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Is the VA on Your Side? (Is the VA non-adversarial?)
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- เผยแพร่เมื่อ 16 ส.ค. 2024
- 0:00 Introduction
0:41 What does adversarial mean in the traditional legal context?
1:17 What does non-adversarial and pro-claimant mean? Why does VA take this approach?
2:07 Does the VA claims process become adversarial at any point?
3:38 What is a statute of limitations and does VA have one?
4:18 At the VA, when does a decision become final? What is “new and material” evidence?
6:53 What is the VA’s duty to assist?
8:17 What do “reasonable efforts” to gather evidence look like for VA?
8:58 VA Medical Exams and The Veterans Claims and Assistance Act (VCAA) of 2000
10:57 At the agency level, how can you show a medical nexus without a C&P exam?
12:02 Can veterans obtain their own records?
12:58 Hearings at the Regional Office (with a Decision Review Officer or DRO) or at the Board (with a Veterans Law Judge)
14:14 What happens if VA does not fulfill its duty to assist?
15:52 Duty to Assist under VA Appeals Reform (including RAMP)
16:38 Do other government agencies have similar non-adversarial systems?
17:23 VA’s Benefit of the Doubt Doctrine - What is it and what is “equipoise”?
19:01 How is this standard of proof different than other legal systems?
19:44 What are the limits of this benefit of the doubt rule?
21:33 How does benefit of the doubt apply to VA ratings?
22:17 What are VA’s rules on “favorable findings”?
24:40 VA’s rule on the attitude of rating officers
25:55 Does VA do a good job of providing a non-adversarial system where veterans get the benefit of the doubt?
28:06 What are the stated and unstated goals of VA in the benefits process?
30:12 How has the introduction of attorneys into the VA appeals process changed the (non-)adversarial nature of the VA?
32:35 The VA’s “Duty to Sabotage” - What is development to deny?
36:25 What can veterans do to help their claim if they get a bad C&P examination?
*READ the blog post here: cck-law.com/ne...
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Simple answer is NO THE VA IS NOT ON YOUR SIDE!
They, the VA operates on the three D process: deny, delay, and you’ll DIE!
Surprise surprise 😂
I SECOND and THIRD That Motion.
The VA IS NOT ON _YOUR_ SIDE! 28:08: THE _REAL_ VA DOCTRINE is "DELAY, DENY AND HOPE THEY DIE!! A CLAIM DENIED IS A DOLLAR SUPPLIED! GUARD IT LIKE IT'S COMING OUT OF YOUR PERSONAL WALLET!" :-S
Always see doctors outside of the VA, and submit the records as expert witness for your case.
Won't matter. The VA does what the VA wants to do. I had a doctor of sleep state that a disability was highly likely connected, but a Nurse Practitioners opinion mattered more to the VA.
The VA does what it want's to do is correct this is part of VA VA hidden agendas and secret polices
it's the VA way or No way.
l travel extensively and are registered at more than a dozen VA"s VA"s they 're all the same.
denial of proper medication for profits ,prescribed cancer causing Ranitidine for 5 months after the FDA said to withdraw it and stop prescribing it
there's good personal in the VA and Bad but the amounts of the money that's unacceptable tells a totally different story an the taxpayers know very little about what really happens within the Veterans Hospitals
and will feel subject my to polygraph and the truth serum regiment given by the milatry
I had a lung biopsy done in during the procedure of them getting me prepared for the I have to see the twist and bend your head and neck at the same time and they broke my neck and I had it repaired outside the VA I can use that up against the right
See a doctor outside VA.
If the VA was on veteran's side there would be no need for attorneys and this video would not exist.
Your so rite. I was just there today talking with some other veterans about how the v.a. does it s best not to pay you or take away some of your disability cash.
I've heard from several people such as Attys, VA employees that they get bonuses for dismissing claims.
Get evidence from a military doctor, your service record or an outside doctor. Put all your claim paperwork together and go to a VSO and give them a copy. If you get a C and P exam go in ready to explain all that is bothering you. Look up the legal codes online and make notes. The VA is not an enemy. They live on a a budget and not giving out any money would eventually end their organization. You have to prove to them that you are having your life impacted by a service connected issue to get compensation. That is the baseline.
Yes worked for me too just like you said
The ILLEGAL ALIENS at Southern Border of the United States get from $3000 to $5000 per month in total benefits.
The Veterans Crisis Line is a free, confidential resource available to anyone. If you need assistance or support, please call 1-800-273-8255 to speak with a qualified responder.
it's probably just a gimmick to get veterans locked up and to pressure veterans to State they are suicidal I would never advise a veteran to call one of these crisis lines
C&p is a joke
No but it is a good place to meet other veterans who are on your side.
Can you challenge the C&P findings that perjured himself and he was the one that the VA leaning on to the decision of my claim.
How can a C&P exam last 20 minutes with no examination preformed and then they turn around and Write a 20 plus page detailed report. Such bull crap
Ikr I looked at a C&P and she actually lied and said I couldn't work because of razor bumps 😅 I was like wtf. Dirty VA is dirty
Wonderful information as always. But you need to find a room without access to windows. Few videos are free of background car or siren noises.
Thank you for your comment! We apologize for the background noise and we appreciate all feedback on our videos.
When you have been denied on a claim , And you hire a lawyer to appeal , And first thing they do is file a NOD first , Under the new system is it then in the adversarial state then ????
NO the VA is not on your side they have a mission to denies as many clame as they can I know personally
I tried to file my claim 40+ years ago but was told I was ineligible because of no Combat time. I have filed now got 10% for Tinnitus. Denied for all other claims although I have been on 100% Social Security Disability the for this include some that are definitely service connected.. please help me. I'm 68 years old now and my health is failing terribly still waiting for appeal. Have fine legal team handling this appeal they are Veterans also.
duty to mislead, delay delay lost it never got it
Probably not. It took me from 1970 to 2009 for the va to finally admit I was entitled to compensation for which I only received 5 yrs in arrears.
Totally adversarial, otherwise I would no have given you folks $80k. The VA Head legal counsel told me to make no mistake, I was the enemy.
Was it worth it
I like the information you are giving but the V.A has done nothing but attack me and falsify information and tell me to "Make up stuff" and they fought against me on "My behalf" after I proved to their abusive French doctor that I had PTSD, which made me lose my case after I complained they were making up stuff to destroy my case.
Federal Court against VA get a civilian lawyer's
I very much Feel that the VA says it's your burden of proof. I truly feel they are on our ( the veteran's side) I provided some evidence not much. I do understand its been about 20 yrs since I got out but. with my 3 page letter and 3 other letters stating facts that seem to explain and show exactly what I have said they (VA) still said nope you do not get anything. I am now getting rid of the DAV person that was supposed to help me and talking with a VA Disability Lawyer.
You are still brainwashed and will get screwed.
How can you say THAT, they're on your side.? They told you NOPE ! I'm confused. Enlighten Me.
Yes I was on the USS neosho Enterprise 80143 during the last part of the Vietnam war but they say I cannot get disability for dementia because I worked in the dry cleaning plant for about 2 months and a couple weeks before I got out it leaked really bad fluids they said by doctor said because dementia later on my way now what do I do about
Ok my name is Bert H Smith i am going to be 74 years old next month,I was in the Vietnam ever sense I came back from there
No! Private medical records are only required to be kept for 5 years, Hospitals 10 years, before destruction. The VA will deny service connection for 10 years or more so that private medical treatment records are destroyed, as mine were. I was denied any access to my medical records by the VA for 44 years, and with no evidence there is no award of your case!
That’s why if you see a private doctor always ask for a your medical records from them and upload them through MyHealtheVet as soon as possible. If you do it this way you can be assured that your medical records will be uploaded to the VA system.
What if you can't go to the exam because it's far away and you have no car and are homeless without money?
Why can’t the board give me a decision as it’s been five years
Hi,.. I never knew about " the benefit of a the doubt"
Thanks for sharing this very informative video.
Can you answer this question, i have taken a couple of sleep test, and was even giving a cpap by the VA, because i was getting enough oxygen while l sleep, why did they still denied me for sleep apnea?
@Reggie Jones, thank you for watching! To be awarded VA disability benefits for sleep apnea, you must establish service connection. To learn more about how to do so, please visit: cck-law.com/news/3-elements-service-connection/
If veteran has nexus letter on examination and it appeal board to VA board they you a letter from SSOC denying all veterans claims and they have all Doctors treatment records service and they ask the veteran if they have more evidence to submit do the VA have a duty to assist the veteran if the veteran claims are all you have submitted then where does the do
I am over seas and VA has no facilities here in Korea or RSO’s
That’s problem Veterans face’s here.
Can a veteran take the DEA system to court and sue them for malpractice
Could I take the VA Hospital to court on a malpractice it's not related to any injury in the service
What happens when evidence can't be located due to loss records on behalf of military.
You're basically screwed out of your potential disability. The only thing you have is Buddy Statements and a Civilian Doctors Diagnosis.
if going for tdiu and your already at 80% can you loose your rating even though the examiner says that you shouldn't have an issue getting it
Thank you for all your helpful information.
Thank you for tuning in!
It is very much adversarial they are not on your side
I understand you guys trying to be professional but the VA has to many issues to answer this question. They loose or don’t read files, they doctor numbers, they lie about statistics, their not truthful about budget spending....shall I keep going. There are good people in the VA and I’ve had good situations with them. The bigger picture is so damaging though.
wrong they lost my records, 2 times
barry graham to be honest, when I filed my claim I sent them records in the mail, uploaded it on the website and faxed it. They probably lost one but they couldn’t loose all 3
@@TheParish702000 Yeah, and make sure to take your STRs and other evidence to your C&P exams, because the C&P Examiners tend to "lose them" so they can deny due to lack of in-service treatment records.
Your right I seen college students as Dr's and Nurse's
@@SOCORROGM you need to cross state lines go to a different VA hospital in another state
How. Is retinopathy rated?.
Claim processing is ADVERSARIAL from the very beginning of the process. The VA RO's develop claims for denial from the very beginning.
Denied medical treatment.cluster headaches lupus arthritis gout
He'll no cut my damleg off when I went in for esophageal cancer
Good information, however I called several law offices and was quickly told they can’t help me unless I been denied. If your law office the same ?
@The Alpha Zone, we are glad you found this information helpful. We would like to learn more about your situation to determine if we can help you. Please contact one of our intake specialists at 844-549-4500. There is no charge for this call. Thank you, and we look forward to speaking with you soon!
I’m E-4 Barnes Military Service 8 Years 2 Month 9 Days Army Peace Time But Know ID ChildHood. POLIO Chronic Leg Length Discrepancy and Now Neuropathy
Supposed to work with the veteran? Really? If this was true, we wouldn’t need lawyers, doctors writing summaries, C and P exams from unqualified examiners, and all the other arguments needed to prove that you are disabled. I am currently just starting this process, I retired in 2004 at 30 percent after a 15 minute retirement physical exam, lol.
My exit exam...Literally... was, pull down your underwear, bend over. The Doctor looked at my rear and said, you're fine. I said, that was NOT an exam, where did you get your medical license, out of a vending machine. Now do your job right. Of course he got mad and I filed a complaint against him...he was a Captain, I was a SP5 but I wasn't taking his incompetence. At the hearing I told the Judge exactly what the "Doctor" Did...the Judge asked the Doctor if that was true, reminding him he's under OATH. The Doctor admitted it and the Judge not only found for me but got the Doctor an Article 15, It should have been court marshal!
Anyway it meant nothing because the VA Screwed me later. If anyone thinks the VA is taking care of Vets, that is NOT TRUE. The VA goes out of their way to deny claims, even when the evidence is very clearly in the Vet's favor. Oh, by the way, a large majority of the C&P Exams are done by businesses run by retired VA Management...Tell me how that is NOT crooked!
What do you do when it's clear the Army's hospital hid the veterans condition in service and used malpractice?
Great question!! My husband had abnormal blood test during the second year of his service while in the army. He was a PETROLEUM SPECIALIST! The army medical doctors diagnosed him as having early hepatitis! He died from HEPATITIS C IN 2018. I AM NOW TRYING TO GET DIC AS HIS WIDOW! STILL WAITING ON DECISION!!!
Who is knocking those metal stress balls together?
Great information
Great information
Good Job
Are Doctors @ The VA Supposed To Share Private Personal Information On Instagram? I Find It Hard To Believe That My Psychiatrist Of Nearly 10 Years Was Posting & Trolling Me On Instagram. Are They Supposed To Act Like How They Supposed To? My Psychiatrist Has Been Acting More Like A Gangster From The Bronx. I Don’t Find This Very Professional In Any Shape Or Form.
Your Shrink CAN lose his Doctors License...SUE THE BA$TARD!
Why do the VA denies sleep apnea so much?
@Reggie Jones, for additional information about sleep apnea and VA disability benefits, please check out our blog: cck-law.com/types-of-va-disabilities/sleep-apnea/
Hi. I am 70%. 60%. Ptsd. 10%. My nee I am viet nam. Vet I can’t explain. My condition.on here. But I like some help to get 100%. Thank you. George merritt
No there not on my side at all they me wrong
That's a good point that there has to be some evidence of a disability 9:56
SO why is it when many Vets show up with a very strong case the VA still denies it anyway, and the Vet eventually wins on Appeal? Answer me that Bat Man! IF I ran things, everyone involved with a denying a claim in a case that was overturned on Appeal would be in Prison!
👍
VA on our side? I thought this video was a comedy special.
Right!! Me too
VA IS NOT ON MY SIDE!!!
If
Hola
Dav need to close my ebenefit
Account people entering in apt
Illegal taking medical paperwork took paper with password
What? Are you high?
I was given a 0 % in 1994 and a fought till 2017 till I received my first 100%
No they are not on my side they disregarded my service connected disability so much I never received treatment or therapy for my service connected disability for 40 years and then I was granted 100% service connection but I was refused any back pay even though it was the VAs fault I did not know the procedures to follow to receive back pay because it was never explained to me!
I was discharged in 1995 and I was finally given service connection in 2017! I was robbed!!!!!
1985***
I need to talk to a lawyer please help me!
Hello! We're sorry to hear you're having trouble with your VA claim, give us a call at (888) 559-1385 for a free case evaluation!