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. 

[Whodat]

On 7/23/2022 at 6:40 AM, broncovet said:

The VA has 2 goals, which conflict each other.  They are:

1.  Grant every benefit documented by Caluza  elements

2.  While protecting the interests of taxpayers.  

      This is a nice way of saying they want to "weed out" granting benefits to fraudulent maladies, or exaggerated symptoms.  

     There is a "balance" between these conflicting interests...a "sweet spot" where truly sick and injured Veterans are paid, while frauds and malingerers, are denied.  The trouble is you have to prove which of these categories you are.  This generally means they dont beleive a word the Veteran says, only his doctor and other medical professionals opinions.  

      Audiologists, for example, are trained to spot Veterans faking a hearing loss to get benefits.  Its actually fairly easy, in my opinion, for the audiologist to spot fakers so "dont even try it".  

     The hearing test consists of about six levels, in mhz, as well as speech discrimination.  

     It would be highly unlikely that a Veteran could take 2 or 3 different hearing tests and be able to fake that he has hearing loss in 1000, 2000, and 3000, mhz consistently each test, unless you were really hearing impaired.  You see, they give those at different sound levels. (DB's.). 

     Just tell the audioligist "what you hear" and what you dont.  They can smell a faker from a mile away.  No, they wont kick you out of the exam room, they just state something to the effect that the Veterans hearing tests are inconsistent with each other, and therefore the results are unreliable.  

    It is true we can sometimes hear better than others.  For example, especially if you have tinnitus, and you go to the shooting range without ear protection a half hour before the test, you could easily have ringing in the ears and not hear much at all, and not faking it.  They may possibly ask you if you have been exposed to much noise in the past 24 hours or so.  

    I think too much alcohol the night before can affect your test also.  

    I never recommend any hint of faking, or fraud.  It will likely catch up to you, with very bad results.  Just tell em the truth, and you should be fine.  I also dont recommend getting drunk the night before the hearing test, either, to get more benefits.  That stuff can catch up to you.  

     I sleep well at night in no small part because I have no fear of VA doing a re exam and reducing my benefits, because I simply tell the truth each time.  If I took a hearing test 20 minutes after listening to very loud music, I would tell them so.  (except I hate loud music, so I would not do that at all). 

Well, the people that commits the fraud makes it harder for us honest vets. But most of the fraud is in the house of the VA. One of my old posts, I started that I know a person that knows a RO. The RO somehow can get a vet a hundred percent but must pay that RO half of your backpay. 

All of my ratings are honest and legit. 

[pacmanx1]

16 minutes ago, Whodat said:

So what I am gathering is that a promise had been made but the promise can't be fulfilled. Gotta love it. 

I hate to say it but the way that the VA looks at it is that veterans could be lying or exaggerating. The VA wants a medical option that the veteran’s disability is as severe as the veterans claims to be. Also considered the bean counters are saying that there are too many dang gone veterans getting free money. I had an adjudicator tell me he wished he had my money and I replied that means you want my disability symptoms and then he changed is attitude (of course his salary was more than my compensation pay).  Disability pay is not free, it is not a reward or lotto. Veterans suffer for these benefits and should receive better respect.

[Whodat]

Amen brother. Just like we do not know much about the adjudicator, they do not know much about us vets. The abuse that we have put our body through to protect our country. 

Most Vets like myself just want what we deserve. 

Speaking of myself, I am not employed, can't work due to my pain. 

Eventually I will apply for TDUI but I am in an appeal and I do think that my attorney wants me to wait until my appeal is completed. 

[pacmanx1]

8 minutes ago, Whodat said:

Speaking of myself, I am not employed, can't work due to my pain. 

Eventually I will apply for TDIU, but I am in an appeal, and I do think that my attorney wants me to wait until my appeal is completed. 

Not sure why wait on filing for TDIU, if granted while appeal is pending, once appeal is completed you could get an EED of TDIU benefits. Filing for TDIU now could be faster than waiting for appeal and you can get money faster. If you are having financial problems, you can request an advancement on the docket but beware, I think in these days a lot of people are having financial problems. Also, if you cannot work or not working you can get SSDI (SOCIAL SECURITY DISABILITY INSURANCE). A lot of veterans get both.

[MilvetHD]

I actively discourage those I know from filing deceitful claims just to run percentages up and I eventually disassociate myself from those altogether if they keep at it, I want ever veteran to get what they are properly entitled to but not at the expense of being a fraud. However, in my opinion, one of the biggest failures of the VA is that they fail to properly account for the characteristics of the MOS when adjudicating claims. Those of us who endured the most danger, often have the least amount of paperwork and that is what the VA is a paperwork machine, those of us who served in direct combat operations during multiple deployments and the lead up didn't live at sick call. We took the bumps and bruises and carried on for the sake of the mission and our brothers. Again, I have nothing against those with legitimate claims, but it does piss me off when I see 4 year or even career administrative type veterans easily skipping into 100 percent disability ratings for no other purpose than chasing money. 

Pardon my venting but I am a strong advocate for direct combat veterans, who sacrificed it all, and are often denied care because of the dishonest and the adversarial system of the VA. I wouldn't change a damn thing about my service or combat injuries because it was an honor to serve my country and to fight alongside genuine heroes.

[Whodat]

1 hour ago, MilvetHD said:

I actively discourage those I know from filing deceitful claims just to run percentages up and I eventually disassociate myself from those altogether if they keep at it, I want ever veteran to get what they are properly entitled to but not at the expense of being a fraud. However, in my opinion, one of the biggest failures of the VA is that they fail to properly account for the characteristics of the MOS when adjudicating claims. Those of us who endured the most danger, often have the least amount of paperwork and that is what the VA is a paperwork machine, those of us who served in direct combat operations during multiple deployments and the lead up didn't live at sick call. We took the bumps and bruises and carried on for the sake of the mission and our brothers. Again, I have nothing against those with legitimate claims, but it does piss me off when I see 4 year or even career administrative type veterans easily skipping into 100 percent disability ratings for no other purpose than chasing money. 

Pardon my venting but I am a strong advocate for direct combat veterans, who sacrificed it all, and are often denied care because of the dishonest and the adversarial system of the VA. I wouldn't change a damn thing about my service or combat injuries because it was an honor to serve my country and to fight alongside genuine heroes.

Amen again brother. My point. I supply person, no deployments hundred. Multiple deployments for me, and still fighting.