VA Fraud Against a Veteran

[Lemuel]

Has anyone seen a case on "VA fraud against a veteran;".  Appears in a profile of an attorney who sent me a letter for representation of my appeal of my BVA decision.  Bray v McDonough, Docket no. 23-1587 in case you want to follow the case.  I will update on this thread.

Edited March 25, 2023 by Lemuel
left out VA

[john999]

VA fraud against vets is SOP for the VA.  If you are claiming big retro expect them to use every dirty trick in the book.

[Lemuel]

Among the 1994 letters is a "next of friend" claim for other veterans.  Since ask by a social worker in 1986, when ask to help a couple of veterans in a PTSD group with their claims, I have been an activist for veterans with organic brain syndromes from focal TBI, blast concussion TBI, cerebral malaria and other organic causes of brain syndromes including epilepsy.

If an attorney takes this case they may try to put together a class action case since the CAVC has not certified a means of doing that.  It is a wait and see situation.  Several attorneys are looking at the case.  Some will be waiting to see the RBA before deciding.  Others may ask me for the documents I referenced in my briefs and motions to the BVA including motions to vacate previous decisions under 38 CFR 20.1000.  I am hoping the one with experience in winning a case of "VA fraud against a veteran;" will take the case because of their experience.

If anyone wants the contact information of the law firm let me know here.  If they take the case, I will provide it individually to interested parties.

[Lemuel]

1 hour ago, Vync said:

@Lemuel Roger that.

The CUE I submitted two years ago contested an inaccurate percentage on an initial decision from 20 years earlier. However, they stuck it under AMA because that was when I got my CUE, despite the fact that the error was made during the legacy appeal timeframe.

 

My first BVA case was legacy.  The CAVC, in response to a mandamus appeal referred me to a Legacy Appeal for this case.  So the BVA Judge did not read the record of what brought about the appeal in the first place.  Again, it is a wait and see game.  I do not think the CAVC is going to take lightly to the BVA Judge's change to AMA given it was their referral.

[Stayfocus]

33 minutes ago, john999 said:

VA fraud against vets is SOP for the VA.  If you are claiming big retro expect them to use every dirty trick in the book.

I have always felt that about BVA appeals for EED. In my opinion, I feel the person that intakes the appeal and dockets it, move it to the back of the line.

Even though BVA by regulation is supposed to adjudicate appeals in dock order, like you said, if it’s a large retro, they will pull out every trick in the book.

[Stayfocus]

12 minutes ago, Lemuel said:

My first BVA case was legacy.  The CAVC, in response to a mandamus appeal referred me to a Legacy Appeal for this case.  So the BVA Judge did not read the record of what brought about the appeal in the first place.  Again, it is a wait and see game.  I do not think the CAVC is going to take lightly to the BVA Judge's change to AMA given it was their referral.

BVA is notorious for acting confused when dealing with cavc orders.

[pacmanx1]

8 minutes ago, Stayfocus said:

BVA is notorious for acting confused when dealing with cavc orders.

There are times when the CAVC will say BS readjudicate the veteran's appeal. 

See: Stegall v West 11 vet app 268 (1998)