To All S/c Veterans And Those Working On It...

[Meddac]

This is NOT intended to start a big squabble match nor to solicit defaming comments. Several of you know that I am here and who I work for. I only intend to help in the most sincere way. Some of you that I have contact with away from here can attest to that fact.

To all veterans: One of the quickest ways to get reduced is to lie about your conditions. You could get worse.

I had the chance encounter in the past 3 weeks to come across an increase claim for a veteran. After my usual work on the claim I did an administrative decision. That decision required my signature and 2 others. All three signatures came back to me today. As of 1:30 PM this afternoon when I left work, the claim, admin decision, and this veterans future are in dire straits. I proposed to sever all current benefits. Yes, the veteran is S/C for some things....or was S/C, and it was granted by an RO that I do not feel is up to the task of serving veterans. I would put them in your "Dirty Dozen", but I am not giving names. I had to hand carry the file to my rater to do the rating proposal. The rater was nearly done when I left for the day. My day was pretty much dead at that point. I don't feel good about what I had to do, but it was blatant and I caught it immediately.

My rater has had to do a CUE. It was CLEAR, it was UNMISTAKABLE, and it was an ERROR. I do not feel for this veteran at all, but I am also not proud of my task. I wish it had been someone elses digit, and not mine. It will cost the vet money, cause a large overpayment, and on Monday it will cost them their free medical care.

The story is very long, and I won't post it on here. It's on my chest, and I eventually have to vent it out....somehow. I just wanted you guys/gals to know that benefits can be reduced (which you already know), and that they can be taken away completely. We have a saying in our office that never really meant anything until today: "The wheels of the government move very, very slowly...but they move."

The veterean was S/C for about 3 years, and I feel like sh!t.

Sorry "c2"

Edited April 3, 2009 by Meddac

[Wings]

A court martial is not what is at issue here. The veteran sustained injuries in a MVA that was caused by his or her own action of driving under the influence. This is a matter of record, and the CFR does not allow compensation for willful misconduct. Drinking and getting behind the wheel constitutes willful misconduct. Regardless of whether or not the SM was tried under the UCMJ, he or she was no doubt charged under local DUI/DWI laws, and prosecuted. I sincerely don't understand how some can display a sense that these regs only apply when it is good for the vet.

Rental Guy, The problem I am having with this entire thread of conversation, if you will, is twofolld: first is (my paranoia?), that Meddac assumes we are ignorant of VA law and regulation. He admonishes us, "Do not lie." Like, hello, are we children? Misconduct regulations have been codified by public law since the Continental Congress (circa 1776).

Secondly, what seems so unnatural, to me, is Meddac's apparent NEED to publish his adjudicative decisions (as a VA Adjudicator), before the veteran has even the opportunity to appeal. The Claim is not FINAL for purposes of appeal, and on a gut level, I just don't like it. I think it's unprofessional. That's all I have to say about that. ~Wings

[Wings]

I only hope the person whose case is being discussed here so pubicly never finds this site and see's what is going on. We all now know quite a bit about this person.

I agree with you. I also think (on my own) that it's just plain wrong, to judge a veteran before s/he's even been afforded the VA Decision (to propose severence of service connection), or the right to appeal that decision. It feels wrong to me on so many levels. ~Wings

[carlie]

I continue to see no breech of any confidentiality posted,

within this entire thread, nothing that could possibly provide direction

to the identity of the veteran, the AOJ nor the current VARO.

I feel good for the veteran that they will at least recieve

a proposal to reduce and/or sever service connected compensation,

prior to the halt of their benefits.

I feel good for the veteran that they will be:

1) afforded the opportunity to defend their case and present evidence that the reduction

and/or severance is not warranted.

2) afforded the right to a hearing

3) afforded the oppourtunity to request and be granted that their compensation benefits

not be discountinued prior to the promulgation of a rating decision that grants a reduction

and/or severance of compensation benefits

I feel good for the veteran, that VA will less likely than not

attempt a recoupement of any compensation already paid out.

I feel good for the veteran, that there continues to be a strong possibility

of receiving medical care and services for health issues that are unrelated

to the service connected disabilities under proposal to reduce and/or sever.

jmho,

carlie

[carlie]

Well,

This thread turned out to have quite a bit of discussion and frustration in it.

I feel many HADIT member's certainly had their opportunity to vent and speak their mind's.

Maybe it did us all a little good.

It was definitely a busy topic.

The topic rated some really high statistic's - 93 responses and was viewed

worldwide 1,717 times.

But it is time to close this one down, not delete it, but close it down.

Thanks to all that were able to contribute to the thread, especially those that

didn't throw too much sand on the playground.

If anyone posted an issue in this thread, that they would like to discuss more

please start a new Topic.

The thread being closed has nothing to do with censorship.

carlie and the HADIT team