31Bravo

**UPDATE***

I have created a PDF Version with much more detail than the original post. It was originally going to be a ebook, may still do that, but here it is.

HADIT UPLOAD EVIDENCE HOW TO.pdf



I wanted to pass along some things i have learned from this site, please comment with things i didnt think of and what you have learned. First of all many thanks to Bert and asknod for all their help and research that helped me on this site. I wanted to do this so when i respond to posts i can just point to this post instead of re-writing it.



SENDING EVIDENCE:

I would say "this goes without saying" however it didnt for me for awhile, i sent evidence via ebenefits or via mail and never kept copies of it and never sent it the right way just regular one stamp snail mail.....

Whenever you are going to send Evidence, now you have to send it to one of two places; Janesville, WI or Newnan, GA. you can find which one pertains to you here.

DEPARTMENT OF VETERANS AFFAIRS CLAIMS INTAKE CENTER
PO BOX 5235
NEWNAN, GA 30271-0020

FAX: TOLL FREE: 844-531-7818
DID: 248-524-4260

DEPARTMENT OF VETERANS AFFAIRS
CLAIMS INTAKE CENTER
PO BOX 5235
JANESVILLE, WI 53547-5235

FAX: TOLL FREE: 844-822-5246 (844VACLAIM)
DID: 608-373-6690


You arent required to do so as this is normally a VSO form, however i use the "VA 21-4138 Statement in Support of Claim" personally so that its a "official form", but i know other send in evidence with just a normal letter.

Either way.. When you send in evidence write the following information on the form

1) what claim this is pertaining to, ie "In reference to my PTSD claim Dated ________"
2) that you want this evidence and letter included in your c file for you claim/appeal\
3) What evidence is included and HOW MANY PAGES.
4) On every page include your Full name and C File or Social Security number as well as page number ie "1 of 20, 5 of 20, etc.". This method of numbering may even be simple enough for a rater to realize they dont have all the evidence if they are going through your evidence and realize they just went from page 6 of 72 to Page 38 of 72!

For an example of #3 i would write this below.


"Evidence:

36 pages evidence, 38 total pages including VA Form 21-4138
1) Physicians notes from Dr. Smith Dated 1/1/2015 pertaining to symptoms of Migraines 2 pages
2) Physicians notes from Dr. Smith Dated 1/5/2015 pertaining to symptoms of Migraines 4 pages
3) ER Discharge notes Dated 2/1/2015 5 pages
4) Prescription order from Dr. Smith Dated 1/1/2015 1 page
5) Prescription order from Dr. Mike Dated 2/1/2015 1 page
6) Personal Headache Diary Dated 1/1/2015-6/14/2015 25 pages"

I number each piece of evidence by hand and that way if you are denied or not given the rating you feel you deserve you can make sure all the evidence you submitted was considered. If it was not then you have a case for your NOD/Appeal/CUE. i will leave the "should i file a cue for this?" question to the experts in that field.

Once i have all the evidence in hand that you want to submit I send it 3(or 4 or 5) ways

1) USPS
2) FAX
3) IRIS
4) Ebenefits (if applicable)
5) hand deliver (if possible)

Step 1:

make a copy of the evidence and letter/statement of understanding you are sending, if possible copy the original with signature, if not print off another copy. This is for your records

Step 2:

Put the evidence into a envelope with the statement of understanding. Go to the Post office and Send it CERTIFIED MAIL as well as RETURN RECEIPT. Certified Mail will ensure that you can prove that you did send it, track it and see when it was delivered. Return Receipt will will show WHO exactly signed for it, it looks like a index card and affixes to the back of the latter and the person who get sits signs for it and puts it back in the mail to be delivered to you. THis shows proof of delivery and acceptance, etc. I have heard (couldnt find the thread) here on hadit that you can go to the local usps and show them your certified mail slip and they may be able to show who exactly signed for it. This is important. If your claim is denied and you sent it via regular mail with a couple stamps you cannot prove you sent it or the va received it. With certified mail you can prove that you did mail it and it was delivered to the correct address, with return receipt you can prove not ONLY was it DELIVERED but that it not only made it to the building but dumby in the mail room HAD IT IN HIS HANDS long enough to sign the return receipt. This will run you around $10 depending on weight of package/envelope. Yes its expensive, however its not like you are doing this 10x a month, and plus its better to cover your ass. want to spend a few bucks now or draw this ordeal out over a few years more?

In a a Veteran was told by the VA "there was no advantage" in sending certified mail and to send their request for extension of time to submit evidence via regular mail. This is a load of BS (and it was noted as such in the thread), the VA doesnt want you to send it certified because then they know you cant prove you sent the evidence in within the prescribed time period allowed. IF anyone tells you something like this then they are either full of it, or just uninformed, either way dont listen go certified/return receipt every single time.....


Step 3:

Fax the information in to the intake center fax #

This is not fool proof and is more of a good old fashioned redundancy the VA needs to actually get your evidence. I have heard stories of people sending in usps, fax and regular mail and IRIS messages and only one is ever received and logged in......

I keep the copy that the fax machine spits out to say "Transmission OK" along with the # of sheets and # it was sent to.

I have heard in cases that the VA will not take this with any weight as being proof of being sent. The reason i say to do this is so that if the perfect storm of idiocy happens and you send your evidence in with all 4 different methods and NONE is ever received or reviewed by the rater during you DRO hearing/appeal/CUE etc this will only add weight to the fact that you did everything humanly possible, you mailed it in certified return receipt, faxed it, hand carried, iris message and uploaded to ebenefits, and there was nothing else you could have done for the va to get access to this evidence. you cover yourself in a warm blanket of "i tried, i made the effort, you suck, its your problem not mine"


Step 5:

This will depend on whether this is a initial claim made on ebenefits or an appeal, etc.

For my predetermination for reduction i can no longer submit evidence via ebenefits so this wouldnt apply to me, however it would for other claims. so if you can upload the evidence of course do that there.


Step 6:

Since the latest move my VARO is nowhere near me and i am not personally going to drive hours to do so, you can choose to if you want or if its close then definitely do this.

You will want to make sure that you get a stamped and dated copy of everything you turn into them. This is golden once again, because this absolutely proves the VA received it, they stamped it personally, no doubt there.


Step 7:

Go on IRIS send a message stating on XX Date i sent in a statement in support of claim (then state the details or generals of what the statement contained), that it included X amounts of pages of medical evidence (then detail list what each piece of evidence was and says), that you mailed it certified return receipt via usps. then state what day/time you faxed the information, then state when you uploaded the evidence to ebenefits (if applicable) then what date you hand carried it to your local VARO that is handling you claim (if applicable and get the name of who you delivered it to, if the VSo did it for you, then their name and who they delivered it to).


Once you do all this you are sitting pretty and although they may screw up your claim, etc. but they will not be able to claim they didnt receive the evidence when you appeal, etc.

I also loved what


"I got so fed up with the RO losing my stuff in the 1990s that everything I sent them started to have a CC: to the Secretary of VA too (Jesse Brown,Gober etc -whoever it was)and I stated with the submission that -if what I identified in the cover letter -got 'lost' again-contact - the VA Sec for a copy.
I did this recently too- but told them to contact the General Counsel's benefits attorney in DC -if they 'lose' my IMOs- as he has a copy of them all.

Sometimes a date that VA has actual 'possession' of evidence can be critical to a claim.I have studied the Bell V Derwinski situation a lot- and this case clearly spells out "constructive possession" of evidence by the VA-doesnt matter who in the VA has the evidence, as long as someone does- (in most cases)"

Update From berta

"The only tip I can add it this.....list with a brief description ,each piece of evidence you have sent, right on the 5103 waiver form.

I also added on my 5103 that John ______ of the Buffalo VARO verified my Evidence as received, by his phone call of
March something 2015 )

Instead of him saying yeah we got all the evidence you sent, I asked him to read back a brief description of each piece, clearly described with the cover letter I sent in with it all.
He did, and this way he could not make up anything as to what they had, and all of it , he said , was going to the 'right person, to make an immediate decision on both claims that the evidence pertained to.

They read the one piece of evidence for the HBP claimed they denied and then reversed the denial very fast.."


SAVE ALL CORRESPONDENCE WITH THE VA

I Will add that everyone should be keeping all correspondence with the VA. I didnt for a long time and suffered because of it. To look back at a old decision, etc. instead of it taking 30 seconds to open a file cabinet and pull out the VA file, it took me weeks of searching through boxes etc.

I have a hard copy file of

1) Decisions
2) Correspondence
a) letters to me from the VA (anything comp related but not decisions)
b) letters FROM me to the VA

In the letters from Me to the Va file i have the following....

-copy of the original letter (with signature)
-Copy of Fax Transmission
-original Certified mail receipt
-return receipt once mailed back to me
-copy of email of IRIS transmission
-Copy of documents dated and stamped by VA as 'Received' when hand carried

These are all filed by date sent. Once my decision is final, appeals are done, etc. Then i put all the correspondence to and from the VA and decision letters into a file regarding my specific claim(s). so to be able to reference it and its history easier.

I also keep a education one, but that doesnt matter here as much. Whats important is to at the very least keep a copy of everything they send you and you send them.

I also alsways request email or official mail as the correspondence i want when they va is to notify me, answer questions etc. Yes getting a call is easier however a letter or email is official, a conversation on the phone has no record you can file away. and remember you cant record a conversation with ANYONE without their permission.

KEEP ALL YOUR DOCUMENTS.


GET COPIES OF PRIVATE PHYSCIAN NOTES/EXAMS

I also keep a file of all SC related private physician visits, i get a copy of that exam/notes every....single...visit....yes it costs a few bucks, yes it takes time, but its better to have ALL OF that now and have it ready to load and fire when needed than scrambling when you dont have time to. Plus you remember everything that you talked abotu the physician with right after the visit not a year or two later, that way you can make sure the record and notes are correct.


SELF ENTERED EVIDENCE

Depending on your exact claim I have personally taken a few tips from some vets here on keeping my own personal records of my Health and Medical issues.


DIARIES:

I keep a diary for all my medical problems and each are individual to the issue.

I keep a headache diary for all my migraines, another for issues with PTSD, etc. In the PTSD one i write down a couple words per day of how i was feeling. not in depth nancy drew diary entries, just if i was depressed, stressed, on alert, nightmares, panic attacks. This may not seem like much but if you keep down that every day for years, when you go back in for re-evaluation on top of having private/va care notes showing how you are doing, if its worse, etc. on top of sworn affidavits and the exams this will help to bolster you case and show day by day by day how this affects your life in a adverse way. Dont make stuff up, dont lie, tell the truth and be honest and dont hold back.

MYHealthEVet:

I learned on hadit from another vet that he goes onto his account on MyHealthEVet and logs in all his issues everyday as his diary.

I personally keep a hard copy and this copy. Once a month i log in and transcribe my hard copy into MYHealthEVet.

Go to "Track Health" Tab at the top, then to "Medical Events" on the Right (notice in the future this may change)

I transcribe this all down as i mentioned, you can print it off as well.

NOTE: this information IS NOT and i repeat IS NOT a official medical record and is not shared with your primary care at the VA, the only way to share this is to print it off and hand it to them. This is how you will submit this as evidence. do not assume the VA sees this just because it is a VA system, they do not.

I log down all my medical events for anythign SC as well as issues that are SC but not ratable. IE my bilateral hearing loss is service connected but currently not compensable. So i keep a log of how it affects my life, times i couldnt hear a conversation, misheard my wife, messed up at work because i misheard. Yes right now the audiogram shows that my hearing is not compensable, in the future it will be so this will be part of my evidence for that claim in the future.


LAY STATEMENTS/Buddy Statments/Sworn Affidavits


These are often called "Buddy Statements" and are basically non medical folks providing a statement as to how you got your injury and/or how it affects you.

Often these are from yourself, your spouse, friends, co workers, old unit buddies, boss.

Lay statements by themselves are NOT golden, they are not a foundation for a claim. If your claim was a puzzle these are like the corner pieces that can help piece everything together for you. they can be very powerful in establishing that X event occured and that is why you are suffering from Y now.

If you ahve multiple buddies providing lay statements as well as yourself as to what happened along with some unit diaries/records this can make your claim much easier to prove that it did happen even if you never sought treatment for it at the time.

As far the showing of "how X affects your daily life" statements from your wife and family are very powerful when in conjunction with a good C&P exam or Private IME. letters from your boss saying you have in fact missed X days this month/year/years due to your Y disability is also very helpful to connect the dots on the "how does this affect you" scale.

There is not official form that i know of for Lay statements they are usually just letters. Often i type these up for people and send them to them asking them to add anything they feel is pertinent on top of what i wrote and then if they agree with it to sign it. I know now what the VA is looking for, by that i mean instead of my wife writing "some days are pretty bad and its hard for me to deal with" i will help out and write out more details based on what she has told me, so that the VA rater can better understand. Barney style.

I would also recommend instead of jsut a regular letter you go with a Sworn Affidavit. i got mine of Christ Attig's site (he is a contributor here and i highly recommend his ebooks, i have bought quite a few).


---------------------------

SWORN DECLARATION OF NAME



STATE OF XX §

COUNTY OF XX §

Pursuant to 28 U.S.C. 1746, I, NAME, declare under penalty of perjury that the foregoing is true and correct:

"My name is NAME. I am more than eighteen years of age, of sound mind, and fully competent to make this affidavit. I have personal knowledge of the matters set forth below. How it affects you, me, etc How it affects you, me, etc.
Executed on DATE
Signed:

SIGNATURE

NAME

---------------------------

The difference between a Sworn Affidavit and a Lay statment (letter) is that if someone lies about their symptoms or about someone elses in a normal letter and the VA finds out, then nothing happens, it was just a letter (i know this isnt exactly the correct legal terminology). In a Sworn Affidavit you are affirming with your signature under the penalty of Perjury that what you are saying is true and you are legally liable for every statement. Thus the VA holds affidavits in much higher regard than a regular letter.


I have read, but not confirmed if you just put "I affirm under the penalties of perjury that this statement is true." at the bottom of a regular letter that makes it sworn.

I have also read some folks have it notarized to add more "officialness" to it, i dont know it that adds more weight or not, if its easy to have done, why not? but i wouldnt see why a notary would make it more weighted when it is already a sworn affidavit.


A Few more notes on what to write:

If your friend/family want to write their own and to check you own make sure you have/check the following in the statement

IF TO ESTABLISH SERVICE CONNECTION:

-How was that person in a position to see or know about the event
Did they specifically see the event or hear about it later?

-What happened
-How were you after the event
-What did they witness as to your medical state immediately after and longer after the event
Do not have them attempt to diagnose you...

Example do not have in this statmenet "After the IED attack John Smith was showing symptoms of TBI and PTSD." They are not a doctor, have them describe symptoms and symptoms only no names of diseases no matter how obvious. "He was knocked unconcious for over 5 minutes and after he woke up he was disoriented for hours after not knowning where he was or what happened. He couldnt talk right for hours after as well, and still had issues days later with speaking clearly, prior to the attack he was always articulate in his speech and conversations."




IF TO ESTABLISH HOW IT AFFECTS YOU NOW
-How is that person in a position to know what is going on
If you dont have them write that they are your spouse or girlfriend how is the VA to know? They need to tell teh VA who they are, their relationship to you as well as how often they are around you. If you dont write, I live with him and we spend every day together how will they know?
-Once again No diagnosis just symptoms
As written above dont diagnose the veteran even if they DO already have a diagnosis.
Say the veteran has a arthritis of the knees, diagnosed. Dont write "Dougs Arthritis makes it hard from him to get up off the floor or out of bed, hes in pain."

Describe every symptom and situation where this affects "Doug"

"Doug complains multiple times per hour of every day for past X years of the pain in his joints. When Doug attempts to get out of bed every morning the pain he experiences causes this to take much longer than a normal person, requiring slow, methodical and painful movements to orientate himself to be able to get out and stand up...."



Lay evidence/Buddy Statement/Lay Statement's are extremely important for a rating decision. The rater will see the boxes checked on the DBQ and a few "patient complains of pain in his back throughout the day" in some medical evidence you submit. However a big part of your rating is how does this affect your ability to cope with daily normal life. With statements like these from friends saying how hard it is for you to go and do the things you all used to, or your wife/husband saying it makes you angry and disoriented at home and hurts your marriage, or your boss saying you are missing a lot of days of work because of it....it helps a lot to show that this disability is hurting your ability to live a normal life and may be deserving of a higher percentage rating than jsut what the DBQ points to.

Every little bit helps.




NOTE:
My plan is to incorporate further reply posts into the original document above through editing as advice/ comments come in.

If i am wrong or misspoke about something let me know so i can edit it, if you have any other advice/comments to add please let me know.


I also wanted to make this abundantly clear, especially if you are filing your first claim or still a newbie to the VA's......'interesting' ways of doing business.


If you follow this advice to a T, do everything described above... THIS DOES NOT GUARANTEE ANYTHING OTHER THAN....THE VA CANNOT CLAIM IN YOUR APPEAL THEY DID NOT RECEIVE THE EVIDENCE. Doing this does not guarantee that the evidence will get to the raters, or that the evidence will be in your C File or that the evidence will be considered by the raters or anything really. What it does mean is that if the evidence, between your C&P exam as well as private physician and other medical evidence DOES and SHOULD for example reflect a 50% rating and they give you 10% because they only considered the C&P exam you can appeal/cue/etc that decision stating the rating was not properly conducted, etc. and that not all of the evidence was considered.

I repeat this only keeps your patooty covered for an appeal based on the quality of your evidence, that is all.

Greetings:
I am grateful that one afternoon a few years ago, I Googled "I've had it with the VA". That simple "search" born out of utter frustration led me to "Hadit". And there it all started!
As of two weeks ago, I'm rated 100% (long overdue). And, I am still NOT done with the VA.
For those looking to do there own research I offer this process:
Obtain your Military Service and Medical Records by mailing (certified, return receipt requested) an SF-180, found here: http://www.archives.gov/veterans/military-service-records/standard-form-180.html Obtain your full VA treatment records from the "release of information" window at the center you receive treatment at. Review the CD-rom (PDF file) for all CHRONIC medical conditions, treatments, and diagnosis - chronocity is critical! Identify the incident, event, or situation in service that "caused" this condition. If it's in your active duty medical records that's extremely valuable. If it manifest after service you'll need to find a way to "connect" it to service - the "nexus". Next search USC 38 part 4 for your CHRONIC DIAGNOSIS, found here: http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5;node=38:1.0.1.1.5#_top Match up the conditions and rating percetnage to the CHRONIC diagosis in your medical records. Review the DBQ the C&P examiner "must" use to rate your current condition, found here: http://www.benefits.va.gov/compensation/dbq_ListByDBQFormName.asp Search for VA court cases on your condition(s) to understand how the VA Regional Offices is likey to "rule and rate" on your claim. HINT, the cases tell you what evidence actually supports a claim. For example, here's a search for Sleep Apnea secondary to chronic Sinuitis: https://www.google.com/?gws_rd=ssl#q=sleep+apnea+secondary+to+chronic+sinusitis Look for evidence in these cases that would support your claim, and THEN match and find your evidence - NEVER, EVER lie! Gather all your evidence, write up a Statement in Support of Claim, found here: https://www.google.com/?gws_rd=ssl#newwindow=1&q=va+"Statement+in+Support+of+Claim" and mail it certified return receipt requested. NUMBER every single page, make copies, and wait. Make someone sign for your mailed packaged - VA has NEVER lost my packages! Before you go to a C&P review your evidence and especially the questions the Dr. is going to ask from the DBQ. I usually hand write a list of the 6-7 items that supports my claim. I make sure the examiner see this. I'm so done with the VA, I walked into to my last C&P with my 4" binder and the Dr. undersood I knew what is going on. A C&P exam is a LEGAL MEEETING, not medical treatment. I submitted my last three claims in July and they were fully decided correctly in six months. Help the VA help YOU!
And, most importantly, never, never, never, ever give up. Be relentless!
Most grateful,
PJ
I got a request to see how I wrote Claims, so here they are:
Hearing loss, Peripheral Vestibular Discorder, and Tinnunitis. Digestive disorder. Skin disorder. VA's 2015 Decision on these three Claims. 1 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-1- redacted.pdf
2 -STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS - PG-2 - redacted.pdf
3 - STMT IN SUPPORT OF CLAIM - PERIPHERAL VEST DIS FOLLOWED BY TINNITUS - PG-3 - redacted.pdf
4 - DBQ WITH TINNITUS - HEARING LOSS & PERIPHERAL VEST DIS - AMENDMENTS_Redacted.pdf
5 - C&P EXAMINER'S DBQ FOR EAR CONDITIONS.pdf
6 - STMT SUPPORT CLAIM - RHIODS 2014 - redacted.pdf
7 - DBQ FOR RHOIDS - FOR C&P.pdf
8 - STMT SUPP CLAIM - ECZEMA 60% - PG 1-2.pdf
9 -STMT SUPP CLAIM - ECZEMA 60% - PG 3.pdf
10 -STMT SUPP CLAIM - ECZEMA 60% - PG 4.pdf
2015 DX REDACTED FOR HADIT_Redacted.pdf

VA insists ILP is still a vehicle to take you back to work. If you can't work, then how is that possible? VAOGC Precedent 34-97 says "avocational" as in hobby. No one will acknowledge that yet it is one of the few precedents that control. The other one is that all your disabilities, not just SC ones, must be considered in awarding ILP. VA refuses to acknowledge that as well. ILP is 7/8 of the VR&E iceberg you never see.

I apologize for duplication of any earlier postings-- but I believe many Viet Nam era veterans may miss Agent Orange exposure posts for areas they've served in without knowing that AO was used.

Many died waiting, leaving behind survivors suffering from their loss to reconsider if they should pursue the fight to obtain VA accrued benefits when their Veteran died from one of the presumptive diseases without SC toxic Agent Orange herbicide exposure.

Ailing U.S. veteran wins payout over Agent Orange exposure in Okinawa

The U.S. Department of Veterans Affairs has granted compensation to another former service member for exposure to Agent Orange while stationed on Okinawa during the Vietnam War era.

Dated October 2013, the award was made to a retired Marine Corps driver suffering from prostate cancer that, the presiding judge ruled, had been triggered by his transportation and usage of the toxic defoliant on the island between 1967 and 1968.

The decision to grant the claim comes in spite of repeated Pentagon denials that Agent Orange was ever present in Okinawa.

According to the ruling of the Board of Veterans’ Appeals (BVA), the unnamed marine alleges he came into contact with Agent Orange while transporting it in barrels and rubber bladders between U.S. military ports at Naha and White Beach — a navy installation on the island’s east coast — and a warehouse on Kadena Air Base

The former marine was able to identify the barrels he helped to transport as the infamous Vietnam War defoliant due to the tell-tale orange stripes painted around their middles.

The retired service member had first applied for compensation in 2004 but his claim was initially rejected. Following appeals by the veteran, Judge Mary Ellen Larkin ruled in his favor last October, stating,

“While neither the service department nor DOD confirms the presence of Agent Orange on Okinawa during 1967 and 1968, the veteran offers a highly credible, consistent account that he was directly exposed thereto during those years while performing his assigned military duties.”

According to U.S. government records and interviews conducted by The Japan Times, more than 250 former service members claim to have been sickened by exposure to Agent Orange on Okinawa, but only a handful have ever been given help by their government.

A 1971 U.S. Army report on Agent Orange — revealed by The Japan Times last year (‘71 Pentagon paper says Agent Orange was stored on Kadena Air Base,” Jan. 12, 2013) — cited a herbicide stockpile at Kadena, and it has been reported that the C-123 airplanes that sprayed defoliants over Vietnam were sent to the base for maintenance.

Keep in mind the VA is not your (BFF) all of us have lost family members and friends or know others affected by the extended delay of benefits for SC chemical exposure claims.

Please review full story at this link. http://www.japantimes.co.jp/community/2014/03/17/issues/ailing-u-s-veteran-wins-payout-over-agent-orange-exposure-in-okinawa/#.VcFy9pDbLIV

Jumpmaster

the united states , great brittain and rome run the whole non communist world..Before the united states or brittain can or do go to any major conflict, they must consult with the pope first.. The reason the Saudis have so much power, is because they agreed long ago to sell thier oil exports in DOLLARS.. In turn the US protects the Saudis with an iron fist... George (bomb the shit out of em) one and 2,BOOSH (bush) have had private business dealings with the kings of Saudi for decades.
The true reason we went after Saddam is he tried to create a gold standard backed currency.. that is a threat to the world banking system.. same thing happened to Kadahafi.. If another country establishes a gold backed currency it is all over in a big hurry for the US/ because our dollar is no longer backed in gold, in the fractional banking system. What our economy boils down to is a ponzi scheme where we create currency based on debt.. a person goes apply for a loan for a house, and a banking instituion creates the "debt" out of thin air. The homeowner pays on this debt for 30 years with interest and the banking institutions get stupid rich.
Now that Obama went against the grain and didnt join, or wasnt allowed in the good ole boy saudi system, and encouraged pumping our own oil out of north american soil, the saudis are pissed.. we no longer need thier oil, and we are now the largest producers..
World dynamics are shifting.. this country was getting screwed over by the Bush familys for 20 years, because of his suppressing american jobs and cheap oil, to get buisness deals with saudi.. When gulf war started, dick cheney got the whole defense contract.. it was a no bid, back room deal, under the Haliburton name, which chaney owns.. The reason we went to Iraq And have been in Iraq, has not been to try and get thier oil, it was to keep Saddam from selling his oil in a gold backed scenario, which could possibly challenge the dollar.. The european union was doomed from the start.. There was no way the US would let the euro become strong and challenge the dollar..
Any world leader who tries to establish a currency that will challenge the dollar gets eliminated.

WW has never passed the smell test for me; the commercials present a very appealing package for the masses to purchase some feel-good by donating to wounded veterans who are paraded like 3rd-world children. The only thing missing is flies on their face.

Going after Asknod and others who threaten their 'brand' further smears their slick, corporate image.

They strike me as another VA in the making.

I donate to Fisher House Foundation at www.fisherhouse.org

They help veterans and their families. Check out their ratings on charity navigator.

Although they are not officially a charity or tax deductible., I donate to the Hadit website because it helps veterans and their families. JMO


GP

This is fairly old news. WWP has been in the news for their actual donation percentage for a few years (less than 60%). The fact that they are suing other charities for using the word wounded when used in the same sentence as warrior blows my mind. The fact that our country's service members need charity because the government cant keep a simple promise is even more mind blowing.

Great Post, Oiler. According to Ask Nod's website, he was sued by WWP. Im personally saddened by money being donated to WWP being used for lawyers to file suits against Alex. Instead, I would like to see WWP use money earmarked for wounded Vets to be used to hire attorney's to represent Veterans at the VA who have been denied benefits. That is, assuming ANY money (earmarked for Veterans) needs to be spent on legal fees, and I dont even know about that. Thats just my opinion.

yeah, and the VA employee who manipulated that data was the Director of the Buffalo VARO.

She was so dumb that she did that in email to me, email which I promptly sent to the IG.

My husband just got a letter from the VA.

Although he has been dead for over 20 years, they said they received his January 6, 2012 NOD and asked him for more information for his claim.

He has 30 days in which to reply. and they even attached a I-9.

Any suggestions as to how he should reply to them?????

He is 6 foot under at the Bath NY VA National Cemetery in the cremains section. with no internet service or a PC,or phone.




( YIPPEE ...the one good thing is that the Director of Buffalo (in what is obviously another snafu) gave me another victory today ----Thursday by phone and also in email she sent to me, (documented proof I sent to the IG) she had tried to manipulate my January 6, 2012 NOD date to be established as filed on April 2015.and I contacted the IG Thursday when she hung up, and sent her, Sec MCdonald, ,Allison Hickey , and Jeff Henderson . (VACO) a copy of my IG hotline complaint as to this manipulation of data by a senior VA official)

My dear husband must be spinning in his grave at all this crap.

Yes and no. The VA relies on "medical professional's" opinions, not necessarily doctors opinions.

The Veteran can challenge the competency of an examiner on an unfavorable medical exam.



If you went for a C and P exam for sleep apnea, and the PA has never treated sleep apnea, then challenge his credentials, arguing he is not competent to opine on sleep apnea without the requisite training and experience.

You see, unless you specifically challenge the c and p examiners credentials, then the examiners credentials are assumed to be valid.
You are on the right track. Try to find out the c and p examiners expertise on the issue you had an exam for. You can request the examners CV and a list of his/her expertise on your conditons. Proceed from there.

If you are being reduced, the VA may not be able to reduce you on a single exam. How long have you been SC for?

Read up on reductions, there is much here on them. If the exam is unfavorable and he does not say he reviewed your medical history, then argue that exam is invalid as he did not review your records.

If your c and p examiner said you "actually improved under ordinary conditions of life" you may be able to cite your regular docs opinion, especially if he is a MD and your c and p examiner is a PA.

If you have been sc for at least 5 years OR if you are P and T, then your c and p exam needs to show you "actually improved under ordinary conditions of life" (this means working).

You can argue you dont meet the reduction criteria because you have not had actual improvement under ordinary conditions of life as you are not working. There is something in the reg somewhere that says if you got better due to not using your knee, for example, that does not necessarily mean you can go back to work demonstrating pogo sticks.

I sure hope what you saw at ebenefits does actually indicate a P & T award has been made.

P & T status extends Chapter 35 as well as CHAMPVA.

I have both of them and due to my 2012 award, I have a new eligibility date for Chap 35 and might use it again.

It is also retroactive in some cases to your dependents.

The DEA app will come with the award letter. CHAMPVA can be applied for on line.

File for TDIU, as your SC conditions/medications keep you from working, in your usual field.

pr

You might want to rethink that logic, Ollie. SMC L is also known as Aid and Attendance 1 or abbreviated A&A 1. A&A 1 is SMC L. Look carefully at the requirements for L and at 38 CFR 3.350(b)(3) and then look at 3.352(a).

(3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a).


(a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration in determining the need for regular aid and attendance (§ 3.351©(3): inability of claimant to dress or undress himself (herself), or to keep himself (herself) ordinarily clean and presentable; frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid (this will not include the adjustment of appliances which normal persons would be unable to adjust without aid, such as supports, belts, lacing at the back, etc.); inability of claimant to feed himself (herself) through loss of coordination of upper extremities or through extreme weakness; inability to attend to the wants of nature; or incapacity, physical or mental, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to his or her daily environment.


But see 3.350(f)(4):
(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(l) through (n) or the intermediate rate provisions outlined above.

Translated, that means if you qualify for L and have two (2) independently ratable 100% disabilities, you get M. No ifs, ands or buts.

I thought I would help explain a little about VARO errors, as they often follow patterns:

1. The VARO must give a "reasons and bases" for its decisions, or else it is error. I recommend, if you have favorable evidence if your evidence is not listed in the decisions "evidence" section, that you appeal it on that bases. If your pertinent evidence was not considered, then you can ask to reopen under 3.156 based on the "new" evidnece.
If there is favorable evidence in your file, and VA denied it anyway, and did not mention this favorable evidence, you can appeal on the bases that you had favorable evidence and the VA did not give a reasons and bases as to why this evidence was not considered.

2. Issues "reasonably raised" by the record, but not adjuticated. This is error, but the VA wont do anything about it, usually, unless YOU bring it up.

3. Compliance with "notice" and other regulations. Just because the decision "says" they complied with a particular regulation does not always mean they complied. Read over the regulation and see if they really did comply.

4. Not rating you on criteria. My first denial was on hearing loss because "it was too long since military service". This is not one of the rating criteria for service connection or hearing loss. If VA lists a denial based on non critieria, nail them on it. They can not say, "Im denying the Veteran because he wears purple spiked hair". This is not the criteria. Look it up and make sure they give a "reason" as to why you did not meet one or more of the criteria in the denial. Many/Most BVA decisions say,
"The criteria for xxxx has (or has not) been met. You meet the critieria, you get the award. If you dont meet the criteria, then they need to explain why you did not meet the applicable criteria.

5. Absence of Evidence is not Evidence of Absence. Let me explain. If your cfile says "nothing" about your condition, this does not mean you do not have the condition. There could be many reasons why your file has nothing in it about your malady, the most common of which is that the VA can not find the evidence or does not have it. Now, "evidence of absence" is a valid reason for denial. If you go to the doctor, and he xrays you, and he says, "No, the xray is negative for any sign of DDD", now this is a valid denial reason. Its negative evidence or "evidence you dont have DDD". It is not the same thing as there is NO xray. Dont let them do this. If the VA has "negative evidence" then let them cite the medical report where the doc did a test which came up negative. You can deal with this with an IME/IMO. But, just because there is nothing in your record about DDD or xrays, this does not mean you dont have DDD. It means your records are probably incomplete, if you have taken these tests, or, if you have not taken the tests, then you should be given a C and P exam.

I agree with John 100% "none VA Math". The government bean counters have a pretty good handle on the timeline on how many Vets are dying off vs how many new ones are coming on board. It is nothing but a numbers game with the VA, they get x amount of money per year divided by x number of expected claims, minus expected number of of dead vets that frees up the money for the new claims. They are very well aware that if all claims were granted in proper form, the system would be overwhelmed in dollar value, so they deny and deny until they no longer can, by that time, enough vets have passed causing less stress on the system when award is finally made.

If the VA were ever made to pay interest on awards, most of this non-sense would stop.

If the VA can deny and delay claims by a certain number of years vets will die, loose motivation, move geographically, and get lost. This is the goal IMO. When you really start to get a much higher rating as in 70%-100% you find that you have a major burden of time and effort. It took me about three years to go from 30% to TDIU P&T. That is including three IME's. Three DRO appeals and two C&P exams. I had been SC since 1971 but I had never really gotten serious because I could still work and had a decent job. The VARO was adversarial all the way. They went over my IME's with a microscope to find anything they could use to deny my claims for TDIU. I was already on SSDI and OPM disability for the SC condition.
When I see vets putting their whole faith in the hands of some VA C&P exam doctor I shudder. If not for IME exams I would still be at 30%. I used the IME's to dispute all the assumptions the VA made that my TDIU was due to non-sc conditions.
I got a lot of help here at Hadit. To show continuity of symptoms you either need to really understand the system, or be so ill or injured to be in constant treatment. I just talked to a vet at the VA who hurt his back in a crash in the service. He was treated for it in the service, but it did not start to bother him again seriously for a number of years. Therefore he did not have continuity of symptoms or treatment that he could point at to show the VA that his original disability/injury was continually affecting him. You hurt your back when you are young and it usually comes back to haunt you when you are older due to arthritis and degeneration around the original injury. However, the VA makes you prove the connection between original injury and current injury/illness. I have at least 80% rating just due to presumptives due to AO. If not for presumptive rule I would still be P&T, but would not have HB.

How many 22 year olds are thinking about how they will be doing 30 years later, and planning their VA strategy to get correct compensation? You need to plan your illnesses and injuries to fit into the VA framework. Nobody really does that except in the minds of VARO's. Half of my SMR's are missing and I never even got a copy or an exit exam back in the day. At least younger vets today usually get a copy of their SMR's and get an exit exam which givers them a chance to document their illnesses and injuries one last time.

John

They should base the job on the percentage of appeals. If they have more than 20% of their denials overturned on appeal, or 2 out of 10, they should come under review. Remedial training to start with, to warnings, and terminations to follow.

If 2 out of ever 10 jobs I did contained errors, even McDonalds would not hire me.

This is unacceptable.... hopefully this news will go out far and wide and result in changes. For those who want to believe the Veterans Administration truly wants to help veterans this simply proves it isn't true. I would hope people would be demoted or lose their job if they have anything to do with building or maintaining this culture.

All the delays and denials do benefit them. That's why the appeals process is like ten years of waiting. They want us to get mad, angry, give up and die. The waiting game definitely helps them and hurt us.

When you appeal, you have about a 70 percent chance of either a remand or an outright grant. You need to remember this, then next time a VA employee or VSO suggests you drop your appeal. Of course they want you to drop it! It makes them look good!

http://www.veteranstoday.com/2010/02/25/chief-justice-startled-by-gov-errors-in-veterans-cases/

ROBERTS: Counsel do you — do you dispute your friend’s statement that 42 percent of the time in Social Security cases the government’s position is unjustified, and 70 percent of the time in veterans’ cases?
YANG: Well, I think that reflects the stakes often, Your Honor. Oftentimes the government does not contest, for instance, the $2,000 EAJA award and because it’s the government, has to —
ROBERTS: So whenever it really makes a difference, 70 percent of the time the government’s position is substantially unjustified?
YANG: In cases in the VA context, the number’s not quite that large, but is a substantial number of cases at the court of appeals —
ROBERTS: What number would you accept?
YANG: It was, I believe in the order of either 50 or maybe slightly more than 50 percent. It might be 60. But the number is substantial that you get a reversal, and in almost all of those cases EAJA —
ROBERTS: Well that’s really startling, isn’t it? In litigating with veterans, the government more often than not takes a position that is substantially unjustified?
YANG: It is an unfortunate number, Your Honor. And it is — it’s accurate.
Bart Stichman, co-executive director of the National Veterans Legal Services Program, said he thinks the percentage is greater than the government’s number. ‘That means the quality of decision-making at the Board of Veterans Appeals is not very good,’ he said. ‘We’ve been saying that for years. The number means not only did they wrongly decide the case but their position wasn’t substantially justified. Not too good.’

In Part:
"AUGUSTA, GA: A 50-count indictment, unsealed today in federal court, has charged Cathedral Henderson, 50, a U.S. Department of Veterans Affairs (VA) employee and the former Chief of Fee Basis over non-VA Care at the Charlie Norwood VA Medical Center in Augusta, Georgia, with crimes related to his alleged falsification of the medical records of numerous VA patients. The indictment alleges that Henderson terminated unresolved consults – medical appointments that had not been scheduled or completed – by falsely stating in VA patients’ medical records that “services have been completed or patient refused services.”

http://www.justice.gov/usao-sdga/pr/va-employee-charged-falsifying-medical-records-numerous-veterans

People are not doings these illicit things on their own. It's a governmental system that is run like a for profit business and we are getting the worse of both worlds. It's too easy for them to munipulate and adjust their numbers to benefit themselves for bonuses etc. Waiting times are ridiculous. They don't want to fix whats been working for them all this time. I'm not asking for perfection. I wonder if government politicians were treated like military veterans, how long would that last?

The IG needs to get with the GAO and find the several million dollars that they cannot account for every year, and create a monetary reward system for employees who expose crime inside the VA.