kanewnut

Yes, it has been going on for a long time. My first denial from VA came in 1985. I have a 3.156(c) claim in to start the process to fix that one. I get to go to a C&P this Thursday for that one. That should be interesting, since the injuries are now over 36 years old. I am printing out a ton of records for the examiner. I imagine the VA will tell them to just look at the past year of records. I don't see the purpose of a lawyer if you are able to work on your own case. I imagine some people can't, or just don't want to. I couldn't wait to get a lawyer when I became eligible. The DAV told me they had lawyers to represent us as we went up the ladder. After my experience with DAV I would not want to chance it. After all I have learned in the last several years I am hoping I can see this through on my own. You will have to explain this to me. I do not understand it at all. As to the part about the date that a doctor stated that you can no longer work I would really like to know where this came from. Buck stated it to and I asked him where it came from and he went off on a tangent to tell me about EED. I have searched CFR 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION - and the only place doctor is mentioned is in - §3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”. I have searched CFR 38 Chapter I → PART 4—SCHEDULE FOR RATING DISABILITIES - and this does not mention doctor at all. This comes from M21-1 - Do not ask the examiner to opine as to whether or not the Veteran is “unemployable” due to his/her SC disabilities. A determination that a Veteran is unemployable is a legal determination that rests solely with the rating activity. To the best of my understanding I needed to be at 70% with one 40% to apply for TDIU. When the VA sent me the decision in February 2003 that showed I was 70% with one 40% I applied for TDIU. No idea what you are talking about. I don't doubt that they don't want to pay me what is due. They have screwed this up so bad from 1985 on it is unbelievable. A quick calculation shows over 200K for this TDIU claim. The 3.156(c) claim is not far from that either. It looks to me like I am going to have to go to the BVA and go through my entire C-File and point out all the evidence that I have. I was at the BVA in 2016, with no idea what was going on. DAV was a total waste of time. They did not wish to meet with me the day before to go over any evidence or discuss anything. The DAV just went through the standard boilerplate questions about each disability and how it had gotten worse. DAV had no idea about SSDI or SSA Records. Apparently the BVA didn't have enough good sense to look through my C-file and see the SSDI and the fact that someone else's SSA Records were in the middle of mine, with the pages showing my SSDI grant missing. The judge wanted to know about headaches. I thought that was strange since I am rated 0% for headaches. I found out why when I got the C-file and found a screwed up C&P exam that stated I was taking all these narcotics for headaches. Thanks again DAV. DAV said I didn't want to get a copy of my C-file, I would loose my place in line. So I go in blind with no knowledge of what the BVA is looking at. Now I know to hound the VA for my own copy of C&P's as soon as they are finished. Screw ups on my TDIU include denying me because I quit, that sh*t was done all the way up until it was granted, M21-1 says that doesn't matter. Mailing a TDIU decision in 2008 to an address in a different state that I hadn't lived in for over 3 years, yet all the other communication for the 3 years prior had been sent to the correct address. Closing my claim before a year was up. Continuing to ignore the SSDI decision every time I sent it too them. Blatantly ignoring the VR&E denial letter with my doctor's statement that I couldn't work and my SCD's were permanent. Most of these most egregious denials came from the Roanoke VA rating office. Have I mentioned lately how much I hate, absolutely hate, dealing with the VA in any way, shape or form? I hope I haven't upset anyone too much with this. I sat down to write several times in the last few days but I would get in a pissy mood and want to raise a lot of cain so I kept putting it off. I think I am a little better today.

When it rains, it pours. It will get better. Can you use voice recognition on your system? I use Apple and it is very good for typing what you say to it.

Yes, way too easy.

I am not 100 percent sure that I followed this. I am almost positive that if a private C&P is done you have to get it from the VA after the VA gets it. I believe I asked at one of my private(contract) C&P exams and was told I would have to get a copy from the VA.

I don't know anything about what you are asking about. Asknod.org has a lot of information about this.

I wasn't asking about the HLR lane. I was asking about the supplemental lane with new evidence. I got my TDIU from a HLR review.

I am ot familiar with this regulation. Can you point it out to me?

I doubt it very seriously. I sent the VA these records, 2020-01-16 SSA Earnings Redacted. 2020-01-16 SSA Earnings Redacted.pdf

1-855-948-2311

The best I can remember the same individual did my lumbar and cervical at the same time.

The below discussion has a lot of that information in it. I am seeking June of 2000. The last time I ever worked. Yes, multiple times. In 2003, with an effective date of 2001, when I first received the decision that had a combined 70% and one 40%. In 2007 when I received SSDI solely for SC disabilities. In 2009 after the VA sent a denial to my old address that I hadn't lived at for over three years, and yes they were well aware of the new address. All VA mail for three years had been coming to the new address. In 2020 when I tried to submit a CUE on their decision and they treated it as correspondence and nobody in the VA knew the regulation that a CUE didn't need a particular form. They sent me a letter telling me which forms and what other information they wanted. I kept telling them this was a CUE but they still don't understand. Nobody can probably remember all that I have written about my issues with the VA but it has been one huge fuster cluck. I was thinking about it after writing about it and I probably would have to be really stupid to give the VA puzzle palace another chance at another ridiculous denial, but hell it is almost fun to see what kind of utterly asinine crap they can come up with.

I have attached my vocational assessment. I have attached my latest denial so you can see what is going on. Should I send this to the VA as a supplemental claim with new evidence to request an earlier effective date for my TDIU or just go straight to the BVA. Thanks 3-VA vocational assessment Redacted.pdf 2020-10-28 VA Decision Redacted for Hadit.pdf

I asked the travel person about that and was told they couldn't see it. The idea that it will sit in manual review without any kind of notice to the veteran is probably another IT screw up when creating the system. But on the bright side the BTSSS creators can charge the VA millions more to add this feature.

I remember those days. I am glad I don't have to stand at the pay window line any more. But I can understand how not getting travel right away is a real hardship for some who used to count on it to get back home. I am glad to hear you complained to higher ups. Everybody should be doing that and not taking this crap from the VA. They are there to take care of us. If they don't like that then they should find employment else where. I am all for everyone complaining as high up as it takes and as long as it takes to get everything corrected.

I asked about that when talking to travel and they said no. There was no mention of it on the page they sent me announcing the change.

I call total BS on this!

Are they in manual review? Mine were and I called travel and was told I needed to attach a letter showing I actually showed up at the appointments. Since calling the WH hotline and speaking to travel I have started to see some deposits for the back travel pay.

I have first hand experience with quitting and applying for TDIU. The VA has said for years that I quit and used that as a reason to deny TDIU. As you can see from the below section from the VA's M21-1 manual that is total BS. But it still doesn't stop them from doing it, even when pointing it out multiple times to them. I should also state that I quit many months before I was even eligible for TDIU. Have I mentioned lately how much I hate, absolutely hate, dealing with the VA, for absolutely anything. A search for m21-1 tdiu retured this. I then searched for voluntary. M21-1, Part IV, Subpart ii, Chapter 2, Section F - Compensation Based on Individual Unemployability (IU IV.ii.2.F.4.c. Factors Not Affecting IU Determinations Determine whether the severity of the SC disabilities precludes the Veteran from securing or following substantially gainful employment. The following factors have no bearing on a determination of whether an SC disability renders a Veteran unemployable: age NSC disabilities injuries occurring after military service availability of work, or voluntary withdrawal from the labor market. References: For more information on the information to include in the rating decision, see M21-1, Part IV, Subpart ii, 2.F.4.p, and limitation of ability in IU determinations, see M21-1, Part IV, Subpart ii, 2.F.1.i.

My travel pay problems currently are dealing with community care appointments. It is ridiculous that the VA turned on a new system that is this screwed up. I tried yesterday to fix some appointments with the BTSSS system. It is such a pain in the ass. Unless they improve it one hell of a lot I will send in community care requests for travel on paper. It is not worth the aggravation to go through the process of just signing on the system, much less the aggravation of trying to input the data to get travel pay. Have I mentioned lately how much I hate, absolutely hate, dealing with the VA, for anything!

I called the WH Hotline about my travel pay that is pending from all the way back in October. I received a call today from my VA hospital travel office. He was just as disgusted with the system as I am. They have been allowed to go back to the old way of doing travel pay. He said they are doing 2,000 to 3,000 claims a week with the old system, trying to catch up. He said they have allowed the clinics to again do the paper work and have turned the kiosk's on again. Seems to me like another case of a new system to fix something that wasn't broke. I got this in an email the other day. Though it talks about supply logistics, it seems to apply to all VA systems. They blow tons of money and we get screwed. https://www.va.gov/oig/pubs/statements/VAOIG-statement-20210324-missal.pdf VHA IT Systems and Supply Logistics Since 2000, the OIG has also identified IT planning and implementation as a major management challenge given VA’s history of failed projects after significant IT investments. OIG audits in recent years have highlighted that IT systems’ development problems have persisted largely because of inadequate planning, fragmented governance, unrealistic timelines, and insufficient monitoring and controls. This has made IT projects, including those associated with supply management, susceptible to cost overruns, schedule slippages, performance problems, and in some cases, complete project failures. VA continues to face challenges in developing the IT systems it needs to support VA’s supply chain challenges. Inventory management is critical to knowing when to purchase, store, and distribute supplies—and then effectively track their use.

I certainly agree, but that would take all the fun out of it us and the VA. I got this in an email the other day. Though it talks about supply logistics, it seems to apply to all VA systems. They blow tons of money and we get screwed. https://www.va.gov/oig/pubs/statements/VAOIG-statement-20210324-missal.pdf VHA IT Systems and Supply Logistics Since 2000, the OIG has also identified IT planning and implementation as a major management challenge given VA’s history of failed projects after significant IT investments. OIG audits in recent years have highlighted that IT systems’ development problems have persisted largely because of inadequate planning, fragmented governance, unrealistic timelines, and insufficient monitoring and controls. This has made IT projects, including those associated with supply management, susceptible to cost overruns, schedule slippages, performance problems, and in some cases, complete project failures. VA continues to face challenges in developing the IT systems it needs to support VA’s supply chain challenges. Inventory management is critical to knowing when to purchase, store, and distribute supplies—and then effectively track their use.

There is no form for a Clear and Unmistakeable Error. A search for M21-1 CUE will return - M21-1, Part III, Subpart iv, Chapter 2, Section B - Revision of Decisions - Topic 4 III.iv.2.B.4.d. Considering Requests for Revision Based on CUE Although there is no specific claim form required to request revision of a decision based on CUE, the request must be submitted in writing and signed by either the claimant or his/her authorized representative. I had a nightmare time trying to get the Mensa candidates at the intake center in Janesville to accept my CUE. At first they treated it as correspondence. Multiple calls and letters and I get multiple answers from VA individuals with no idea how their own VA system works. I created this cover page for sending in a CUE. I printed it out in very big letters and put it as the first page of my CUE. CUE FILING III.iv.2.B.4.d. there is no specific claim form required to request revision of a decision based on CUE

I am using Novant in NC. I think my community care approval was for 1 year. Novant told me to call or email when I needed to come back. They said they would work with the VA to get it approved if it is over a year later. They gave to learn some how don't they? Just kidding. I don't like the idea either. Had a nightmare time with Durham VA for shoulder surgery that I eventually declined.

Mine was doing every year until this Covid crap. I was told by an outside provider that I would eventually need neck surgery. I went ahead and had it done by him because I didn't want to need it later and only have VA as an option.

It still works, I just called it today. Here is the WH hotline# - 1-855-948-2311