Reply to Board of Veterans Appeals (Attorney Advisor)

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]What's the problem with erring on the side of awarding benefits? No need to explain as much since the veteran unlikely to appeal. That is how SSA writers make quota. Not trying to downplay how bad it is at VA but just want to understand why the shortcuts that work elsewhere don't work there. Is there more sua sponte review even of grants? More statistical QC?[/quote]

BVA judges don't like granting too many cases because a high grant rate could put the judge on upper management's radar. The preferred method to meet the quota is to remand as many cases as possible, as remands are much easier to write and count as a closed case. Unfortunately, this remand at all cost mentality harms veterans because their cases remain unresolved for decades. I've seen a number of veterans die in the interim.[/quote]

Unfortunately you get all kinds of judges. Some are grant oriented and will bend over backwards to grant claims, some are the opposite and will bend over backwards to deny, and some hate denying so they will remand everything, but I’d say most are just trying to get by and will find the path of least resistance. Unfortunately as a decision writing attorney the disposition of your assigned judge is completely out of your control. You’re not an independent professional given latitude to do what you think is right. You’re more like a nameless faceless drone whose job is to make your judge happy and spit out as many decisions as possible. [/quote]

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