CAVC– Vazquez-Flores v. Peake


As mentioned in various other places on this site, are descriptions of this decision. Up to this point, Vets were afforded a minimal amount of discussion on the effects of the disease/injury on their life and a decision was rendered that was usually grossly unfair and granted the veteran little as he had no incentive to go see a doctor and have “official” medical records record the downward spiral of his health and income. Vets don’t think like that. They pull back their perimeters, put their assets on their flanks for enfilading fire, conserve their ammo and grenades. They do not rush to the doctor and say “Please, sir. Record my ills as I will be applying to the VA in several years for SC.” At least I didn’t. Maybe I’m an anomaly. I retreated for 14 years and boy did I shrink my perimeter. When I refiled in 07, I had no assets to mention and no medrecs of my disease to prove much more than my liver had evaporated when I wasn’t looking. I expect there are many more out there like me. Therefore I take great pleasure in bringing you a decision from last year that gives the Vet the ability via lay testimony to introduce that which is intangible. One should not be forced to live in abject poverty and hold one’s hand out to the VA with a pitiful “Please ,sir. May I have another month’s worth of benefits?” or have to defend your need for the same. I will abbreviate this somewhat and try to concentrate on the high points of the decision. Vets can always go to the CAVC site and avail themselves of the unadulterated version. Keep in mind one thing here. This decision is essentially a Vet’s attempt to get a higher rating for his illness. The focus of the decision is on what was necessary to prove it.  Vasquez lowered the bar in the Vet’s favor.

http://search.uscourts.cavc.gov/isysquery/318081d3-235b-4bfa-baed-5b26edf61a61/1/doc/

Regardless of what you must think of the VA system in general, no Vet can say that the CAVC does not look out for his best interests. They have consistently righted wrongs that the VASEC tried to foist off on us under the guise of wise jurisprudence. The VASEC is not an attorney at law. His legal experience often involves no more than an occasional appearance in a traffic court for a speeding ticket. His attempts to give Vets imperfect justice or worse end up at the CAVC if the Vet has the stamina to protest. Most don’t. Let us now thank Mr. Vazquez-Flores for having the guts to go to the wall for all of us. Well done, Angel and Vets everywhere will thank you for decades to come.

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 6/05/09

Hello !
my name is Angel  Vazquez I’m the son of Mr. Angel Vazquez-Flores,we are still  fighting with the VA and the Supreme Court level here in DC. I will let you know any updates and if you need any infromation let me know.

About asknod

VA claims blogger
This entry was posted in Important CAVC/COVA Ruling and tagged , , . Bookmark the permalink.

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