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Showing content with the highest reputation on 11/23/2018 in all areas

  1. 1 point
    https://www.nvlsp.org/news-and-events/press-releases/nvlsp-dismayed-over-gao-report-on-va-disability-exams-and-the-need-for-impr NVLSP Dismayed Over GAO Report on VA Disability Exams and the Need for Improved Performance Analysis and Training Oversight for Contracted Examiners "FOR IMMEDIATE RELEASE – November 16, 2018 WASHINGTON – National Veterans Legal Services Program (NVLSP) executive director and co-founder Bart Stichman was dismayed at the findings of the Government Accountability Office (GAO) Report on disability exams conducted by the U.S. Department of Veterans Affairs and the need for performance analysis and training oversight for Veterans Benefits Administration (VBA) contractors. “This report confirms our worst fears that the VBA examiners are ill-prepared to properly assess a veterans’ disability. A bad assessment can have catastrophic consequences on a veteran and his or her family,” said Stichman. “Veterans served nobly and expect their government to take care of them when they have suffered injuries or illnesses due to their military service. This is no way to treat our veterans.” “Moreover, the recommendations put forth by the GAO do nothing to help our veterans right now who must deal with the negative consequences of the bad exams already conducted by these contractors, who are getting paid $6.9 billion dollars for their “unsatisfactory performance.” According to the VBA, only one contractor met its target of 92 percent of exam reports with no errors. The vast majority of contractor scores were classified by VBA as “unsatisfactory performance” with quality ratings as low as 62 percent." “The efficacy of the exams and the training of the examiners has to be a priority. Timeliness hardly matters if the exams are poorly conducted,” said Stichman. “The outcomes of these exams have life-changing impact on our veterans, especially those who may be suffering from post-traumatic stress. All the veterans who have been denied disability compensation based on these faulty exams since these contractors were employed should have their claims reopened immediately and a new exam provided by VA in house.” “These contractors are a prime example of the waste in the system that should be eliminated and the money spent directly on our veterans. I applaud Congress for holding a hearing to examine the report findings and hope more can be done to help our veterans be treated fairly.” About NVLSP The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1980. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org." MEDIA CONTACT: Patty Briotta, office 202-621-5698, cell 703-517-1796, patty@nvlsp.org (Maybe this will be the impetus for NVLSP to start a Class Action against the VA- I dont know- I will try to find out ore as well as the GAO report they refer to.I thought this was important enough to put in the main forum)
  2. 1 point
    The VA relies on the Joint Service Records Research Center to assist in PTSD due to Sexual Assault claims such as yours and any other claims. How to Make a Request Research requests to JSRRC or USMC Archives can be made by letter or by using the VA Statement in Support of Claim form. Provide as much specific information as possible in the request, such as details of when and where an incident occurred. A veteran may be asked for additional information in order for the request to be met, or may be redirected to another repository of documents that is more likely to hold the requested information. Requests to JSRRC can be sent to: U.S. Army and Joint Services Records Research Center 7701 Telegraph Road Kingman Building, Room 2C08 Alexandria, VA 22315-3802 I hope this information helps.
  3. 1 point
    Hello Berta! I hope you're doing well & had a wonderful Thanksgiving! I'm GLAD that this topic is FINALLY being EXPOSED!!! I've CONSTANTLY criticized the VA's idea of conducting a C&P exam, with PERSONNEL who are NOT qualified TO CONDUCT SUCH! Case in Point... A few yrs back I posted on THIS site that I questioned an 'examiner' & after finding out she was a specialist in internal medicine, I told her she could not conduct a Bona Fide Orthopedic exam & walked out. It was advised that I STILL have such a BOGUS exam, to further contaminate my file with useless inaccurate opinions, made by QUACKS that shouldn't be conducting exams to begin with! A few yrs. earlier, an Administrative Law Judge, had commented on this EXACT topic that, "The Veteran should be afforded an Ortho exam." , which for MANY yrs., I wasn't. With that said, WHY was the VA constantly setting appointments for C&P exams afterwards, with an "General, Internal medicine, ER Doctors and/or PA's (Physician Assistants)"? When you look at this, it's no wonder that the Veteran isn't getting a fair shake, when it comes down to a legitimate exam, thereby costing the American taxpayer billions on incorrect 'diagnosises' (sic). The waste involves the MILLIONS who are forced to unnecessarily APPEAL. Unfortunately a lot of Veterans GIVE UP, due to an uphill battle. The Veterans who are fortunate enough to have Medicare or private insurance are forced to have to pay out of pocket (via deductibles & Co-pays) to see an ortho/neuro Specialists, to receive a valid Dx. For those who rely solely on VA employees, they are screwed & like MY CLAIM, the VA takes YEARS to resolve the claim. Parts of my claim is over 16+ years!!! TODAY this article shows that I was right along. Theoretically, most (if not ALL) C&P exams conducted, that are made by anyone other than Ortho doctors should be destroyed, as they are false & misleading. This includes ALL VA opinions DENYING me a legitimate rating. YES...this opens "Pandoras Box" for the many other Veterans who have been denied, what they should have been awarded yrs. earlier. I myself, have a CUE (under-rated) claim that has been brushed aside, despite my many times of reminding the VA of! It would date back as far as 1976 w/a difference of 50+% per mo. increase, based on case law, by another Veteran who was awarded for similar disabilities as mine!!! That's a substantial amount! The VA knows this to be true, but always ignores it in their responses. Thanks to you, I am going to contact the NVLSP and (hopefully) start a CLASS Action against the DVA. Take Care!
  4. 1 point
    https://www.gao.gov/assets/700/694986.pdf Also if anyone is willing to contact NVLSP ( Bart Stichman- NVLSP) on this matter ( I am emailing him later today-on this and a different issue) with a personal brief rendition of what lousy C & P exams have cost you- with the need to acquire costly IMOs. in order to suceed on your claims, I will give you his email addy.
  5. 1 point
    I hate to sound uneducated but it is just not supposed to happen that way.
  6. 1 point
    Hi, I'm in a very similar situation. TDUI was granted by BVA and other accompanying claims were granted in so far as service-connected, while others were basically denied or remanded. What my most excellcent Vet attorney's case manager told me [ on here even, they agree this team is one of the best] Is that it does not go back to RO, since TDIU was granted. ( that part of claim and others granted). It goes to a different office, where my legal team now submits a date, with evidence, the TDUI should have been paid from. It's nothing for RO to decide. They have some kind of interim office set up now, when such is granted, to just get correct date concerning back pay. They told me should be around 4 months or so till actual $ is sent. My Marine husband died 2012 with open claims. And the biggest hug to Berta, cuz before I read her writings here, I had no idea I could, as his widow, do a thing to keep fighting, which he told me to do, on his deathbed...for his sons. He died at 90% which basically meant nothing for me or his sons. Even though I knew the seriousness of it all how VA kept him at 90% I did NOT know I could substitute myself in claims till after his death and just heart-broken, I was reading other stories till I read Berta. You will never know how much you helped me and our sons, Berta for I have no words to tell you. He told me to fight it...the 90 percent and even he didn't know how. I am sure he is smiling from heaven, with rays of light on Berta. And thanking her.
  7. 0 points
    Thanks Buck. I know I had my treating physician evaluate me and write a statement where he went over all the treatments I had been through in the 15 months he was seeing me. He also used a goniometer to take measurements of my ROM. Which were included in his statement. To reiterate, the proposal was triggered by a crooked PA, not PhD, who was examining me for something other than my back. She used no tools or devices to take any ROM readings of my back or the part of my body she was specifically examining. She gave ROM guesstimates based on her casual observation. Since the end result was a reduction, this proves the VA took the word of their PA, who never treated me, over the word of their PhD Dr, who had been treating me for 15 months. Who also wrote a statement reviewing my treatment history with him, and the ROM measurements he took as well.
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