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. 

[Vync]

15 hours ago, pacmanx1 said:

You know this is very strange, while in the military my condition was treated as chronic and post service it remained the same. My initial VARO claim was denied and then the BVA remanded my claim for new development and adjudication but when the VARO denied my claim again, the BVA decided to deny it also but when my claim went to the CAVC and they did a joint remand back to the BVA, this time the BVA had a change of mind and stated that the evidence was in my records and my statement was considered consistent and credible. WTH, they waisted over a decade to finally acknowledge what I was claiming and awarded my disability directly related to my military service.

Indeed. When a VARO or BVA agent makes obvious mistakes like this, I cannot help but wonder if they are ever given corrective training after the mistakes are reversed on appeal? The lengthy amount of time it takes to correct these errors almost certainly means they are going to continue to repeatedly make those same mistakes over and over again with other veterans' claims. And years later, if the agent receives the corrective training, they are probably like, "oh well..."

 

[Whodat]

It needs to be another updated 20/20 show to expose on how the VA systems on how they have the duty to assist on how to delay/deny until you die tactics. 

Don't get me wrong, some claims are bogus, deserved a denial, but there is a section on the decision letter that tells you what to do, you do it then turn around and get another denial. Another delay. 

[john999]

How about being exposed to burning shit and diesel for a year?

[Whodat]

I hear you brother. Been there, done that, wear the t shirt. 

1990 Saudi 

2005 OID

Late 2006 OEF. The last deployment was for 15 months. 

 

 

 

 

 

 

 

[MilvetHD]

Speaking of burn pits, the Senate just screwed us yesterday by failing to pass the Honoring our PACT bill. I've got a burn pit and toxic environment claim pending at the BVA and this doesn't help. It's a damn shame cost cutting has to come at the expense of veterans, so to those who are able make some noise with your local representatives. In my opinion, they get away with this because too often we are silent. 

[Jake206th]

On 7/26/2022 at 7:55 PM, john999 said:

How about being exposed to burning shit and diesel for a year?

Or how Veterans were exposed to low levels of Sarin nerve agent, and the VA allegedly knew about it and covered it up, then they were exposed by a whistleblower. At least it triggered a study.

https://www.military.com/daily-news/2022/05/17/researchers-think-theyve-found-cause-of-gulf-war-illness.html

 

This study back in 2013 showed how wind blew this agent over distances. The 2022 study apparently considered this study also.

https://www.usatoday.com/story/news/world/2012/12/13/sarin-gas-gulf-war-veterans/1766835/

Study: https://www.karger.com/Article/FullText/345124

 

 

 

I am not a lawyer and nothing I write is legal advice. It is just how things appear to me based on my limited understanding. and I may be incorrect.

Edited February 4, 2023 by Jake206th