I need people's opinions

They should remodel the VRAB process.

For one the setting of the review board is intimidating  (If you have been there, you know what I mean).  I have an anxiety disorder and this did not help.  Now I am left to plea for help from strangers that don't even know me except for on paper as a file number. 

VRAB should soften its approach and it should be done in a more relaxed atmosphere. Not in a judges chamber. 

I never asked to be judged, but applying and being denied and having to go through a court like process that involves being judged, is the system for us Veterans. Inexcusable.
The process of being medically released and having to be put through the ringer all I can say is wow unbelievable.


In passing, if you submit new evidence, it goes through a screening process and DVA advocates may or may not process it and forward it to VRAB for reconsideration.

Vrab gets away with everything because they do not have to answer to anyone other then the minister. They are independent from vac which enables them to do as they please. It's written in the legislation and they are independent. Which sucks. The bill of rights is a joke. Vrab and they're team of mixed backgrounds get away with making decisions on they're own and can literally ignore a doctors diagnosis. I've represented Veterans, I've went to appeals for them as well. I've even said " I realize that the panel are not doctors and must review doctors diagnosis and not decide based on they're own opinions because the panel are not doctors". They didn't like that...but it brings them down to reality that they are independent yes....but that they should be careful because if they do not use the medical evidence and decide based on literature and they're own opinions they then would be acting or practicing as a physician without a licence. Bpa lawyers are useless in most part. They do not challenge these buckle heads on anything.

The biggest issue is that the board is independent, therefore slapping on the wrist is next to impossible for there shortcomings. You need a representative that challenges these buggers and keeps them in check. I had one veterans review come back that said she was married to her lawyer. The people on the board get paid very well for making people's lives miserable. Sad.

Well, my BPA lawyer will have a copy of the decision, so when I get in touch with him, he will advise me of what the next step can be, if any.

On your appeal decision there should be a page that tells you what you can do. I did not read what your original award was but if it was increased to 2/5s then that decision is a new decision and appealable. So if you are not happy which it sounds like you are not you should appeal this decision. Use the legion or use the lawyers of VAC but appeal. As has been mentioned previously get more Dr. statements. What really will help you if your Dr. has known you for so long is for them to indicate words to the effect: "LS ?? back condition is solely a result of his military service" Good luck

BigRex I have private messaged you in the past to go for coffee.  I am up for that when ever you want.  I may have questions or answers that may help you and vice versa.  I will private message you my cell number and chat and if you like.

They up his percentage to 2/5 meaning they use 0.4 X assessment= his new percent (a good way for them to lower your percentage).

If he is not happy then he maybe able to now appeal the 2/5.  Not sure if his VRAB paper states that this is his final notice of his assessment from VRAB or if it leaves a door open to appeal the 2/5 again.

Like you said a reconsideration or even submitting new evidence may allow him to have his 2/5 bump up to 3/5. It seems to me that his doctor is being professional about her opinion but VRAB (they must have a policy book on how to screw over Veterans in the most cost effective way) are not giving him the benefit of the doubt.  This "benefit of the doubt" should not be even added to their policy and guidelines. VRAB doesn't  consider all evidence in favour of a Veteran and giving them the benefit of the doubt.  You should see my VRAB file and how full of deceitful lies and slandering of my doctor they put down in their own words and interpretation of the facts and evidence.  Shame on them!  I don't know how VRAB people sleep at night knowing they are making someone else's life miserable.

bigrex - Have you considered having a reconsideration done on the decision. I won one on a reconsideration. It goes in front of different people. Maybe I am mixed up like usual and you are not at that stage yet. Just a thought. Keep up the fight brother. VVV...

I hear you loud and clear.  I am having the same problem.  I have evidence and supporting medical documents stating that I was triaged in ST-Jean for back pain and muscle spasm prior to any other documented back  injury.  But for me the are withholding 4/5 because I had an MVA on my way to Base in uniform in 1999 that they are using as a "red hearing" to justify lowering my entitlement.

I know this is absolutely BS, because my back never had time to heal and continued to get worse with all the duties of being a Boatswain, not to mention I was thrown out of a RHIB at high speed and it was never documented because my supervisors (I now have a witness statement, my supervisor was kind enough to write a letter in regards to this accident).  I was landed shortly after and then involved in an MVA. Bad luck that put my career into turmoil and never recovered since.

Danny, I agree. I'm going to be calling the BPA lawyer in the morning to see if he can explain how they can get away with ignoring or inventing evidence, to deny or minimize a claim. If they claim that my back is primarily screwed up because I had previous or non service related injuries, then they should have to provide medical reports to substantiate that. But the worst part is calling a Veterans credibility into question, even without contradictory evidence. So you can have as many supporting letters as you want, from specialists, from surgeons, from physiotherapists, but if all they have to do is say "we don't believe you", without explaining why, then how does anyone get a satisfactory decision? Honestly, I think they took exception to the fact that my doctor actually read the Tables, and wrote that my entitlement should be 3/5 or major aggravation, because they questioned how she could make that determination, as if they are the only ones capable of making that assessment. What they don't realize, is that the woman has known me since I was twenty years old, as my wife's doctor, and delivered both of my children. She has seen me in my prime, and would be well aware if anything serious ever happened to me.

i asked the lawyer how he slept at night taking money for screwing vets. The whole office heard me give it to him, im sure my file says hostile handle with caution, im not angry anymore but i am going to be surgical and cover all the basses with these next claims.
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Get your doctor to send you to another specialest than another till you get one with some balls and then hit them again. show him what they said and then let him write a disputing letter to put them in their place.

Bigrex-  I was talking with David Bright a lawyer here in Halifax and he told me straight up not to spend $7000.00 dollars for a lawyer to be heard in the federal court just to go right back to the VRAB again.  He stated to me to talk with the advocates at DVA, they are the one's that can steer you in the right direction. He is ex-navy and he cant believe how the system is designed to make soldiers give up on applying for benefits that they are entitled to.

An increase to 2/5 and no clear explanation why they withheld the other 3/5.
 
I received 1/5 for my condition and it was under the old act, leaving me with a total assessment of 3% for my back condition (which was the condition that led to my medical release). 

It seems like it is a common occurrence for DVA to low ball a Veteran.  If I would receive 2/5 for my condition, at least I would be over the 5% mark.

And here is the thing, I applied in 2003 upon my release and I was granted entitlement a couple of years ago but at 3%. 

I submitted new evidence so hopefully it can be bumped up by 2%.

Pretty bad when the GoC is nickel and diming their on soldiers by discouraging, humiliating and as BigRex stated calling them basically liars.

I had no medical problems when I joined the forces and now that I have left, I have a list of injuries and labels.  Who is going to want to hire me.

It was already at the appeal level, so I didn't think I could appeal it again, without going to Federal court.

I would apply again show them your right and your not going to give up till you get what you deserve. try a different angle and hand them your own brief if the lawyer aint doing you justice i did with one of mine went from ten to thirty percent.