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Victor Ray
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Posts posted by Victor Ray
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Nothing. They should be Removed by now.
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The difference between a PTSD award and a MALARIA disability award. PTSD will pay 100%. You will receive the easiest award possible-PTSD, before the VA will SC you for malaria unless it is inactive. If it is active you will receive 100% until they deem it cheered and 10% after that, but they lie to you because Valaria yes transferred to your kids and made just like the Zika Virus of today. They are making a big deal out of it because the public is aware of it where as when it was only military personnel getting malaria it basically meant nothing. Now it is a big deal because it kills babies just like malaria did but the poor slobs and the service board the brunt of the lies and deception. If you had malaria your organs are damaged and you are screwed but good luck in getting the attention of the VA for that. The Zika virus is nothing compared to the plasmodium's of Vietnam, from what I read, but the residuals of malaria mimic PTSD for the rest of your life and there's nothing you can do about it. The damage is done and you are screwed, so the VA will give you a PTSD Awatd because you don't transfer that physically to your kids and grandkids like you do Malaria so they are glad to award PTSD and kill the claim when you die. Your offspring still suffer a lifetime of damage but it cost the VA nothing.
The lies and deception abound and probably greater than ever, and just when I thought it was actually getting better, it's getting worse. The government knows for a fact that malaria residuals mimic PTSD almost exactly. They have known this probably more than 30 years but found that awarding PTSD claims saves tons and tons in medical costs and benefits to offspring that's why if you get malaria in the military your kids cant get it from you, but if you get the malaria (Zika) as a civilian, even having sex will spread it. I am continuously amazed at the manipulation and the gullibility of the American soldier. The malaria residuals drive veterans to suicide and the VA knows it, but to admit it would cost billions and of course it all comes down to money.
I need to get on the lecture circuit and make this known.
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RUREADY.
thank you very kindly. I hope Bob actually reads his email, but I doubt that will happen. Part of my claim was marked "incomplete" and that is a death sentence. Thanks again
Victor Ray
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On July 19, 2016 at 3:14 PM, RUREADY said:
Anytime you get either appeals or remands from the CAVC or BVA DONT wait
for your attorney or vso to move the case faster its nothing they can do until you
make Attorneys or VSO file paper work on the VA asking what's wrong or where the claim is at
and then treating too hire another attorney. I had to do all of this plus another email to Bob twice just
because the RO don't follow the remand order. MY medical records suppose to be sent electronic from RO
5 months ago to Director for extra-scheduler now they will be sending in the records only after contacting Bob
now another three weeks. She was friendly the first time I call 5 months ago but now she is MAD AS Hell with me
and I don give a sh** I just want a decision that's all
RUREADY
Would you mind sharing Bob McDonalds email address? My appeal has been sitting in the NWQ (National Work Queue) for weeks and I think it should have been picked up by now! The VA has 100% + 100% (VA math) proof, that I was "boots on ground" in Vietnam, a War Zone, was receiving hazardous duty pay, acquired 100% permanently disabling conditions that are 100% documented and are directly due to my military service. One, or any combination of conditions are the reason for my current disabilities; an untreated or improperly treated tropical disease, improper use of Chloroquine or medications to treat a tropical disease, misdiagnosis, or an instrumentality of war. I was to be medically discharged in 1971, because no treatments could help, and I was sent "Home Awaiting Orders" which is only done when separation from military service is assured.. My condition worsened continuously all the time while on active duty, and I never recovered, even after discharge.
I would like to bring this to Bobs attention and tell him that my claim in 1983 was denied because Agent Orange was not proven to cause any damage or harm to humans.
To this day there is no "known cause or explaination" for the damage and defects I acquired in Vietnam, and it hasn't even been assumed in my case until last year. I was refused treatment all through the 1980s and 90s, and gave up after that. Even at my Agent Orange Registery exam I was prevented (actually told to "STOP") from furnishing supporting documents, and others were completely disregarded from surgeons reports. Another AO exam a year later was denied. I think if Bob knew this he may be interested enough to make a difference, maybe not. He may not really care, but I would like to write him anyway. Thank you
Victor Ray
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On 6/15/2016 at 4:54 PM, EODCMC said:
This whole process is bonkers. My VSO is the VFW. They have helped me by returning one phone call after my leaving several voice mails and e-mails. The lady told me that they have access to my file and if my claim was denied to let them know and they would help me. One end of the pendulum to the other.
It is at least as likely to be denied as it is not. Join Ebenefits if you have not already, and you can sort of keep track of where you are in the process. Go see them regularly, at least every week. Use "Ask IRIS" for questions that the VFW don't answer to your satisfaction, and don't feel bad for bugging them. That is their job. It can be a long, or very long process, and it shouldn't be, the way it is, but for now, its all we have. Good luck.
Victor Ray
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2 hours ago, EODCMC said:
Andyman,
Yep. I'm reluctant to drop them. Who knows what that might do to my claim.
You have the right to drop them if you are not satisfied at any time. Some of them act like they own the office, and are doing you a big favor by answering questions. They get paid to do that, and if they are too lazy to do their job, they should get out, resign, or refer you to someone that will help you. You have to help yourself stay on top of them staying on top of your status. You may get lost in the process so stay in touch with them "often". Good luck.
Victor
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I am not advising anyone to drop their VSO, just because I did. All cases are a little different, and I was lied to in my case, so I had no choice. You can't help someone to put the screws to yourself. Well, you can, but it would be foolish. They just kept me all wound up, in the dark, no communication, and if I did call the VA about something they would get pissy and more or less threaten me with their tone of voice, and I had finally had enough.
If you are having doubts or trouble, I would go to the office and talk directly to them. I did, and told them several times I may change VSOs, and they basically said "go ahead, you have that right". It is not a recommended thing to do if you are close to a decision, or C&P exam, but you have to do what you feel is right. I would bug them like Andyman said.
I bugged them all the time, but the VA a lot more, because my VSO wouldn't tell me anything. I never knew where I stood, or where my claim was, and lost faith when I filed in July and in November the VA said they had received no claim. WTF??? Also I was told to wait for my service treatment records. Well 8 months later I was still waiting, and finally got some of them 26 months later. Over 2 years I would have been waiting, and just now getting them.
I would call every week at least and ask about your claim status, if you need to submit any forms or documents, and if they can give you a clue as to where you are at in the process.
Andyman, I don't know about any fallout, but ask for a VA assistant to be assigned to you. I do, and they are working with me. I am somewhat informed like I should be, but don't have any dates established, but I am not really a mushroom anymore, LOL...
They will assist you, and if you have a claim that is documented you should be fine. When a condition develops because its secondary to something else, is where the VSO can help you, and any of them should help you. Stop in any of their offices and ask anything you want. They all get paid to help you, and "your states veterans commission is just a phone call or email away". Use them, and good luck
Victor
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7 hours ago, Andyman73 said:
Buck,
It took 2 IRIS complaints, but it's done! I got a phone call, asking what exactly I wanted, I said, to revoke the POA I gave to the DAV. Said they haven't helped me, and even blocked me, so I revoked their POA. Lady said let me look, 10 seconds later said yep, I see your request, will be done by EOB today. Next day got an email stating it was done, 2 days ago got the snail mail hard copy of email. Checked ebennies just now, and they are off the list!
Semper Fi
Andyman73.
Good for you. You are now free to search for another VSO, or attorney, or do what you can yourself with the assistance of the VA. Something is strange about the way they handle vets claims, and I would almost bet they all get a cut of your disability in some way or another. We never see the pay out to them, but when VSOs travel to camp grounds looking to sign vets up, or meeting a vet at Applebee's and buying lunch, and other odd stories I have read, **something is unusual** there. It is not because they love their jobs, or love vets and just want to help, because they treat us like crap in some cases, so it's not because of care or love.
Use the IRIS. I must have used it 200 times, and it definitely made a difference, and there are some really helpful people working there, and at the VA also. It is like any business, some people there just don't care, and are only after a paycheck and could care less about helping you. It's an effort to even breath for some of them at the VA, but they have to in order to live, or they wouldn't, but others make you thankful that you got them on the phone.
Good luck to you now that you are free.
Victor
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Buck.
Are you saying you worked your claims yourself, while DAV was your representative?
My DAV rep told me not to be in contact with the VA "at all". "DO NOT TALK TO THEM AGAIN" was the last warning I got, then I caught them lying to me, after several other lies, and dropped them the same day. There is a particular form you fill out and sign, and fax it in-"DONE".
They also told me that "NEHMER" claims do not get any particular treatment. I don't know if that is true or not, but from what I read, they are to be handled "expeditiously", and there are repercussions if they are not.
Anyway, since I no longer have DAV, I have received records, that the VA now has, and I got them myself. Mr. DAV said I had never made any record requests at all for any records, but I have the request in my hands directly from their office. One lie after the other.
Anyway, things are starting to happen now, and I feel that the last 2 years have been a learning experience and not much more than that, so the seminars mentioned are a great idea, but ideally done before a VSO is chosen.
But to be clear, was DAV your representative while you were working your own claims? I am just curious as to why my reps were so adamantly against it, like it was a violation in the worse possible sense. Thanks Buck.
Victor
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On 6/9/2016 at 8:08 AM, SeabeeTJ said:
Ma'am,
The VA operator told me to submit it to them directly because they had my records due to a previously denied claim. I also sent a request to the NPRC I think it is. I received fax confirmations but no one can find the papers I submitted.
Have anyone that handles any paperwork for you, like a vso sending for a record request of any type, initial the request and you write their name down on the back of your copy, or a signature from them is better. They will be more apt to be honest when you have a gun to their head. You can make them be honest, even if they protest.
Never give up you original anything either. One thing I noticed is that they love the US MAIL, and never use the fax machine. The VA wants you to fax everything to the intake centers, but DAV never faxed anything for me. I filed in July and in November I was still not in the system--Go Figure that out. I had to refile and the DAV officer said "it doesn't matter, it will get back dated anyway". Bullxxxx it doesn't matter! It does to me.
I couldn't join Ebenefits or do anything until I was in the system. I sat here the rest of July, August, September October, and about the first week of November I found out there was no claim for me in the system at all! I bet they used the US MAIL as an excuse for it to be missing. Any takers? Their fax machine is sitting right there, waiting, ready, but instead of mailing it in on Wednesday, they mailed it the following Monday, when the VA could have had it Wednesday, and I could have proof they got it.
My advise is get a lawyer or read for 6 or 8 months, making notes and educating yourself, and enter into this knowing you have to prove everything. You did not serve, were never injured or diseased, but if you were it was not while in the military service, but if it was-prove it.Talk to other veterans, but trust no one and challenge everything. Prove it to yourself without a doubt before you file, and get a free consultation from a lawyer too.
Just do everything you can to feel comfortable about going with a VSO if you do use one, but they will barr you from communicating with the VA yourself and you will have to move at their pace.They screwed me around for 2 years that I didn't have to waste, and did all they could to deceive me, but I woke up. I was a nice guy that they lied to, so I would give you 2 cents for all of them as VSOs. Some really nice guys, but this is their livelihood and income, and they don't want you messing with it very much. Good luck to all of you...
Victor
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On 6/9/2016 at 10:11 AM, OldJoe said:
About a "seminar", that would be a very good idea. And something we could do I think.
It wouldn't have to be a "make a reservation type seminar" but an instructional video that walks through what should be done before making a claim, how to make a claim, who you can call, resources, ...
Video would be of great help because from personal experience, diving into a forum can be daunting to the point of overwhelming, because you can hear 5 different things that seem contradictory but all are correct when placed in the right context.
Also, videos lend a human touch to explaining things and body language can be used effectively to express a point, compassion, understanding, ... Something that is hard enough to do through the pod cast and much harder to do through the forums.
Each video shouldn't be more than 15 to 20 minutes long, talk about one topic maybe touch on another topic or two, then refer the viewer to which forums that would be best to answer questions related to what was covered, and that there is no such thing as a dumb question (that's what the VA wants us to believe that they are the source of all knowledge and cannot be refuted).
Mike_S
A seminar is a very good idea, and you are right in doing it your way. VSOs are not much if any different from an insurance salesman. They all lie and tell you they enjoy this job and it is just rewarding and doesn't pay anything, lol. Do insurance people make money or not?. I know several that make way more than I ever did, and I did ok. I would say most are above 100k. The higher the rank, the more they make. At some points they don't have to do anything, because the ;lower ranks are doing all the work and they get a cut of their sales, uughh, disability denial. They want you at 10% as long as they can, and when you reach 100%%, they don't draw that much, so the incentive is to screw the veteran. Believe it or not!
Of course, that surely must have been a dream, and there is no truth in it. They are VSOs because they care, they are patriotic, they just want to help the veterans, and they would do it for free because they don't make anything the way it is, lol. RIGHT! Everyone should use their common sense, and if you feel that you are getting screwed, your VSO acts suspicious and runs you around like he is trying to screw you over, then YOU probably ARE GETTING SCREWED, because he is not a duck! Good Luck.
Victor
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On 6/9/2016 at 8:12 AM, Mike_S said:
A seminar would be a great idea. It took me a year to understand what was needed for a hopefully successful claim and some group training would have sped things up.
I'm glad I did it my way. The DAV had quickly filled out some forms for me in less than an hour and wanted to submit them right away. I hit the pause button to try and understand the process better. Looking back at what they did I would have gotten 10% with all other claims rejected because the forms don't make it easy to show secondary conditions.
I got 100% connecting the dots myself.
VSO's should have classes to help us do it ourselves if we wish.
That is most of what is wrong with the process. I am convinced that the VSOs get a percentage of what they keep you from drawing. The longer they can put you off, the more they make. The more veterans they sign up, the bigger their payout. Exactly like an insurance salesman get a percent of your policy as long as you have it, so it is with the VSOs. No wonder they are eager to sign you up, and fast to slow you down with one step after the other. Kind of like a pyramid scheme, and we are on the bottom.
If you don't believe it, ask them what they make annually. 28K, 35K and so on. Yeah right. 200-500k is more like it.
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Andyman.
I have made numerous requests for my "C" file and many other requests wording it different ways, but they only send what they want, and it is in fragments, and never the whole file, no travel orders, pay records, etc. These were FOIA Requests on the FOIA Forms as well as written letters, even wording it different ways to try and get them all, like "C-File", 201 File, All Medical Records, All Medical Treatment Records, All Military Records, All Military Service Records, All Medical Outpatient Records, All Hospitalization Records, All Inpatient Treatment Records, Entire C-File, and every other way I could Imagine. The VFW and DAV also requested them, and I made a request for help from the OIG Office concerning them.
I have gotten some from Vietnam, none from Japan, and none for the 7 months following my return from Vietnam, then they start a three months before I was discharged.
I wasn't told anything about filing a claim, except that if I did, I would not be discharged until it was settled, and I was literally dying. I was told that I could select to file a claim later, and be discharged, so I did.
A lot of conditions were noted from sick call visits, and I noted on forms that I had ongoing medical conditions, and hearing loss and lung issues documented on Form SF 88.
I assumed I could get good civilian help and get the care I needed because the Army doctors came across as half baked, untrained, uninterested mostly, and medically ignorant. They could never do the right to help my condition I was there for. You give up after a while, and just pray for healing from God because the Army wasn't going to help.
The civilian doctors were not much help either, and when I could only tell them I had a skin disease in Vietnam, they were lost because my abdomen is causing the pain, or heart pains, or eye aches, or migraines, so it had nothing to do with a skin disease. They could only treat the symptom and not much help. They did treat the eczema and other skin conditions with prescribed creams, OTC itch medications, and the sort, diet recommendations, cleansing pads and moisturizing soaps, etc.
I had so many issues that I can not keep track of them all. It is obvious that my file was gone through and documents removed pertaining to proof of exposure. I have a DRO at some point and can only hope they can see that the evidence I "DO HAVE" is sufficient. They document the skin eruptions, the papular rashes around the eyes(chloracne), the swollen arms, legs, ankles, ears, hands(amyloidosis, renal failure), the Liver Disfunction, the welps and wheals, nausea and abdomen cramps that were paralyzing even after discharge and to this day, hearing loss after so many repeated infections, the sensitive painful prostate, urinating blood(renal failure), migraines and "coma". So dang many things that began in the service, but they still denied all the evidence.
that is why it is hard for me to believe any of these employees are veterans, although they all say they are. THE EVIDENCE DON'T MEAN A DANG THING, UNTIL the right person reviews it. Someone that knows what is what, and that is not very often. I do have hope though, but I know I will be cheated regardless. About 5% faith that I will be fully vindicated.
Victor
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8 hours ago, Chuck75 said:
"will soon start to be discounted " That's been going on for some time! The VA, unless forced to do otherwise, has often taken the less favorable opinion (usually from a VA examiner) even when the examiner is marginally qualified, over the favorable one from a fully qualified physician. (I.E. Board certified specialist, etc.) On appeal, the BVA usually catches this. But, it's occasionally necessary to have more than one favorable IME/IMO to counter an unfavorable in house opinion and C&P. One of the "reasons" the VA uses is calling an expert opinion "Speculation". After all, an opinion given decades after a nexus event is less probative than a more contemporary one. It's all in the evidence.
I really get upset when the VA calls of a C&P that is clearly not needed, due to sufficient medical records and test results. At one point, the VA RO was trying to make me take a treadmill stress test, even though the medical records, test results, etc. showed that such a test was extremely hazardous to me, and the VA's own regs and guidelines said that a stress test was not to be given. On appeal, via Nehmer (the VA failed to place my name on the Nehmer list, etc.) the appeal results politely said that the VARO screwed up, and that the existing medical evidence was conclusive without the C&P and stress test. The fact that the VA was trying to force me to drive over a hundred miles over snow covered two lane roads in Georgia to attend the C&P was not even mentioned. There were two other VAMC locations that were closer or easier to get to that had the ability to do the C&P, including the VAMC across the street from the VARO.
Chuck.
I have seen this "Nehmer list" mentioned a couple times, and it sounds like something I missed also. I filed on April 04 1983 and remember Berta mentioning Footnote 1 claims. Is this what you are talking about? I filed before those 1985 dates to those ??? dates, but it is hard to believe the law would allow a veteran to not be compensated on the grounds he filed too early. In brief, what is the Nehmer list? is it the 150,000 that the VA was looking for, and still haven't found 500 or so? Who is suppose to be on that list and how would you know? Sorry about all the questions, :-( Thank you.
Victor
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3 hours ago, Berta said:
Seabee said:
"The VA operator told me to submit it to them directly because they had my records due to a previously denied claim." That makes sense....if the claim was denied not that long ago.
"I also sent a request to the NPRC I think it is. I received fax confirmations but no one can find the papers I submitted ."
I suggest that you go to www.va.gov, click on the Contact Us button ,then on Ask a question button and send them an IRIS inquiry, even an IRIS complaint would be better, and there is a pop down box for IRIS complaints.Tell them what you told us here.
Ask for an email reply because that way you have hard copy of what they say.
If you formally filed the SF 180 with NARA as well (www.archives.gov) they also have a status button I believe at that site.
The VA had my records from a previous claim also, from 1983. All my medical treatment records were gathered together, collecting them from files of 5 different hospitals, from 3 different countries, and 6 different MTFs. The ones I did get were also picked through with about 7 months missing from them. The NPRC told me in 5 or 6 different letters that the VA had them, but the VA denied it. They told me over and over and over, the VA has them. I finally got a few, but they are with holding many too.
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2 hours ago, Berta said:
Seabee said:
"The VA operator told me to submit it to them directly because they had my records due to a previously denied claim." That makes sense....if the claim was denied not that long ago.
"I also sent a request to the NPRC I think it is. I received fax confirmations but no one can find the papers I submitted ."
I suggest that you go to www.va.gov, click on the Contact Us button ,then on Ask a question button and send them an IRIS inquiry, even an IRIS complaint would be better, and there is a pop down box for IRIS complaints.Tell them what you told us here.
Ask for an email reply because that way you have hard copy of what they say.
If you formally filed the SF 180 with NARA as well (www.archives.gov) they also have a status button I believe at that site.
I filed 20 or so SF 180s over 4 years with the VA, OIG, NPRC, MPR. I finally got a few treatment records from Vietnam, none from Japan, none for the 7 month following my return to the USA. I think I have enough to prove beyond a shadow of a doubt that all my issues are directly service related, and actually Agent Orange related too. Presumption is assumed is kind of a joke because you still have to prove exposure, which is impossible.
If a person's "word" was any good, we wouldn't be here, because they could be trusted, but being the people we are, we as humans make everyone doubt us. I had and have every single symptom of chloracne, and they say I was allergic to chloroquine that was given to me, and it all completely documented, but denied, LOL.
Every place I was at had Agent Orange used, and I had a skin disease with all the symptoms of Amyloidosis, and a P3 permanent Profile for all organs and body systems, but it is not good enough. If you do not dot an "i" or cross a "t" properly, you are denied, which does not matter to the raters because they are not accountable to anyone. They rule our pocket book the way they want and are told by those higher up. More denials mean bigger bonuses to me.
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6 hours ago, Andyman73 said:
Victor,
Even if the raters weren't trained, but told to apply the regs to the best of their ability, we'd all be in so much better shape SCD % wise. At least the raters could read the evidence, the examiner's opinion, and the CFR regs, and more often than not, make the right decision. But...that's not the case, they are trained, and told to deny most claims, at least the first time around.
And if that's not the case, then how do you explain why we're even here, on Hadit, in the first place? Much less why Hadit even exists?
As for being kept in the dark, if I didn't know better, Victor, I'd say you have got to be the single oldest living mushroom! All those years being fed bs and kept in the dark! Makes you quite the fun guy!!! But hey, I love mushrooms! Lol!
Semper Fi
Thanks Andyman.
I am sorry I am the oldest, lol, but I am glad to still be living today, and I was 31 when I applied for service connection. I didn't even know you could draw service connected disability and still work. I was never even told about disability, but learned a little here and there over the years, and when I got to seeing things on the news about the symptoms my skin lit up! Finally, I am seeing vets that have the same symptoms, even though most were not hospitalized, they still had most of the same symptoms.
I dealt with disease, infections, and pain for 12 years, but the very day I had an exam, I was pretty clear skinned and not broke out. Chloracne was the only thing being considered, and I knew I had other issues, but not that they were related to Agent Orange. I had swollen skin, arms, legs, blisters, eruptions, hives, rashes, acne (chloracne), but that had nothing to do with the heart, so I thought.
Just a few weeks later I was in the bath tub, with straight cold water, and my wife taking pictures because I was full blown under attack again, even blacking out every 10 seconds to 2 minutes in between. After 15 minutes I was totally coherent, and cleared up within a few hours. That was the second time and next to worse since the week I spent in a "coma".
I still have a terrible time with my skin and if I am outside in the sun for 10 minutes(if I could stand it that long), after a few hours, i will be very nauseated and feverish. I can not tolerate the sun at all, and can't hardly walk, so I just don't go out.
Yes, I am a fossil I know, and have been way to patient and tolerant, but I try to respect people and be nice, but there is a point when you have to get crappy for anyone to listen. When it comes down to money, common sense, honor dignity, fairness all goes out the window, and the liars, swindlers, and cheaters put on the armor and attack the innocent, even though the innocent are right. Righteousness doesn't matter anymore, money does.
Yes, I am a mushroom too and have eaten most of the BS up, and I am so full I could pop, or should I say erupt, lol. I read the regs all the time, but can't remember them, but do remember the point it makes. The first few years after a stroke, I could not remember more than a few seconds, literally, if that long. Research was basically impossible, and I would read the same page 50 times over before it would come to me that I had read it before. A small book would take years to read I guess. That is much better now. The other day I forgot how to make the capitol letter "I", incursive. I could not figure it out. I gave up and found a writing lesson on you tube and was thrilled that they were writing the letter I incursive. I felt good about it.
The raters just can't remember it all either, but I agree with you. it seems they are taught deny or award the smallest percentage the first time and get them out of the system for a bit, and when they come back, they will be at the bottom working their way up again, then they get a little more and keep the cycle going saving millions at the vets expense. Penalty factors instead of bonuses ought to work here, but it will never happen.
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Hadit
in VA Scandals
On 6/7/2016 at 3:49 PM, Buck52 said:Yes the DRO is authorized to make a decision on your claim at a RO DRO Hearing and can expedite the claim ...then all you do is wait for the mail to run and get your packet.
DRO is the last chance to have someone decide your claim, YOU CAN SIT DOWN WITH THEM GIVE THE NEW EVIDENCE AND TALK MAN TO MAN WITH THEM & explain why you feel you should be awarded your claim and you can also state some of the CFR's AS TO WHAT YOUR CLAIM SHOULD BE RATED AT DEPENDS ON YOUR SYMPTOMS AND HOW BAD THEY ARE (Found here on Hadit)... if denied then you NOD & Your headed to the BVA and remands if the BVA can't decide they bicker back and forth from the RO to the BVA and usually when this happens your left waiting and wondering and it could be years before someone finally decides your claim usually VLJ ( VETERANS LAW JUDGE.)
So needless to say its better to do all you can at the RO Level to make a decision on your claim.
With that said even a DRO will want to play musical chairs with you (Depends on the DRO) he/she may ask you to drop a claim to get another one...DON'T DO IT if you have a lelgit claim keep it, WORK IT if denied, then NOD the decision and get yourself more New & Material Evidence and submit it.
Appeals are some times good for the Veteran at the RO Level then if your case goes to the BVA...Then is when its waiting time.
I recommend to veteran when this happens go out and get you an IMO/IME from a qualified Dr/SPECIALIST and render his/her opien. as back up to add to your NOD.
Evidence wins the Claim Always...some don't read it (denied) but you need to make damn sure they do.
Hadit has tons of research about VA Information , if you can't find it just ask someone Ms berta or MsT bird than can let you know how to get it.
Stay on top of your claim and you will find it to help you a lot better than a VSO could .
jmo
.................Buck
Thanks again Buck.
I didn't want a DRO if it could be handled locally, but the DAV here don't have time to explain anything, or won't and ST. Louis won't either. They want you to sign up and then they don't even know you, or anything about your claim.
Then when you get lied to several times, you just want someone with some authority to step in and take over so you don't have to battle every phone conversation along the way.
Does the VA not have a liaison? Someone that can offer advice as to what you should do, before you even go to a VSO? Probably not.
Well, I just got a hold of St. Louis, but have to call back this afternoon. I am going to ask if there is another step before the DRO, because this shouldn't have to go that far to be made right.
I was boots on ground in Vietnam, became diseased in the line of duty, was hospitalized 3 weeks in Vietnam, was ordered to be discharged and med evaced to CONUS, issued a P3 permanent Profile for defects in physical capacity and stamina, also made non deployable anywhere chloroquine must be taken, retained on duty, continued to deteriorate with other diseases developing, acquired several of the presumptive conditions while on active duty, discharged and in a "coma". Continued illnesses with periods of almost normalcy but always having one problem or another with chloracne, migraines, bleeding, eye aches, hives, rash, extremely itchy skin causing insomnia, swallowing issues, lung issues, gastro issues, heart issues, everything. There was always something wrong since I was 19 years old and in Vietnam.
I just don't get the mindset of the VA, accept to load their own pockets while screwing us that have legit claims. I mean, they are the ones that documented it, but we have to prove that they were right? Not wrong but right.
I just hoped to be alive when this is settled, but it taking 45 years to finally get just "some" treatment records almost guarantees death before "Honor" and vindication.
Thanks for the great advice Buck,
Victor
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Hadit
in VA Scandals
On 6/7/2016 at 3:49 PM, Buck52 said:Yes the DRO is authorized to make a decision on your claim at a RO DRO Hearing and can expedite the claim ...then all you do is wait for the mail to run and get your packet.
DRO is the last chance to have someone decide your claim, YOU CAN SIT DOWN WITH THEM GIVE THE NEW EVIDENCE AND TALK MAN TO MAN WITH THEM & explain why you feel you should be awarded your claim and you can also state some of the CFR's AS TO WHAT YOUR CLAIM SHOULD BE RATED AT DEPENDS ON YOUR SYMPTOMS AND HOW BAD THEY ARE (Found here on Hadit)... if denied then you NOD & Your headed to the BVA and remands if the BVA can't decide they bicker back and forth from the RO to the BVA and usually when this happens your left waiting and wondering and it could be years before someone finally decides your claim usually VLJ ( VETERANS LAW JUDGE.)
So needless to say its better to do all you can at the RO Level to make a decision on your claim.
With that said even a DRO will want to play musical chairs with you (Depends on the DRO) he/she may ask you to drop a claim to get another one...DON'T DO IT if you have a lelgit claim keep it, WORK IT if denied, then NOD the decision and get yourself more New & Material Evidence and submit it.
Appeals are some times good for the Veteran at the RO Level then if your case goes to the BVA...Then is when its waiting time.
I recommend to veteran when this happens go out and get you an IMO/IME from a qualified Dr/SPECIALIST and render his/her opien. as back up to add to your NOD.
Evidence wins the Claim Always...some don't read it (denied) but you need to make damn sure they do.
Hadit has tons of research about VA Information , if you can't find it just ask someone Ms berta or MsT bird than can let you know how to get it.
Stay on top of your claim and you will find it to help you a lot better than a VSO could .
jmo
.................Buck
Thanks again Buck.
I didn't want a DRO if it could be handled locally, but the DAV here don't have time to explain anything, or won't and ST. Louis won't either. They want you to sign up and then they don't even know you, or anything about your claim.
Then when you get lied to several times, you just want someone with some authority to step in and take over so you don't have to battle every phone conversation along the way.
Does the VA not have a liaison? Someone that can offer advice as to what you should do, before you even go to a VSO? Probably not.
Well, I just got a hold of St. Louis, but have to call back this afternoon. I am going to ask if there is another step before the DRO, because this shouldn't have to go that far to be made right.
I was boots on ground in Vietnam, became diseased in the line of duty, was hospitalized 3 weeks in Vietnam, was ordered to be discharged and med evaced to CONUS, issued a P3 permanent Profile for defects in physical capacity and stamina, also made non deployable anywhere chloroquine must be taken, retained on duty, continued to deteriorate with other diseases developing, acquired several of the presumptive conditions while on active duty, discharged and in a "coma". Continued illnesses with periods of almost normalcy but always having one problem or another with chloracne, migraines, bleeding, eye aches, hives, rash, extremely itchy skin causing insomnia, swallowing issues, lung issues, gastro issues, heart issues, everything. There was always something wrong since I was 19 years old and in Vietnam.
I just don't get the mindset of the VA, accept to load their own pockets while screwing us that have legit claims. I mean, they are the ones that documented it, but we have to prove that they were right? Not wrong but right.
I just hoped to be alive when this is settled, but it taking 45 years to finally get just "some" treatment records almost guarantees death before "Honor" and vindication.
Thanks for the great advice Buck,
Victor
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13 hours ago, Andyman73 said:
You would think that they would want the Vets to give them good word of mouth advertising, instead of what we do give them.
Yes you would think so, but no one is accountable, so nothing matters. You can't get fired, and it seems the raters are not as educated as we would think. I don't know that there is any knowledge testing at all, because from what I have seen and had happen, they really are ill trained, or are very smart but immune to reprimands. If anything did matter to them, I wouldn't be sitting here writing this. None of us would.
So, we wait, we get screwed, we disagree, we wait more, we die.
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On 6/7/2016 at 2:04 PM, OldJoe said:
Victor Ray, your are like many of us who at least one point in time feel like the buggering bas#$%%^^^&ds went and got a running start before they kicked us to the curb.
You aren't alone...
Just don't let the pessimism cloud you and pull you under like it has many others. When it pulls you under it is very hard for the rest of us to pull you back if we can at all.
I trust and firmly hope you will become a valued font of wisdom in the years to come.
True, the reality of the situation may be bleak and similarly so for many with similar conditions. But remember it is not hopeless.
Get yourself a good stance, it doesn't have to be perfect the rest of us will help hold you up and when possible even take some of your load when we can, no matter what the distance or time of day.
Share your experiences, your battles, whimsical sayings your father and grandfather shared with you, your successes and your failures. We will be here (though time zones do apply).
And remember:
"rage, rage against the dying of the light"
Thanks OldJoe.
I needed that. I needed some lifting up because the VA and its crafty ways is enough to depress anybody. They make it all so hard, and frustrate you and lie to you so much, that many of us just give up. I did after being denied service connection in 1983, and then the VA refused to treat me in the 1980s and 90s. I had my own insurance, but the VA was still covering up. All the way til May 4, 2016. The lies and deaths it is responsible for is disgusting because they are corrupt, still.
I thought that was getting straightened out, but 4 and 1/2 decades later, I am still trying to get service connected for a number of presumptive conditions I developed in Vietnam, and they have the proof. Of course they can say it was not incurred in or aggravated by military service, leaving a recourse of the National Media pleading for representation from a good attorney. Maybe advertise for an accredited attorney.
I know this, that the raters can be held accountable to a degree, and those that gave the orders to hide my treatment records can too.
I go to the doctors back in the 70s because there wasn't a VA hospital close (within 100 miles), and I complain of severe itching skin, whelps and hives and abdomen cramps. They asked how long it has been going on and I say since Vietnam in 1971, then they ask "well, what did they say you had and what caused it?" I had "urticaria" but they don't know what caused it. They would say something like, Well, you probably have a food allergy. It was always something like that.
They didn't know where to really begin, and I couldn't help them much, which is pretty pathetic. My allergy to chloroquine only happened some of the time, but it does cause occlusions, and I am 100% blocked in the left carotid artery, and my calcium score is 1000 or more, with IHD, atherosclerosis, to name just a few.
The sad part is that they knew all this time, and hid it from me, when I could have gotten help to really slow the process. I won't be around years, but I hope to be for a little while anyways. I probably could have been, but being lied to and kept in the dark for 45 years didn't help. 45 years ago today I arrived at Yokota Airbase hospital for more testing. I was headed for a long recovery that never happened.
No, it's not completely hopeless, but it is very very late. Thanks Joe!
Victor
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Hadit
in VA Scandals
7 hours ago, Buck52 said:your welcome victor,
you may need to seek an attorney for all that has happen to you especially with the VA.
You need to keep all copies of your evidence that the VA Never considered or never read if its not on there record as established evidence thats been denied you can still use it so keep all those records you may need them later.
As for as choosing a VSO its hard to find a good one but there are some out there,most of us that have been **** on with most of the so called VSO organizations We work our claims our self and with help from Hadit members.
Just hang in there help is just around the corner some of the better more experienced hadit members will chime in...Ms Berta is one of the best and probably the best in my opinion to have the knowledge about VA Law and to help you understand the claims process the do's and don'ts
It does help if you can post your denials and the reasons & bases of the denials.
those are needed so that we can better understand what you need to do or have to do with your claim.
Just about every Vet s claim is different but the outcome is the same we all want and need to win and get our benefits that are promise to us. Here is a little as to how to choose a VSO..It may or may not be of some help for you but I would recommend you find a well experinced Attorney in VA Law to further help you with your claim.
FINDING A REPRESENTATIVE (VSO)
When visiting various veteran websites, I have come across a common question,
"How do I find a good VSO?"
Well, that is a question that is hard to answer.
There is no set group of questions to interview one to decide if he/she is savvy, committed and TRAINED.
However, after broaching this very question on a few websites, I did get some common-sense suggestions for trying to evaluate if the VSO individually or the organization at your location of choice is going to be of help to you. I will list them here, in no particular order, so that you may study and perhaps find some you can then utilize when beginning this search.If you intend to do a lot of the work yourself with the VSO acting as the go between, then you will need to look for someone who will cooperate.
If you are unable to work any part of your claim and need your VSO to take it from soup to nuts, again you will need to look for someone competent, organized, and willing to take on the entire process. This will be someone who will also need to be willing to take it into the appeal process as necessary.First, BEFORE you start your search for a VSO, decide just how involved you want to be.
The following are suggestions from veterans. They were kind enough to offer their aid as I requested. I thank them. I am leaving their names and the websites out to protect their privacy.
Talk to veterans, especially veterans you trust. Ask them about their experiences with VSO's and/or organizations.Go to a canteen at a VA Medical Center or go to a veteran center and ask if anyone has some names that could be recommended.
Go on veteran websites (See Support Groups in STEP 6) and ask for anyone's experiences with a VSO or organization in a specific area. This would be an avenue where you would receive a frank answer to questions you might have since the member of the website is usually anonymous.
Assess a VSO's characteristics:
When meeting with the VSO, do you feel your meeting is being crammed into a small amount of time with not enough allowed to complete your queries? Or does the VSO have the patience and provides you with the time necessary to explore your concerns.
Is he/she getting sidetracked while talking with you or does the VSO give you his undivided attention?
Does the VSO exhibit confidence?
Does he/she seem genuinely interested in your claim(s)?
If you phone the VSO, is your call returned within a reasonable amount of time?
Does he/she show competence in the performance of the job?
How do you feel working with this person---comfortable, intimidated, encouraged, patronized? Depending on your response you need to decide if you want to continue with this VSO.Another possibility is to go in to a VSO office just before it closes. Even if they don't have the time then to discuss your situation, setting up an appointment for another mutually agreed time could offer insight into the office. How are you treated, courteous with interest in helping you or in a hurry to just move you out the door?
Sometimes you have no real choice in the matter. Remember, though, you may have signed a Power of Attorney (POA) with that VSO or organization but you can always rescind it and take the claim process over yourself or designate another VSO somewhere else to handle your claim by signing a new POA.
Finally, if your VSO fails to give you the guidance you need, not to mention time to converse, respect and courteous service you deserve, then keep in mind there are other VSO's out there. Do not worry about hurt feelings on the VSO's part. They are there to help you! If they fail to do that, then you need to transfer to someone who can help.
Remember also the VSO's Are not authorized to rep you if you take your claim to the BVA
Hopefully, this information will help a little. As I said at the beginning there is no set group of questions or actions that can guarantee a good VSO. There are a lot of variables in this complex area.
I wish you the best in your journey.................Buck
Thanks Buck.Great advice, but is a Decision Review Officer different than the BVA? It is isn't it! Isn't it the step before the BVA, which is the last or almost last step? The DRO has the authority to reverse or award any other disabilities that a veteran is entitled to, im my understanding. Isn't that true?
DAV got me so screwed up, I don't know if I am coming or going. I went to them to file a notice of disagreement, so what did they do? Well, they made 5 more requests for records naming each one separately. They don't sign, initial or date anything hardly. I don't know what they have done, and St. Louis won't answer their phone to the VA. I have to look for some things. I have a thousand pages to look through, to figure out where I am, or what they have done.
Thanks Buck. Sorry to Rush off, Be back later.
Victor
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Hadit
in VA Scandals
Joe,
I think you are absolutely right. I bought a $200 Apple router, which made no difference. Also Safari sucks in my opinion, but I am on another pc right now, and not having trouble. I did last night though, but good today.
Thanks for your help Joe. it's much appreciated!
Victor
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Hadit
in VA Scandals
20 minutes ago, Berta said:I agree Buck, that this vet needs to find a good VSO and a lawyer if they are set for the BVA.
Without being able to read the last decisions from VA, we really don't know what to advise here.
Victor, you listed multiple symptoms and multiple diagnoses.
A vet rep will be able to determine what you should appeal and what other disabilities you could claim.
Those that might be from AO would be on the AO Presumptive list here available under a search, like the Amyloidosis.
The rep will want to see your inservice STRs as well as their last denials.
You can tell a lot from a one to one meeting with a vet rep.
Buck is right. He gave some good advise.
Berta.
The decision says "Your current benefit payment will continue unchanged."30% for PTSD remains the same because the evidence does not show an increase in severity.
"Bilateral hearing loss to include ear aches" is service connected at 0%. So I do qualify for hearing aids, and Army documents show the hearing loss in 1972, but they never gave me more testing, as the examiner recommended.
"CAD to include palpitations and chest pains". My ignorant cardiologist says I can play football, hike mountains, jog, play tennis. That shows that he knows absolutely nothing about me, and can't in in a few 3 minute visits. My calcium score was 958 over two years ago,(400 is bad). the good news is I will not survive the "hard cardiac event", so hopefully it will be quick.
"Hypertension, previously claimed as high blood pressure". "The claim for service connection for hypertension is considered reopened, however, the evidence continues to show this condition was not incurred in or aggravated by military service." I suffered months with severe migraine headaches, and about 7 months of medical records have gone missing. They were removed from my file to prevent this being proved.
Listen please, my records from 5 different hospitals, 6 different locations, in 3 different countries were all missing. Over the years, I have gotten some of them, but the ones least likely to disappear, are the ones missing. I have some from 3 hospitals in Vietnam, but not Huntsville Alabama, where I had the last medical board, right here in the USA. It is no accident that they are missing.
"History of fractured coccyx". "Considered reopened"but not incurred in service. I took a good fall injuring my right knee and breaking my tailbone in basic training. I did not know it was broken, but made several sick call visits for both the knee and tailbone, just after basic because of pain. it's documented.
"Bronchitis/Pneumonia" considered reopened, not incurred or aggravated in service.
"hyperlipidemia" conginital defect and unrelated and not subject to service connection.
"Loss of hair" "Considered reopened". After Vietnam I would lose round spots of hair, big as a silver dollar. I sent the documentation in where I was treated for it, when the last treatment was about 4 or 5 years old.
"Individual Unemployability" DENIED because the claimant has not been found unable to secure or follow a substantially gainful occupation as a result of service connected disabilities. I had a stroke, and am 100% blocked in the left carotid artery, and 100% disabled by Social Security Disability Income, and They have the proof.
It's just been one joke after the other, one lie after the other at St. Louis. They just got caught getting ready to shred 157 or so documents that would have affected many families. The VA Hospital there just promoted a Dr. Nelson and sent her/him to their home country after being responsible for exposing 1800 patients to HIV. You know the story. Free gov. housing, $160,000.00 salary (average annual income only $2500), 60+ times the average income. I filed a notice of disagreement, and ask for a DRO.
Victor
Hadit
in VA Scandals
Posted
Well Buck, over three months have passed, and I am still sitting in the NWQ, but my claim is pushed back until April of next year, 2017. I have sent in any new evidence, so there is nothing they haven't seen now. They did find a 13 x 5mm hypodensity and probably had another TIA. My BPwas 227/110 for hours before they could get it down.
They moved my completion date from Aug 15 to Aug 30. Then on the 29th they made a decision so for a day I was "pending decision approval" for one day. That next day it was pushed back to Dec 12 to Match 8 2017. Today, Sep 14, they pushed it back to Dec 24 2016 to April 4 2017. I don't have the luxury of waiting years. I may only have months as it is, so they are waiting me out. April of Ned's year? That will be a year in the NWQ. How is this not corruption?
I have proof of URI's after Vietnam, prostate pain and sensitivity, lung spots and now opacities, the brain thing, malignant and benign cancers, hypertension, degenerative bone and disk disease, CAD, total carotid artery occlusion, stroke, 24 intentional tumors that are not familial (did the testing), blood disease with coagulation problems, and bleeding issues, a fatty liver, and this stuff is documented as beginning in Vietnam, in the "LD", 28 days in the hospital for an unknown cause of a skin disease. I was issued a permanent profile for these conditions, still have them, proof of service in Vietnam, but the VA denies me still. I was sent "HOME AWAITING ORDERS", and was to be medically retired because of time in the service, but the VA screwed me over, and continue to, to this day. I don't have time for a law suite or BVA and they know it.
the VA has shown its filthy disgusting ways, and am going to let me die before a resolution, just like it likes to do, and DAV approves it's actions, and even helps in the death of these vets. Dirty DAV.