Recent Supreme Court Amicus Brief

[Waitingtoolongdave]

So much for the VA trying to "assist" and to be "non-adversarial."

"David Shulkin, the former VA secretary, candidly acknowledged that the system as it currently functions is “adversarial.” Krause, Veterans Affairs Secretary Admits VA Is ‘Adversarial’ For Veterans (Nov. 8, 2017)."

"In 2020 (the most recent year for which statistics are available), the CAVC ruled for the veteran in more than 90% of cases decided on the merits. See U.S. Court of Appeals for Veterans Claims Annual Report at 3 (2020).12 This means that BVA denials of benefits are erroneous in nine out of every ten cases. Even worse, claimants were awarded Equal Access to Justice fees in nearly 80% of appeals. See U.S. Court of Appeals for Veterans Claims Annual Report at 4.13 EAJA fees are available only if a court finds that the government’s position is not “substantially justified.”

https://www.supremecourt.gov/DocketPDF/21/21-234/217825/20220307111705611_21-234 Amicus Brief of Military-Veterans Advocacy and Legal Aid Foundation of LA.pdf

 

[Richard1954]

When I submitted my  initial claim I made one fatal mistake, I followed the directions of  an advisor who was advising the whole group of vets who were leaving service. He said, to write" see medical records"  under the issues claimed.  Back then it make a lot of sense. But as I got to understand the system I learned how the advisor and the VA actually screwed me out of ratings in 1986 that would have put me at 80 or 90%. It was 30 years before I submitted a claim for direct service connection for TBI, 19 years before I submitted my claim for direct service connect for COPD, even my retirement physical said, asthma with COPD secondary. I actual thought they were one of the same. Sinusitis, direct service connection it took 3 denials before I got IMO's and it was granted service connection 18 years after my retirement. The COVA said, I was responsible to claim the conditions, that it was not the VA's responsibility to review my medical records to determaine what I should have been rated for. Instead I was only rated for 3 issues,  back injury, rhinitis, and (R) knee injury and even though the medical records showed I was retired for Asthma with COPD secondary I was denied service connection for both issues. Two years later on CUE I was awarded SC for Asthma that was in 1988.  The va has always be adversarial even in 1986, they have just gotten worse and it is more apparent than ever before.  And when they tell us as they change the rating system that it will be eaiser for veterans to get ratings, do not believe them. cause it an't so!

[Vync]

1 hour ago, Richard1954 said:

The va has always be adversarial even in 1986, they have just gotten worse and it is more apparent than ever before.  And when they tell us as they change the rating system that it will be eaiser for veterans to get ratings, do not believe them. cause it an't so!

With an abysmal ratio of claims being granted upon appeal, that is clear proof of an adversarial environment. And duty to assist? We vets often are required to assist the VA by identifying their errors which should have never occurred to start with.

[Richard1954]

6 minutes ago, Vync said:

dentifying their errors which should have never occurred to start with.

Isn't that the truth!