haditlogo2007Once again, the call goes out to the faithful to assemble and hear the Gospel according to St. Jerrel and St. John. This afternoon (evening if you’re on the least coast) we’ll talk about the new myriad ways VA has resorted to in order to slow down claims processing using endless delaying tactics. If you thought “misconstrue” was the operable phrase, you just haven’t been bushwhacked very many times. VA has a whole panoply of techniques ranging from asking you to file new 526EZs now to supplement old ones. Tune in and let’s learn how to go around these roadblocks. 

Some of you have really old claims decisions and you’re hoping to find a CUE in them. Well, boy howdy did we spot some really good avenues to drive the CUEmobile through to reverse these. VA tried for decades to hide the old Schedule for Rating Disabilities (VASRD) inaugurated in 1945. Now we find “inferred” and “informal” claims for were contemplated in 38 CFR §4.47’s language in 1970 during the height of the Vietnam War in spite of VA’s interpretation of the regulations.

We’ll talk about that and a lot more this afternoon at 1600 Hrs on the left coast. Getting through the Red tape-one roll at a time.

The call in number is the same


To speak or join in the discussion, dial the number #1. Be there or be square.


Relax. I don’t look like this so don’t be intimidated.

P.S. Head notes for this show:

1964 Part 4 VASRD : 1964-vasrd-ratings

Part §4.41; §4.42. This is the authority to file extra claims for the Veteran based on injury discovered at intake into the system. VA says no inferred or informal in 1970 but this disputes it.

  • 4.41-History of injury

In considering the residuals of injury, it is essential to trace the medical-industrial history of the disabled person from the original injury, considering the nature of the injury and the attendant circumstances, and the requirements for, and the effects of, treatment over past periods, and the course of  recovery to date. The duration of the initial, and any subsequent, period of total incapacity, especially periods reflecting delayed union, inflammation, swelling, drainage or operative intervention, should be given close attention. This consideration, or the absence of clear cut evidence of injury, may result in classifying the disability as not of traumatic origin, either reflecting congenital or developmental etiology, or the effects of healed disease.

  • 4.42- Complete medical examination of injury cases

The importance of complete medical examination of injury cases at the time of first medical examination by Veterans Administration cannot be overemphasized. When possible, this should include complete neurological and psychiatric examination, and other special examinations indicated by the physical condition, in addition to the required general and orthopedic or surgical examinations. When complete examinations are not conducted covering all systems of the body affected by disease or injury, it is impossible to visualize the nature and extent of the service connected injury. Incomplete examination is a common cause of incorrect diagnosis, especially in the neurological and psychiatric fields, and frequently leaves the Veterans Administration in doubt as to the presence or absence of disabling conditions at the time of the examination. (VASRD, 1970)





About asknod

VA claims blogger
This entry was posted in Tips and Tricks, VA Agents, VA Medical Mysteries Explained, vA news, VBMS Tricks, Veterans Law and tagged , , , , , , , , , , , , , , . Bookmark the permalink.


  1. Crisco says:

    Alex, love the hadit podcasts when you are guest. You rock!..purchased your book (when is the new one comming out?), read it several times, filed my claims..70% in 6 months..everything went smooth with your help.thanks so much.

  2. Sherry says:

    Thank you, I have noted what you said here and will do some asking. Curiosity has us both wondering who that person (Doc?) they sent him to see. It was within ten/fifteen minutes and he came storming out very upset. I was wondering if they will provide the person’s medical position and what may have been the reason for appt. and the results. I guess one step at a time.

  3. Sherry says:

    I would loved to be able to catch that, sounds very interesting. It made me think of the VA appointment my husband had in MN back in 1993 where he encountered a very rude and condescending woman (doc?), she claimed the VA couldn’t help him because the helicopter crash he mentioned didn’t happen where he said. I was just wondering why when my hubby got his VA medical records from the VA, it didn’t include that appointment. Now that I wrote this it made me think that what my husband actually received was his VA medical records from just the Vietnam era. Would it be a separate type of medical record from the MN hospital back in 1993 to be asking for? Even though he never filed a claim back then, it was due to this doc telling him he lied and there was nothing they could do to help him. Probably nothing could be done but I would love to see the record of that awful day for which I drove him to and waited in the office waiting room for him to see that doc. We don’t even have a doc name or the title of the doc. What we do know is it was 1993 in MN.

    • asknod says:

      You’re talking about two different sets of records. Military records end after your service. If you go to a VA Medical Center, the VA has those records. Go to your VAMC and ask where the ROI ( Release of Information) office is. Go in and put in a request for any and all VArecords. Anything before 1995 is michofiched and will have to be excavated and printed. It’s all there. VA never throws anything away. Trust me..

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