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Unbelievable: Va Exec testifies to Congress they (the VA) will not comply with laws.

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broncovet

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Im shocked, and would not have believed it.  See for yourself.

And, we wonder why VA does not comply with its own laws, and grant our benefits promptly, but instead makes us appeal, sometimes for decades!!!

 

 

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  • HadIt.com Elder

Another outstanding report showing both sides.  The law has not been enacted.  The other reports reported it as though it was already law instead of discussing whether or not it should become law.

I side with both sides.  The vet should have a psychiatric referral to a Judge for both the removal of gun rights and the appointment of a money monitor.  Social Security the same way.

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VA has had "way too much control" for a very long time.  As you know, the VA has "its own police force", and, they allege, that means the VA gets to choose which laws they will comply with and which ones they wont.  

I dont get that choice, I either have to comply with laws, or go to jail.  Now that CHevron has been overtuned, this should eventually limit some of VA's "overreach of power".  

The VA always makes the excuse "We are a Veteran friendly" organization that always gives the benefit of the doubt to the Veteran.  Most of us know that is just not true, most of us had to fight like crazy to get the benefits we deserved, that we should not have had to appeal.    If VA is so "claimant friendly", why do they have about 500 lawyers on staff, ""at the ready" to fight Veterans who appeal denials?  We do not get our attorney fees paid at the BVA level, so why does VA get to use VA money "supposedly to help Veterans"  for attorneys  to fight against us for our benefits?  

    Worse:  Scotus justice RObertss once remarked it was "incredible and he was shocked" to hear that VA "takes a position against the Veteran" which is "substantially unjustified" about 80 percent of the time?  Thios means that Veterans get their attorney fees paid by eaja, "only when VA takes a position (against the Vetean)  which is substantially unjustified".  

In other words the VA fights Vets for their beneifts when the denial was bogus, and they should have just given us our benefits from the get go.  The va fights us because it makes them money, as too many of us quit because we get too sick or die, or are too weak to fight them any more due to failing health.  

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  • HadIt.com Elder

Or just mentally incapable of managing the stress of the process or because of PTSD, unwilling to go through the stress of the process.

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  • Content Curator/HadIt.com Elder
On 7/15/2024 at 6:18 AM, broncovet said:

VA has had "way too much control" for a very long time.  As you know, the VA has "its own police force", and, they allege, that means the VA gets to choose which laws they will comply with and which ones they wont.  

I dont get that choice, I either have to comply with laws, or go to jail.  Now that CHevron has been overtuned, this should eventually limit some of VA's "overreach of power".  

The VA always makes the excuse "We are a Veteran friendly" organization that always gives the benefit of the doubt to the Veteran.  Most of us know that is just not true, most of us had to fight like crazy to get the benefits we deserved, that we should not have had to appeal.    If VA is so "claimant friendly", why do they have about 500 lawyers on staff, ""at the ready" to fight Veterans who appeal denials?  We do not get our attorney fees paid at the BVA level, so why does VA get to use VA money "supposedly to help Veterans"  for attorneys  to fight against us for our benefits?  

    Worse:  Scotus justice RObertss once remarked it was "incredible and he was shocked" to hear that VA "takes a position against the Veteran" which is "substantially unjustified" about 80 percent of the time?  Thios means that Veterans get their attorney fees paid by eaja, "only when VA takes a position (against the Vetean)  which is substantially unjustified".  

In other words the VA fights Vets for their beneifts when the denial was bogus, and they should have just given us our benefits from the get go.  The va fights us because it makes them money, as too many of us quit because we get too sick or die, or are too weak to fight them any more due to failing health.  

You are spot on. 

Here are a few ideas which would truly make the VA "Veteran friendly". Of course the VA would fight vigorously to prevent any of these changes from happening.
1. Effective dates need to be effective back to when the veteran was initially diagnosed during any exam including C&P, not years later when they learned the VA's preferred way to file a claim online or in writing.
2. Eliminate appeal window timeframes so no claims ever truly become final. Veterans generally do not get better over time.
3. Allow new evidence in all appeal lanes.
4. Benefit of the doubt should be considered in all cases.
4. Pay interest on any retroactive payments regardless how the retro was awarded.
5. CUE should be reworked to allow benefit of the doubt and new evidence.
6. Just like Tricare and CHAMPVA, give Veterans a card to get healthcare when and where they need it from all care providers, but without needing prior approval by the VA.
7. Change CRDP so retirees with 10% to 40% VA ratings are not subject to CRDP offsets.
8. Change the COLA algorithm to reflect the actual cost of living.
9. Ditch the VA's combined rating algorithm to determine payment thresholds. Use simple addition plus the bilateral factor. If a rating sum is between 10% to 100%, they get paid the current rates and any amount above 100% is scaled upwards accordingly.
10. Eliminate the pyramiding policy.
11. Change 1151 claims to be payable as an additional separate disability payment.
12. Allow Veterans to get prescriptions filled in any pharmacy.
13. Allow VR&E and/or ILP to be available at any time to anyone with 10% or higher rating.
 

 

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

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