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Showing content with the highest reputation on 05/11/2019 in all areas

  1. 2 points
    "I would be very interested to hear if you learn anything more on your question." I am sure I will- I emailed the "doctor" with no response and I filed a WH Hot line complaint. I also emailed the Director of the VARO to let her know that. It is one more piece of evidence along with 25 years of SOC, SOCCs, that had deficient C & P exams done posthumously .I won those claims but that isn't the point. They think us widows are push overs. Not me.
  2. 1 point
    I should have clarified this. I got a copy emailed to me from LHI. I have tried to search the blue button and no luck. So you would need to ask the day you are there.
  3. 1 point
    sounds like it was a much more positive experience. They should be but sometimes they are not. congrats
  4. 1 point
    Geekysquid-Good S2 work; sounds good. At least I hope you are correct; ITF is one of the best things a veteran can use and it would be a real shame if they took that tool away. I know veterans that use it as soon as their current claim is approved for a new claim. Then they just go get the new evidence while locked in on the filing date. I bet you know others that do the same yourself.
  5. 1 point
    @GBArmy hey, I think this may be a misunderstanding and I think I know the source article from Asknod. I have been thinking about it since I asked that question and did some more digging. over at AskNod Alex has a post from Feb 24th 2019 https://asknod.org/2019/02/24/ramp-screw-me-twice-shame-on-me/ In the article is this paragrapah "At first glance, as Mr. Attig pointed out, you have to file another 21-526EZ in its stead because the 526b is no longer valid or recognized by VA. Talk about a time waster. If VA can’t find their ass with a methane detector as it is, what hope do we have they will be able to “construe” your intent using a 526EZ refiling as a “supplemental brand new claim’ (which is inextricably intertwined) with your pending claim? I can see your earlier assigned effective date of claim going down the drain immediately. It will take six months of haggling to correct it. Meanwhile, while it’s in contention, your claim goes nowhere. Remember that intent to file you put in last July 2018? Gone with the wind, Cowboy. Why, you just asked VA to reopen it last week with your new 526EZ. VA assumes you are abandoning the original filing and asking for a new reopening. Screw July ’18, dude. You clearly and unmistakably asked VA to start over. VSOs do this fairly regularly to speed up a NOD. In essence, you just abandoned the present claim and opted in to a new, Fully Developed Claim (FDC) to avoid that 24-month delay, a new denial and a SOC. Hoo, doggies. Welcome to the new AMA, Jose. Remember the Who song “Won’t Get Fooled Again”? Meet the new boss. Same as the old boss." I believe what he is saying, is that all PAST ITF's were expected to go away IF and when you filed a New Supplemental Claim under the 526EZ form and the AMA process. What I don't read it as saying is that ITF's as a filing option goes away. For example, In my 2018 Claim for ED a note appeared on the rating decision that I should consider applying for Voiding Dysfunction. This decision letter had several other items on it that i am going to appeal. The letter also deferred an integral piece that I needed before filing the appeals. I filed an ITF for the Voiding Dysfunction as I did not want to lose the Effective Date. The last piece has been decided but I have not gotten the BBE. Ebennies shows the ratings. I went to submit the NEW CLAIM held by the ITF. The ITF was still there and showing active. Now of course I have to wait until the RO decides this, and I believe I placed enough evidence with the claim that they won't have to send me to a C&P for this as it is clearly documented. i wrote out all my symptoms and made sure what I wrote matched the DBQ and the Rating Table. Hell the VA even sends me the "pads" I use. I suspect i am getting the Earlier Date of the ITF. I think there is going to be some contention about this for a while in the different forums. Those will, IMO, result from the transition period where many of us have Legacy Claims and RAMP claims that are still floating in the system. I think once we get deeper into AMA, people filing NEW FIRST Claims will be telling us they filed an ITF for those claims. However, as usual Ladies and Germs, we will have to Hurry Up and Wait.....same old same old.
  6. 1 point
    Vetquest said: "What I have learned by dealing with lawyers is that you are the best advocate for your case." That is true. Attorneys cannot perform miracles. Often the only way a vet can establish an inservice nexus is by doing that themselves, with buddy letters, a thoough reading of their SMRs, and in some cases an IMO/IME can help establish that nexus-but that depends on what is in the SMRs.Other claims depend on the veterans full knowledge of what is in their medical records. I read BVA decisions every week. Many of those remands should not have been at the BVA in the first place. A veteran should always try to follow what a remand calls for -I even asked the BVA to remand my AO DMII claim,due to a VCAA violation. Patton (I loved your book- that is George Patton's book and saw the Movie at least a dozen times.) I believe the VA, due to input I had into M21-1MR , per the Sec's office, called a CUE on themselves,because the C & P exam info turned up. I was just reading a recent GAO report- I mentioned in a different thread, that said the C & P exams had a timeliness problem that VA neeeds to corrected. Obviously if a vet gets a C & P and the results are not sent to the VA, in a timely fashion, the claim will be denied as a no show. https://www.gao.gov/products/GAO-19-213T In part: "The Veterans Benefits Administration has increasingly turned to contractors to conduct the medical exams that veterans may need for disability claims. According to VBA, contractors help it avoid delays in the claims process. VBA awarded up to $6.8 billion in exam contracts in 2016. This testimony examines VBA's oversight of these contractors. We found the agency does not know the extent to which contractors are meeting the exam contract's quality and timeliness standards. The agency identified some contractor performance problems, but the incomplete information gathered on performance highlights the inadequacy of VBA's oversight." VIEW REPORT (PDF, 10 PAGE just click on the adobe acrobat and the full report will pop up.
  7. 1 point
    I was denied permission to read the Bertha docx in this thread. If you get a lousy C & P exam, that contains misrepresentation , lies, or anything that will cause the VA to deny your claim, call 1-855-948-2311, the White House Veterans Hot Line, and tell them you want them to file a Provider' complaint. Tell them this too: "But I was looking into my examiners, and the one for the mental health evaluation is very poorly rated on Google by other veterans that had him do their exam. They say he did not ask them any pertinent questions to their disability and wrote them off. Is there a way I can request someone different? " This is (in my opinion, when a veterans has valid evidence) why the VA denies so many claims. It is a set up. These contractors are paid by the company who hires them, who is paid by the VA. They know the VA wants them to deny the claim.(conflict of interest) I just filed a Provider complaint the other day at the WH Hot line. The examiner was not a contractor but an actual VA employed doctor. I had her name from a copy if the C & P. What bothers me the most is that she handles the AO registry.
  8. 1 point
    I'm with Geekysquid; I know Alex knows his stuff, but no longer ITF is a BIG deal! It changes how people will approach their filing, not to mention their effective date. If we can see a link, I would appreciate it.
  9. 1 point
    @Berta I will call the White House hotline and tell them my complaint about the C&P I received from the QTC doctor. I honestly wish I could sue this doctor for malpractice and being incompetent. It's doctors like this that give the rest bad names. @shrekthetank1 I might do that, but to be honest I have only been to the VA hospital three times, once to get an ID (which I could not get since I did not have a utility bill with me), the second time was for an eye exam and the third one for an annual check up. The doctor who gave me the check up never looked at me and only read lab results from a previous annual exam I had at Ft. Eustis. At the end we will see you next year, needless to say I never went back. But if it corrects the issue it would be worth going back to the VA hospital again.
  10. 1 point
  11. 1 point
    Berta is right. Buck gave me the best advice and got favorable outcome. Go to your VA hospital and talk to the Comp and Pension officer. Which used to do C&P exams, but now overseas them all! Talk to them and file the complaint! I did this at around 9 am later that evening at 3 or 4 I got a call and had an appointment this upcoming Monday. They can make changes, and they can find someone else to give you an evaluation!.
  12. 1 point
    You might get better rsults if you call the White House Hot Line 1-855-948-2311. You will be filing what is called a Provider complaint. But someone here did file a complaint directly with a contractor regarding their C & P and they got another C & P exam right away. I posted all of the Provider contact info , for QTC, LHI, and VES her, e available under a search. I filed a Provider complaint last week with the WH Hot line. The provider however, was a VA doctor who is actually employed by VA, but the man who took the complaint said that was the form he had to use. "Provider" has become a nuanced word the VA uses these days-they are filling their VAMC with non VA health professionals who are under a contract with QTC,VES, and LHI-to provide medical care, called "providers". While many of them might be excellent doctors, nurses etc- they also might be the same ones who write these lousy C & P exams, and as I mentioned before here- if they cause a VA patient harm or death, they cannot be charged under FTCA, and th VA will deny right off the bat any Section 1151 claim against their negligence. Any of you can check the Provider Link from VA I put here, to see if your VA health care professional is really a VA doctor.
  13. 1 point
    Paul, I would file both now. That way you do not lose your date on your hand and you do not wait a year or more for your knees if your case needs to go to the BVA.
  14. 1 point
    " my wife had to tell him that I qualified for 100% after my knee surgery and even had to give him the code." Did you actually get the temporary convalesence 100 % pay?
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