Duty to assist

[Mr cue]

Ok I have been looking and I don't see this address anywhere.

Can a veteran waive the VA duty to assist.

Say a veteran believe he has evidence in his record to granted benfits.

Why can't the veteran waive VA duty to assist.

If a veteran has had 7 exam for the same issue. When can the veteran say make a decision on his or her evidence. An the exams

Seem to me the VA has all the power to delay order exams deffer all based on duty to assist.

An it doesn't seem to be assisting veterans.

 

I understand this is a good thing for veterans who are apply new from service.

But veterans with 20 15 10 years of records and may 7 bva decision and over 15 comp exams as part of there record.

It makes no sense they should have to address there evidence in your record.

 

[broncovet]

Likely, no.  The Va has "discretion" on whether or not to order a medical exam.  This is not the Veterans choice.  

Its likely that there "is" something about your medical records, that some evidence is missing, and needs a c and p exam.  Some examples:

Did a doctor give you a diagnosis, such as "loss of use"?  While you may know that body part does not work, this is insufficient..it must be documented by a doctor.  

[Mr cue]

I would think with the VA hospital paying for in home care do to my loss of use would be evidence.

I would think the 7 comp exam that I have had which state about my loss of use would do it.

But VA feel there going to order exam until they find a medical opinion to denied.

I am at the cavc the VA lawyers have already ask for a remand on this.

I just don't want to play anymore games.

I am still looking but it seem that a veteran can waive duty to assist.

It just that the VA will not address it.

There are many cavc case based on this. That got remand 

[broncovet]

I probably have 100 keys laying around here.  So, I need "one" and it has to be there, right?  No.  The one I need is not there.  

Did the hospital records document loss of use?  Did you read them?

Just because you have 7 exams, does not mean any of them give all the evidence needed.  I have not seen your exams, I suggest you review them.

When I first started at this, I did not want to get my cfile, then I did not want to review it.  It was a big mistake.  

All this said, I dont know, but I do know that VA "wont connect the dots".  Its easy to be optimistic and say, "oh, its all there", but is it?  I have no idea.  Read each exam..see if it says that a doc said you have "loss of use".  

"Loss of use" is a judgement call made by a doctor, not a Veteran speculating on it.  

Im just trying to help, because I have been down that road many times.  Did a doctor say you have loss of use, and is it in your file?  Or did you just assume it was in there?

I know I "just assumed" it was there..for many years..when it was not there.  

The evidence may or may not be there..I dont know.  But, it sounds like one or more rating specialists, one or more BVA judges, and one or more CAVC judges could not find it.  Berta called it a secret force..that removed key evidence from our file.  Your file could have "the one exam" you need to docuement it all..gone AWOL.  

 

Edited August 24, 2022 by broncovet

[Mr cue]

Dude enjoy your day not in the mood to debate keys and doors an crazy stuff.

I been doing this for over 25 years I think I understand what evidence is need. An when the VA is playing games.

The post was about if veterans can waive duty to assist.

An like I said there are many cavc case we're a veteran did that and the VA ingore the veterans.

The cavc remand the case back to bva  because they can't ingore s veteran statement.

So the answer I would believe is a veteran can waive the duty to assist.

[Carl the Engineer]

Well, it's clear as mud.  I'm not to sure where you (Mr cue) are in this process, but you are in here somewhere.

https://cck-law.com/blog/vas-duty-to-assist/#:~:text=The phrase “duty to assist,records%2C and VA medical records.

I read the whole thing and I don't see where they mention anything about the Veteran refusing duty to assist.  

But, 

Carl

It's a good read anyway!