I estimate that 70% of decisions are flawed and must be appealed
Dear Jim,
Thank you for being there for us fellow vets. I have a question I'm hoping you can answer.
Situation: - Put in PTSD claim back in Dec 2010 - Slowly snaking its way through the crazy VA system (I'm at peace with that..ha ha) - Certifying my stressor with the JSRRC was completed. They were to verify I was deployed to a location which was the source of my stressor. {JSRRC - U.S. Army & Joint Services Records Research Center} - No one will tell me what the JSRRC's findings were or not. Did they find it legit or not? No one will tell me.
Ok..that's what has happened so far. Meanwhile, I have continued to visit the VA medical center for PTSD as directed by my VA doctors. Here is what they have found so far: - Agree I have PTSD - Have prescribed anti-depression medication for me to take daily - Have me seeing social worker about every three weeks to see how I am doing - Have me meeting with psycharitrist and psychologist about once a month - Had me take MMPI -- recieved a GAF score consistent with legitimate PTSD
Question: When the RVSR is working on my rating, will he/she see all the recent evidence by VA I listed above? It would "seem" logical for the RVSR to take into account all the evidence built up in the system when determining whether or not I deserve a C&P exam.
Thanks for taking the time to read this.
Reply:
The Ratings Veterans Service Representative (the RVSR is the individual who will make the final decision on your claim) should review all the relevant evidence that is available at the time the decision is made. Note that I said "should". It's unfortunate that in the rush to adjudicate your claim quickly, all too often much evidence is overlooked.
The RVSR works on quota. The quota is complex with weight being given to complex claims and different sorts of demands made on the rater. There is a pretty good motivator for the rater to rush. He or she will receive a bonus if they meet and exceed the established quota.
Nobody checks claims to see if they're correct. The only claims that are audited are those that award over $20,000.00 in retro. Claims denied are not reviewed.
The C & P exam, while not mandatory by law or regulation, is required of every veteran for almost every claim. The C & P activity seems to be driven more by the RVSR's need to protect his/her work product than a need for information, particularly when there are other records available.
Your evidence may be looked at as it should, it may not. I estimate that 70% of decisions are flawed and must be appealed.