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PLEASE POST your “bogus reasons for denial” to help other Vets, who often get similar bogus reasons. Im gonna post at least 3 of mine, please also post yours. If you have “overcame” your bogus denial, please give the method in which you did this, if possible.
Bogus denial number 1. Year 2002. Hearing loss was denied because “it was too long since military service”. Its bogus because “time since military service is not one of the criteria, and VA has to rate on the published criteria. An appeal to the BVA reversed this denial.
Bogus denial number 2. Year 2009. “TDIU is moot”. Bogus. I also appealed to the BVA arguing TDIU was “not moot” because:
a) It could result in an earlier effective date, if awarded.
b) Bradley vs Peake allows tdiu to be one of the “100 percent” in 100 plus 60 statuatory SMC S.
I appealed to the BVA using the reasons, above. The Board agreed with me and specifically stated, “Tdiu is not moot” and ordered consideration under 38 cfr 4.16B (Tdiu when the percentages in 4.16a are not met).
Bogus denial number 3: Year 2020 SMC L was denied because my symptoms “did not present a COMPLETE need for A and A”. Bogus. Read 38 CFR 3.352 which states:
……It is not required that all of the disabling conditions enumerated in this paragraph be found to exist before a favorable rating may be made.
Because of this sentence, above, I do not have to have “ALL” the A and A symptoms for a favorable rating. I dont need to have a “complete” need, the denial contradicts the regulations.
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PLEASE POST your bogus reasons for denial to help other Vets, who often get similar bogus reasons. Im gonna post at least 3 of mine, please also post yours. If you have overcame your bogus denial, please give the method in which you did this, if possible. Bogus denial number 1.