BVA appeal decision

[EPB]

I finally after 6 years received a decision by BVA dc. It was sent to Portland for execution.  I was awarded TDIU for my 70%ptsd, denied for 100%ptsd, and remanded for lumbar strain. 

Now Portland wants to do a C&P for ptsd. 

The BVA said I should see the change to my rating and pay within 1 to 2 months. 

I'm at a lost why Portland regional wants a C&P. It seemed a closed deal. It's been almost 4 months now and no ratings change. 

Anyone got some help or something?? 

 

[pacmanx1]

Believe me or not but I bet that they also have a report from some bean counting accounting firm or individual that states all veterans will not file a timely appeal, some veterans will die, some veterans will be so disgusted that they will put their decision in a desk draw and plan to deal with it later and miss their appeal date and many other reasons to support the fact that it is acceptable to deny a veteran’s claim or appeal.

[Vync]

@Dot09 The claims processors are literally stuck in the middle between management trying to reach their mandated goals and actually following the laws/regs/rules. A couple of years ago, my c-file contained 11,000+ pages. It is not humanly possible to read that within a reasonable period. Yes, searching source content is helpful, but when most of my records were handwritten with few typed, optical character recognition is not too accurate.
  Spoon-feeding the VA exactly what they need is a huge plus. I am a big advocate of connecting the dots for them. You literally are helping them help themselves. If they took the time to simply verify/confirm these kind of submissions, they would realize we are trying to save them time.
  I completely understand your frustration. I have a CUE at the BVA waiting to be sent to an ALJ for this same issue: The VA failed to read the specific evidence and properly apply the laws/regs/rules in effect at the time the decision was made. They seem to make up with their own incorrect interpretation of the laws/regs/rules... I had a C&P examiner hand write "jaw locks midway" when measuring ROM and did list max ROM, but the VARO said that was not an objective measurement. I guess they don't know the definition of midway or do not know how to divide by two. It's objective based on spelled out math and the fact that the examiner wrote it.

@pacmanx1 Although sad, I believe you are correct. I think the "presumption of regularity" needs to be deemed null and void because of what I observed while in the Army and also the quality of my disability claim results. If the margin of error was at an acceptable 5% or less, that's one thing, but getting 70% of them wrong to various degrees and corrected upon appeal, that is indicative of issues.

[Dot09]

Vync

Yeah my appeal is based on the dro failing to recognize that my disability at 70 percent warrants that I am unable to work for that sole condition. At the time they took it at 50 percent and my 30 percent shoulders were for tdiu. Granted my condition got worse. The dro was too stubborn to see that or simply ignored it to award benefits. The cue comes into effect that they failed to give or show the rater my imo/dbq that warranted a 70 percent rating. I’m sure the BVA will give it justice but at this point it’s just a matter of waiting.

P.S. They also discredited my imo because it wasn’t done in person and that they didn’t know me that well and that my records don’t reflect the severity. Granted I can’t help that the Va psychiatrist takes poor notes. It’s almost as the dro was stating that I’m exaggerating my symptoms. Regardless that imo based on symptoms along would warrant a 100 percent. What’s upsetting in their argument is the c&p examiner is a one time meet and greet and I too also had it over the phone. Then why should they be able to discredit mine if they do the same with a nurse practitioner which has no experience.

Edited October 18, 2023 by Dot09

[Vync]

@Dot09 That sounds like it is pretty straightforward to me. Even if the VA is in possession of your IMO/DBQ, the VA is required to consider it even if the person making the decision does not have it before them. Yes, this seems to counter the "all evidence of record" that we always see. It's a case of the VA having it in their possession and not considering it, or not  properly considering it based on the laws/regs/rules in effect at the time the decision was made. Keep in mind that if the issue would not change your rating, it would not change anything, but it sounds like it might change yours.

[Rattler]

From what brokensolider244th has posted I wonder if some of the problem is not with the raters but the one below them that packages the claim for the raters.