The BVA is our friend

[Dustoff1970]

Within past 3 to 4 years the BVA has granted/approved 2 of my appeals and given remand to another that then resulted in a grant of benefits.  On at least 3 or more occasions the same northern Nevada biased against me VA C&P examiner has issued negative opinions against me and the BVA has ruled against him or ordered a new C&P exam by private examiner. BVA has stated his opinions were defective and deficient and without merit or substance to justify the negative opinion. HLR and Supplemental claims were also denied by VARO and a waste of my time. The appeals were for (1) OSA Sleep Apnea secondary to PTSD and (2) increase in my IHD/CAD heart disease from 30 to 60%.  BVA judges also issued me SMC-S retroactive awards.

On other issues of Tinnitus and GERD claims the VARO issued rare initial approval for my claims in past two years. C&P exams were conducted by QTC after I complained about the biased VA examiner.  The same chicken*** examiner also ruled against me on a Hypertension (HTN) claim secondary to PTSD and Sleep Apnea that was then approved service connected under the PACT ACT.

The Board agreed I had good solid medical evidence in my favor.  Therefore, I advise others to appeal VARO denials and sloppy biased negative opinions from C&P Examiners and VARO raters.  I handled all claims and appeals myself since 1985.

On another note, LHI lied about my not attending an EKG C&P exam at their Rancho Cardova facility last year after i drove 150miles one way from Reno to attend the exam on time and correct date.  When I arrived, the foreign clerk said the technician was out sick and they would reschedule but never did contact me and falsely stated to VA I failed to show for the exam.  I also did not receive any travel pay for the 300-mile RT. I pointed this out to the BVA judge in a letter and he or she approved my increase for 60% based on solid medical evidence.  Never give up and keep fighting those that are biased against disabled vets.

 

Edited June 6, 2023 by Dustoff1970

[broncovet]

Well, yes.  Do the math.  If you look at the BVA chairmans report, you will see that around 2/3 to 3/4 of the decisions result in either a win or a remand. Only about 20 to 30 percent are denied. 

But, at the VARO, most of us know about 70 to 90 percent are denied, even more are lowballed, or given the wrong effective date and still have to be appealed. 

Thus, your chances at BVA are about 3/4 in the Veterans favor.  

But at the VARO your chances are about 1 out of 4.  

I estimate the Board is 3 times more favorable than the VARO.  The VARO does not post "denial rates like the Board does, but we I can pretty well keep track, considering I have answered thousands of Vets questions since 2007

[Dustoff1970]

I posted this topic because overtime I have seen a lot of BVA bashing on veteran forums including this one that is not justified IMHO.  The lawyers for the BVA are a professional group of folks.

It has been clear to me for many many years that it is the unstated policy of VA Claims raters and VA C&P examiners to deny many types of claims automatically regardless of strong supporting medical evidence for the claim.   Your math numbers and my long term experience support my contention.  This info is for new members and those new to the claims process.

Delay, deny until you die or go away is VARO policy from top down to VARO.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

[broncovet]

For reasons I stated, above, I always advise Veterans who HAVE been denied at the VARO to "get your claim to the BVA as quickly as possible", and this means skipping the HLR.  While some have had success with the HLR, the HLR reviewer is probably the guy who trained the guy who denied you in the first instance.  

So, how do you think the HLR will rule when he is the one who trained the guy to deny you?  

[retiredat44]

same here. BVA, the lower levels hate vets