and Neurology to get up to the level of VA's Endo doctor ,who denied the claim twice at the RO level. Awarded Direct SC death for DMII due to AO- my husband was never diagnosed or treated by VA for DMII so you can imagine how much evidence I needed to have. This award fully changed the prior DIC wrongful death award and brought many additional accrued benefits.
Nothing is impossible- but if often depends on how much reading and research you are willing to do and how much you are willing to spend on an IMO/IME that will become the most thorough medical assessent you will ever get of your actual disability (ies) situation.
Before I even considered getting costly IMOs I knew my evidence was surperb. But then again I was motivated by attaining Peace with Honor for my dead husband. A wrongful death (FTCA/115) holds no Peace with Honor,in my opinion, because it means that the very system veterans have created the need for, might find veterans,themselves, as victims of VA malpractice. And what is wrong with that picture?
EVERYTHING!
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Berta
https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2021AR.pdf On page 39 of 47 the BVA breaks down the awards, remands, and denials by representation. As you can see unrepresented veterans
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