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DEC Board decisions.

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DEC Board decisions. Empty Re: DEC Board decisions.

Post by Unknown Soldier Mon 06 Jul 2020, 20:03

Rubicon wrote:My DEC decision in May was based solely upon the physical portion of the March of Dimes  (MOD) Assessment. While the Vocational portion of testing did not identify any employability issues, the report did state that my mental health condition (PTSD) was not currently an impediment to employment. Fortunately the physical limitations were severe enough to render a DEC recommendation and the board accepted that. All this to say if VAC is sub-contracting MOD to test and make a recommendation I find it hard to believe that VAC would go against whatever is recommended by the experts that were hired to make an assessment and create an eight-page assessment report. I do not know of any veteran who has experienced a negative DEC decision from VAC after a MOD recommendation of a DEC. Anyone, chime in if you have?

Rubicon  
well I have and that’s why l raised the question, from those that I’ve talked to, if the physical portion of MOD said they were unemployable then there was never a problem, but if the MOD physical portion says the veteran can work 6hrs a day at this or that, but the mental portion said “ not recommended for the workplace “, VAC is saying “ not recommended “ does not mean “ impossible “ and therefore the veteran is denied. It would be interesting to see what kind of lawsuit ever develops if a psychologist stated “veteran should not be in the workplace”, VAC disagrees, veteran loses his IRB unless he takes the job offered by VAC, veteran eventually has violent episode in the workplace. Who is ultimately at fault, the members of the DEC board I would gather.?
Unknown Soldier
Unknown Soldier
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Number of posts : 608
Location : MIR
Registration date : 2019-05-15

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Post by Unknown Soldier Mon 06 Jul 2020, 19:56

Riddick wrote:Hey Unknown Soldier,

Sorry, I do not have the definitive answer for you....not sure what all has been done/not done or communicated. Having said that....have you posed any questions to the BPA or even your CM.  Not all CM's have the same expertise or care as others and some give answers without doing their due diligence and research and take the path of least resistance and just tell you what they "think" is the right answer.

The BPA can be accessed through MyVACAccount/secure message.

Riddick
thx , but BPA says they will not touch DEC issues they are strictly disability denials.
Unknown Soldier
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Post by Rubicon Mon 06 Jul 2020, 13:21

My DEC decision in May was based solely upon the physical portion of the March of Dimes (MOD) Assessment. While the Vocational portion of testing did not identify any employability issues, the report did state that my mental health condition (PTSD) was not currently an impediment to employment. Fortunately the physical limitations were severe enough to render a DEC recommendation and the board accepted that. All this to say if VAC is sub-contracting MOD to test and make a recommendation I find it hard to believe that VAC would go against whatever is recommended by the experts that were hired to make an assessment and create an eight-page assessment report. I do not know of any veteran who has experienced a negative DEC decision from VAC after a MOD recommendation of a DEC. Anyone, chime in if you have?

Rubicon
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Post by Kramer Fri 19 Jun 2020, 15:24

Hey Unknown Soldier,

Sorry, I do not have the definitive answer for you....not sure what all has been done/not done or communicated. Having said that....have you posed any questions to the BPA or even your CM. Not all CM's have the same expertise or care as others and some give answers without doing their due diligence and research and take the path of least resistance and just tell you what they "think" is the right answer.

The BPA can be accessed through MyVACAccount/secure message.

Riddick
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Post by Unknown Soldier Fri 19 Jun 2020, 11:11

If a veteran goes through the vocational rehabilitation testing and the assessors come back with a report of “ not recommended to return to work”, the vets Cm is then expected to take those reports to a DEC Board, made up of I assume medical professionals. Despite what the occupational therapist and psychologist wrote in their reports, can this DEC board negate the findings of the tests,and still deny that the veteran has a Diminished Earning Capacity?
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