31Bravo

Update: the va office of Fort Bragg Nc called this morning and said I was eligible for Heath care benefits . She told me to come and get my picture taken and get my card. She did tell me the reason I was denied was because the computer didn't show my time in combat. But she looked on my DD214 and it showed it. Thanks for all the help guys and ladies. It's my first step and still got a long way to go



Steelman24

After my hearing my wife,attorney and I went to have a coffee together and each talked about how they feel it went. We all came to the same conclusion, it went well. The judge looked, acted and moved all in the right manners. Our evidence is strong as so was testimony,the law is on our side. But this is the VA !! Lol Now wait 3-8 months

Today was my big day 8:30 am this morning with the traveling board judge, I thought that it was going to be with one judge it turned out to be another one. It lasted about a hour and I had a lawyer, for me having a lawyer who was a Marine and a former judge helped me"PTSD" stops me form doing stressful things. My wife spoke on my behalf and I think we had a FDC that would hold water. The judge took notes as well as evidence and our brief. My claim was put in originally 11-11-06 and has been at the BVA since 2010. I came out feeling good about me finally getting a chance to show and tell !! The judge said that she was going to be in Detroit for a week then back to Washington. I saw a lot of files stacked of Vets for Hearings but did not see a lot of Vets. The weather was bad but I still made it on time.

"Whoa, there pilgrim. In all my days working claims, I have yet to hear of a suborned doctor's nexus letter"

Me either ASKNOD.

I think whoever said that was talking out of their butt.

Doctors have serious ethical requirements as to when they prepare an IMO and sure would not risk losing their license via perjury.

( well some VA doctors might...as I well know ,and have that fact documented, but they dont even need malpractice insurance.
Maybe Bob should change that.)
Dont forget everybody ,... when Dr Bash went through some VA BS over some of his IMos,many years ago he strongly protested to the OGC and that was quickly resolved.

I have a copy of the Secretary's apology and appreciation to him of the help he gives veterans via his detailed and expert IMOs.

But as I always say, no IMO doc, nor lawyer, nor vet rep can make a claim succeed.

Evidence does that.

<<<<<<<<<All in all it went very good . Just have the right evidence and be car(e)ful with IMO because she mentioned that Vets not all, but some are paying doctors to fill out false IMO >>>>>>>>>>>>>>>>>

Whoa, there pilgrim. In all my days working claims, I have yet to hear of a suborned doctor's nexus letter. I have read of a Vet who extensively remodeled his best friend's DD 214 and sent the new one in with his claim but he was an employee of the Baltimore VARO. He was caught granting fake claims for even more of his buddies by the VAOIG. Somebody bragged to the wrong person at the VFW Bar. It happened about five years ago. I have kept close track of this since Keith Roberts did his 4 years for "falsifying" his claim in 04. He was exonerated but that never makes it back into the newspaper.
​I call 4 pinocchios on that one. It reflects exactly how they think of us and our credibility.

clear prop

Well, If it passed through the hallowed halls of the BVA and was denied, you file with them at 810 Yellowbrick Rd. NW 20420 and ask for a Motion for Reconsideration. You can legally do this at any time after a BVA denial. If you won a review, this would set your old decision aside and generate a new de novo review based on your argument. If they refuse to reconsider, it's off to the races at the CAVC.

On the other hand, if they somehow erred and missed it at the RO, you politely supply them with the correct evidence and say "Please send the retro to my local branch of the Bof A and be quick about it." Again, if they choose to deny, you saddle up pronto for the BVA and do not waste any time playing DRO poker. If they reach a modus vivendi with you , all's well. If not, again, it's off to the CAVC where you win.
Good luck.

I like to think of old SMC S claims as "tardy" rather than CUE. You are not trying to revise an incorrect decision (CUE) so much as to point out that you were entitled to it on X date and they, in their haste to rate, simplemindedly forgot or overlooked it. SMC in any venue , be it K, S or L, is still due and payable when the entitlement arose. It makes no difference when. Once you prove entitlement, they have to pay it back to the day the medical records prove it was due. It's not so much a legal battle to assert your rights but an evidence argument which is far easier to win.

And don't worry about pissing the VA off. If anyone could do it, by now VA would have found a way to hang Berta and me. We've cost them years of litigation alone.

I know a Vet who has had the best results with that plant God gave us. Makes him really mellow, too. Which also helps with his PTSD related bad temper.

I forgot my favorite regulation:
38 CFR 4.6

I know there is something in M21-1MR about timelines etc but this is the reg you can cite in the IRIS:
as they have violated your rights as to considering the evidence you had already sent to them

This kind of careless crap by ROs is part of how they have caused the backlog..


§4.6 Evaluation of evidence.
The element of the weight to be accorded the character of the veteran’s service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element in any way affecting the probative value to be assigned to the evidence in each individual claim must be thoroughly and conscientiously studied by each member of the rating board in the light of the established policies of the Department of Veterans Affairs to the end that decisions will be equitable and just as contemplated by the requirements of the law.

“b. Review of Evidence. Concisely cite and evaluate all evidence that is relevant and necessary to the determination. Rating decisions must evaluate all the evidence, including oral testimony given under oath and certified statements submitted by claimants, and must clearly explain why that evidence is found to be persuasive or unpersuasive. Decisions must address all pertinent evidence and all of the claimant's contentions. “

Source: September 23, 2004 M21-1, Part VI
Change 118

______________________________________________________________________________
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3_ADJUDICATION--Table of Contents Subpart A_Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.159 Department of Veterans Affairs assistance in developing claims. (a) Definitions. For purposes of this section, the following definitions apply: (1) Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses. (2) Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

Look at Beraud>>https://asknod.wordpress.com/2014/09/13/fed-circus-beraud-v-mcdonald-justice-interuptus-ii/

Same problem. He got a denial in the window that he was given to fix it.

As long as you are still within the window of the aforementioned 30 days from the date of the letter, submit the information pronto and get it in to one of the two intake portals with a post date of less than the 30 days. Ignore the denial letter for the moment. If you are given 30 days and you can show you complied, it will be easier to win it down the road when you do get to the BVA or the Court arguing a CUE. I saw one like this at the CAVC recently and they bounced it as a reversal because VA did the same exact thing. If it's past the 30 day suspense date already, then you're going to have a problem showing you complied with the original terms of the request. Any time VA pulls this or a similar stunt, ignore the problem and continue with the original request. As long as you timely comply, they cannot hang you with a denial that will stick. It will take time but you'll win. Do this first and then call Bob. Don't let the 30 days expire waiting for something positive to happen.

Remember, if you let the 30 days slip by with no compliance, VA can argue (and win) that , well, yeah, they stepped on their necktie when they prematurely denied you but the whole thing is moot because you never complied in the 30 day window as required anyway.VA calls that harmless error . Lawyers call it estoppel.

It is worse than sad and unfair, it is illegal per VA case law and I think it is one more way we are forced into the backlog,because the more claims in the backlog, the more remands , and the fact that so many claims get denied right from the gitgo for no viable reason, will then insure the more job security for ROs who didnt do the claim right in the first place.

pinstriping freestyle,, just let your soul release onto paper or any other object.. Its like a ritual./. I like to burn incense. get into a meditation and open my paint cans, mix the color I want, use turpentine to pallette the paint, then start my design.. The incense I burn is Frankencence and Myrr the same stuff they use in Jesus times.. I also have some spiknenard oil for anointing myself before meditation.. ( the same oil that was rubbed on jesus feet ) In these deep meditation/art sessions I spend time with jesus. Those amongst us who follow the biblical texts, know that time is short.. the signs are all here. I dont understand how people dont go nuts without God in thier daily lives..

Do BOTH.
Simply use your voucher, and get a private medical exam. Then, go to your VA doc in September.
If the private medical examiner offers a more favorable opinion than your VA doc..you have an instant IME without having to pay for it as many have to.

I can not see a "downside" to using both.

Frankly, I would not use VAMC care if I could use private care, with a few exceptions. (As messed up as the VA is, they still have SOME very good docs, and, some poor docs have been in private care also. So, it goes both ways, but the preponderance of evidence for me is to go to the private doc when possible).

"I protected our GOV'T from threats, now who will protect ME from our government?"

"If I didn't go broke waiting for my VA claim, I could afford to go to a REAL doctor!"

"I did MY job! Now the VA needs to do THEIRS!"

"HELP! They took my Meds and want me DEAD!"

You'll help a stray pet, why not a VET? Contact your Congressman!

I think I could do this all day, does that make me employable now...probably by some twisted logic.

john
your sign could say ,


( help ) the amblance droped me off here,, but i need medical attention ,,

or

''If you think veterans receive the best medical care from Veterans Administration Medical Centers, think again or just ask any veteran.

The reasons VA Medical Centers are built to provide excellence medical care for Veterans, Unfortunately we are not receiving such Care. you want proof just go visit any VAMC.

Wanna see the after effects of War? Visit a Veterans Hospital!

Given the 95 degree heat and 105 degree "feels like temperature" in the sun you may see me on my own protest of VA health care. I am going to see if we still have the right of free assembly to protest government policy. I am going to get me a sign and a chair and just sit on the sidewalk in from of the local VA hospital, VARO or my congresswoman's office with some slogan to voice my disgust about the way we vets are treated by the VA. I have called, written or emailed just about everyone I know who can possible help. My feeling is no one cares about vets. Not the ones being paid to care for vets and that is for sure. I just need a good hat and suntan oil. Florida is just hot as hades in June and July. What we have is a "pretend" system to care for vets and disabled older vets in particular. The Choice Card, Caregiver stipend and all the rest of that is mostly hogwash. Vets since Korea have been passive and see what it has gotten us? No disability increases except COLA since WWII. When I got 10% disability in 1971 it was $28 dollars a month. My father got 10% from WWII and he got 8 dollars. As far as I know he never visited a VA hospital during his short lifetime. I may not be able to last too long in that heat or before I get arrested or bashed on the head. I will test it and see. Any suggestions about a good sign slogan that is got some punch but not too long so it fits on a hand held sign?


John

Possible Slogans:

"You are more likely to die here than in a combat zone."

"Use at your own risk"

"If you are looking for good quality healthcare by highly competent medical personnel, you are in the wrong place."

The VA is not about veterans.

Here is the VA statement on disabled children of AO parents.:

http://www.publichealth.va.gov/exposures/agentorange/benefits/children-birth-defects.asp

And this is the link to the site Mike mentioned:
http://covvha.net/

The children of Vietnam veterans health alliance is a group that provides research on health problems of kids of Vietnam veterans exposed to agent Orange.

The VA methology seems to be all about making someone else do the dirty work.. Take for instance the procedures for primary care.. Ok the primary doctor is the healthcare gate keeper.. Everything is supposed to go thru the primary doctor. you believe you have a major problem with your neck, report it to your primary and its thier decision to do further testing or refer you to a specialist or order tests such as Mri, X RAYS, Blood tests. ect.. From my personal experience and reports from a employee inside my VAMC I believe that data manipulation and denial of care to veterans has become an art form.
Heres how things have unfolded in my personal experiences.. I go to my VAMC seeking specific care for an ailment and report it to the nurse on intake before seeing the primary doc,, usually that information is either immediately shrugged off by the nurse or if it is reported to the doctor, it is frequently not added to the medical notes. It seems no matter how many issues and maladys you are burdened with, the primary doctors try to keep your problems list quite scant.. Why??? Because adding major problems to the problems list will garner possibly more care, testing, compensation, more visits, and last but not least, OUTSIDE fee based health care... The VA certainly doesnt want that, because civillian doctors have no bone in the game.. Civillian doctors tend to be very truthful and comprehensive in thier healthcare.. I compare the methology of VA healthcare to the communist leader in north korea s tactics...Keep the people oppresesed and ignorant to control them..Ok lets continue on with our quest to get care... You do not agree with the diagnosis given and request further testing such as an MRI or to see a specialist... You will likely then be told that you do not meet the """"""" criteria..""""... why praytell do you not meet the criteria? because the primary is saying you dont, even though they dont really know.. Most primarys are INTERNAL MEDICINE docs... they are basically an extensively trained pharmacist and prescribe pills..
So moving right along... after being denied care for a LONG time, you finally get wise by either figuring it out as I did , or being put wise by a podna. you save your sheckels and go see an independant, unbiased, highly qualified specialist.. You are then informed that your "neck pain" is a hell of alot more that they were telling you at the VA. So you print the diagnosis and doctors notes and recommendations, and go straight to your primarys office and stick the diagnosis in his face..
You get a sheepish, shit eating grin from him or her, and the outside retained proof is handed off to the nurse to add it to your file.. Ok now surely they will give me the treatment I need, because they have verifiable proof from a reputable medical professional..
Ok the days and weeks start going by, with no action,.. you message and call your primary team asking what is going on,,, why havent you scheduled an appt with a specialist, or ordered tests, or something ? Well heres why... either the VA your going to doesnt have a specialist in the field required or they are so swamped with other patients they cannot see you..
Ok , now this is metastisizing into a real dillema .. The primary is hell bent on not reffering you to fee based care ( because he has no power and being told not to), and theres no slots open for you at the VAMC... So now what... you are likely ignored and put off and they hope you just give up..
If you are quite the stubborn hard headed jackass as I am, you dig in and hold the line..you call and message them... ( they dont like messages for some reason and I was actually told, dont message ,,, calll)... So after bugging the hell out of them, they pull out thier next bag of tricks.. They tell you they are putting in a request for authorization for fee based care... NOW were gaining ground. ...........WRONG,,!!!!!!!!
A few weeks later you are promptly informed that they cannot authorize, because it is a service offered at the VAMC. ... hmmmmm... So now the primary must submit a request for care inside the hospital... if they cannot get to you within 30 days they are supposed to refer you to fee based care...

to be continued.....

its ALL connected.. The CP docs at the hospitals communicate regularly with the regional office personnel.
I bet I could review at least half the veterans medical files at the va and find malpractice, negligence, malfeasance, intentional deception , and failure to follow the standard of care .
Once your doc figures out you have caught on, they try to get rid of you and dump you off on another doc..
I dont trust anyone at my VA at all anymore. lies lies lies..
Hell I called the records clerk and asked for a copy of my MRI, I was told they are.. 89.00 I called xray and they told me they were free. the records clerk just does not want to do her job... The VA needs to get rid of a bunch on trash.

Back when I was recieving treatment for hepatitis, at the end of the 52 weeks of chemo, the NP who treated me, set up a CP inside the hospital.I was later awarded 40 percent,, I thought I was being done a favor until I found out years later She made me feel like I was very lucky to have it service connected and told me not to mess up againn... WTF ... I m positive I got the hep from either a jet gun or a tattoo in service. I could have recieved 100 percent temp until thew hellish treatment was over, and I wasnt puking like a drunk, pooping like a goose, sweating like a whore in church, mean as a rattlesnake, and depressed. It would have been nice to get treatment and no worry abt my bills, puking on the job, crapping my pant, going apeshit on a customer... ect/
I also had to hire a helper to drive my van, because I was too sick to drive most days. I had to pay him, and never got a nickel back of compensation for that.. that year was a real struggle \
The NP never told me,,,, look sir, this chemo is bad stuff and you are real sick, if you get so sick you cant work, you can be comped ar the 100 percent rate until you feel better or a year has passed..
Yet she was quick to escort me to the CP after the treatment was over...
Just imagine feeling like you have a bad casde of the flu for 52 weeks, with deppression, anxiety, and several other things.
There was documentation I contracted the disease in service, so she knew it was going on a long time...
why did she wait till the treatment was over....