This is an example, in our minds, of what the VA wishes it could do with all our claims. We know there are a few caring souls in the system and they work hard to see justice done. Unfortunately, justice is as uneven as an unpaved road. The decision below is a classic example of a Vet fighting for his claim for years and years, only to die towards the pendancy of  it. His battle began in 03. He was finally granted SC @ 0% in 05. The battle continued for 5 more years with a rating that certainly didn’t match his medical situation. Finally, in 08, the RO begrudgingly assigned him 40% for the HCV and 70% for cirrhosis. At the top of the decision, under “THE ISSUES”, the reader will note the appeal is for “an initial rating” of a higher percentage. This is an important distinction. It indicates the Vet had been appealing the original 05 decision as well as the newer one. Had it been an appeal of a denial for an increased rating request, it would have been phrased differently.

Judging by the fact that he punched out in the middle of the claim before he could get 100%, the reader is left with the distinct impression that he must have been pretty ill. This illustrates what is wrong with the system. Taking years to adjudicate a Vet’s claim deprives him/her of financial security (or what VA would have us believe is adequate remuneration) until the time of their choosing. In this case it had quite an impact on his bottom line. It likewise stands to reason that the stress associated with this didn’t help his medical condition. Our hearts go out to his family.

The Veterans Benefits Improvement Act of 2008 fortunately will allow his spouse to pick this claim up where he left off and hopefully she will get her DIC . It would seem that there is a better way to run this railroad. Perhaps these injustices will soon become a thing of the past. We here at AskNod certainly hope so.

http://www4.va.gov/vetapp10/files4/1035595.txt