Once 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)