Decisions inconsistency at BVA level

[Whodat]

So to kill time, I have been reading 2022 BVA decisions. I have seen a few cases that are pretty similar. For example, Vet 1 filed a claim for a disability 10 years after service, had an event or injury while in service, a current diagnosis, no IMO or anything, was granted. Vet 2 pretty much same scenario, denied. 

Lots of cases that I have read is pretty much lowering my morale level.  In example, I had an event or injury while in service, a current diagnosis as well as a diagnosis while in service. I have read one denial case that stated that disease and or injury did not manifest within 1 year after service. My retirement physical did not include x rays even though I did identify my symptoms. How does VA knows if it did or didn't manifested within a year after separation?

Also I see lots of remands at BVA level. Even though I see somes cases with IMO,s some have favorable c&p exams but still get remanded. Most of the appeals is under the legacy system, if there are so many denials and or remands, how will the legacy appeal system meet the 2022 deadline? I don't think that the legacy system won't be exhausted until 2024. 

[broncovet]

The trouble with reading the decision alone, is that you did not get to read the facts of the case, that is, the Veterans cfile.  There is a lot of interpretation going on here, and there is a wide variety of opinions.  

The good part about BVA:  You can appeal it, if unjust, pretty much with an attorney at no cost because of EAJA..  I have done this multiple times, won a remand each time, and eventually got more benefits. 

Still, of course, its a time burner.  

[ShrekTheTank]

13 minutes ago, Whodat said:

So to kill time, I have been reading 2022 BVA decisions. I have seen a few cases that are pretty similar. For example, Vet 1 filed a claim for a disability 10 years after service, had an event or injury while in service, a current diagnosis, no IMO or anything, was granted. Vet 2 pretty much same scenario, denied. 

Lots of cases that I have read is pretty much lowering my morale level.  In example, I had an event or injury while in service, a current diagnosis as well as a diagnosis while in service. I have read one denial case that stated that disease and or injury did not manifest within 1 year after service. My retirement physical did not include x rays even though I did identify my symptoms. How does VA knows if it did or didn't manifested within a year after separation?

Also I see lots of remands at BVA level. Even though I see somes cases with IMO,s some have favorable c&p exams but still get remanded. Most of the appeals is under the legacy system, if there are so many denials and or remands, how will the legacy appeal system meet the 2022 deadline? I don't think that the legacy system won't be exhausted until 2024. 

For the Year after seperation, they will typically use your medical records to see if it was present.  You could try Lay statements, as they do hold water.  As long as you brought it up and is in the records, this should work.

So I am dealing with my first claim still and I am in the BVA with a remand back from the CAVC, where I won my rating , but did not get the EED.  

I learned a lot from this one.  I found that when you go in for the C&P and submit online, you only send them the infromation they need.  Then Highlight that information, they can see right where the issues are and they can see the event.  I have not had to appeal any of my other issues as I learned my less and I am 8 years into mine.  

As for the last one, it depends on how the Va decides to count it.  If they decide that getting any time of decision (grant, denial, remand) they can then say they have addressed all of the appeals.  I highly doubt they will go off of when the case is finally done.  

I think mine is at the BVA and should be at the front and is taking so long is because they are working any old cases that have had nothing done with them.  Like I said above, if they can work the claim and even just give a denial, then they can say the appeal has a decision.

[Whodat]

I understand but it just blows my mind. @broncovet yes it is hard to interpret if I don't know what's in their cfile. 

@shrekthetank in my case, my gap was 7 years after separation. I Basically stated in my statement that it did start in service but instead of the fear of being medically discharge, I sought self medical treatment until I could no longer take the discomfort.

 

It just so mind-blowing that vets have to go through this. I think that they should have joined Hadit and had gotten more knowledgeable from the most experienced people like yourself, broncovet, Dustoff vync and lots of others that had been fighting for a long time. 

[pacmanx1]

1 hour ago, Whodat said:

I don't think that the legacy system won't be exhausted until 2024. 

At the present time, I believe the VA already announced that they will not meet their end of year 2022 goal of eliminating all the legacy appeals. With that said most of the BVA decisions are either denials or remands. It seems that the BVA tries to give the VARO a second chance by remanding claims hoping they will get it right, don’t forget that there are times when the BVA will grant claims or decisions but still remand them back to the VARO for rating purposes or to assign them effective dates. It is what we call the hamster wheel.

I have had one claim continuing for two decade and now it is going back to the CAVC. Depending on what evidence is in the records, you will never know exactly what helped the claim get granted or what caused the claim to be denied. In my case the evidence was always sitting there in my records, but it was not until I made extra copies and submitted them to the BVA before someone decided to review my entire records but now, I am doing the exact same thing for my rating percentage.

I see that you posted several times about lowering the morale level, IMHO (IN MY HUMBLE OPINION) you have to learn how to encourage yourself. Get angry, get upset but channel all that energy up and begin focusing on the evidence and the regulations you need to better understand your worth. It’s like this, I was told several times that I did not have a chance of getting my service-connected disabilities granted. It just pissed me off and I decided to figure out what was going on and why the VA was denying my claims. Most to all my claims that were once denied are now service-connected and now I am going after the correct effective dates. So as for me my morale is fine, and I am looking forward to the next step. It is OK if my claims are denied but give me a real reason that I can understand but if you can’t, I am going to file an appeal until I get a better answer or the right answer.

I feel it is better to fight the VA now compared to fight the VA later where my health and my mind may be in a worst state or condition.

 

[ShrekTheTank]

I had no idea the health problems we could have after service.  I also had no idea what the VA would really do after service.  They really never laid it out well other than here is an exam and here is 10% for your knee pain.  

I never really thought it would last and when it went away I thought oh well I guess I only get it for a certain time.  I was paying for all sort of medical issues out of pocket.  I had no idea I could keep going to the VA hospital or that I should file for benefits.  I had a friend who said I should look into it and found the Presumtive issues that others had already been fighting for and I was able to get a lot of mine connected pretty easy.  If this work had not been done, it would have been very difficult.

My issues have gotten worse over the years and there was no way to know they were coming.  If I would have had to get them within that first year there is no way I would have caught them.  When you have a progressive disease and or many of the other issues.

This is why I talk to every veteran I can, because they need to know these things.  They need to know there is help. There are people who can help guide you and not tell you to just keep what you got and be happy.

[Whodat]

39 minutes ago, shrekthetank1 said:

I had no idea the health problems we could have after service.  I also had no idea what the VA would really do after service.  They really never laid it out well other than here is an exam and here is 10% for your knee pain.  

I never really thought it would last and when it went away I thought oh well I guess I only get it for a certain time.  I was paying for all sort of medical issues out of pocket.  I had no idea I could keep going to the VA hospital or that I should file for benefits.  I had a friend who said I should look into it and found the Presumtive issues that others had already been fighting for and I was able to get a lot of mine connected pretty easy.  If this work had not been done, it would have been very difficult.

My issues have gotten worse over the years and there was no way to know they were coming.  If I would have had to get them within that first year there is no way I would have caught them.  When you have a progressive disease and or many of the other issues.

This is why I talk to every veteran I can, because they need to know these things.  They need to know there is help. There are people who can help guide you and not tell you to just keep what you got and be happy.

Shrek you are sure right about that. I have served over 20 years active army. When I was in, I thought that I was healthy as a horse. 4 years after retirement, omg. But I had to continue working to make up for that lost income. 

Old vets had seen me going through pain, asked me did I file. I never knew. They showed and told me what to do, but they never told me that it was going to be tough. 

I listened and learned, that's what got me to 90. Getting the hundred omg. I am just trying to get there, I would do eed later. 

My VA doc put into my records, I should not drive or work. At that time my VA doc did a form for me for medical leave. I have not worked since then. The VA fail to see that.