surayabay

The deck is stacked against us, buddy! At some point all you can do is hire a private attorney who specializes in VA law and let them fight the VA! Especially for cases where you have 'no military medical records' to show 'service connection' because 1. it was frowned upon to report for sick-call as a paratrooper, even if you were injured, as the culture and practice of the time dictated, and 2. The medical conditions did some have now did not surface until 30-40 years after active duty, not uncommon at all for paratrooper disability claims! Even with my private Doctors IMO, which says my current conditions are 'more likely than not' to have been caused by my military activity as a paratrooper with over 25 jumps, over a two year + period while on active duty! Resulting in spinal stenosis, degenerative disk decease, arthritis in shoulders, hips, knees, (need both knees and shoulders replaced now) ankles, feet and neuropathy in both feet and hands, (BTW, those are all the recommended contact points of a PLF , (Parachute Landing Fall!) Hot, faster than usual landings, hard landings, uneven terrain, rocky surfaces, high winds etc., all contribute. The VA never even mentioned my IMO, or any reason in my denial for why it was denied and ignored! The VA's own pain studies and paratrooper injury studies, exceptions and criteria for special proof for paratrooper jump injuries they say the will accept and is spelled out for just such cases, but they don't not follow them! And no uniform, consistent method for treating such issues in the same or similar class and cause for such injuries! So WTF can you do when they pull that crap? I hate to air my issues here but I hope it highlights were not the only ones! Too many of the guys have similar experiences with the VA! I hope something changes before we die, or they thank us for our service, AGAIN! ATTW! Good luck with your claim buddy! Yep, I about ('Hadit') with the VA too!

Berta, I read it here. I know it's a pain to get through but it's all in here! Unless I'm not reading it right or it's changed? Take a look, let me know what you think! Basically I read this as saying, the veteran has the right to request an independent medical review of their claim by someone other than an employee of the VA, expert in VA law and further the VA 'SHALL' give the 'veteran' / 'claimant' the benefit of the doubt in deciding disability claims and 'service connection'! Let me know! Thanks again, good luck with your claim Brother! 38 U.S. Code § 5109 - Independent medical opinions US Code Notes Authorities (CFR) prev | next (a) When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case being considered by the Department, the Secretary may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department. (b) The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution. (c) The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimant’s case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary. (d) (1) The Board of Veterans’ Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion. (2) The Board’s remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion. (Added Pub. L. 100–687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3009; renumbered § 5109, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 115–55, § 2(j), Aug. 23, 2017, 131 Stat. 1109.) 24688 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Proposed Rules of this chapter for procedures governing the submission by a beneficiary or his or her fiduciary of oral or written information or statements. (2) The adverse action results from the beneficiary’s or fiduciary’s failure to return an eligibility verification report as required by § 3.277 of this chapter. (3) VA receives credible evidence indicating that a beneficiary has died. However, VA is not required to send a notice of discontinuance of benefits (contemporaneous or otherwise) if VA receives: (i) A death certificate; (ii) A terminal hospital report verifying the death of a beneficiary; (iii) A claim for VA burial benefits; (iv) An ‘‘Application for United States Flag for Burial Purposes’’; or (v) A ‘‘Record of Interment’’ from the National Cemetery Administration. (4) The adverse action results from a beneficiary’s written and signed statement renouncing VA benefits (see § 3.106 of this chapter on renouncement). (5) The adverse action results from a veteran’s written and signed statement that he or she has returned to active service. The statement must include each of the following: (i) The branch of service; (ii) The date of reentry into service; (iii) The veteran’s acknowledgement that receipt of active military service pay precludes receipt at the same time of VA disability compensation or pension. See § 3.654 of this chapter regarding active service pay. (6) The adverse action results from a garnishment order issued under 42 U.S.C. 659(a), allowing the U.S. to consent to garnishment or withholding of pay for members of the Armed Forces and, in certain circumstances, disability compensation, to enforce child support and alimony obligations. See 42 U.S.C. 659(h)(1)(A)(ii)(V) for the limited circumstance of garnishing certain disability pay. (Authority: 38 U.S.C. 501, 5104) § 5.84 Restoration of benefits following adverse action. (a) If VA reduces or discontinues benefits, or takes other action adverse to a beneficiary, based upon information or an oral statement provided by the beneficiary or fiduciary, VA will retroactively restore such benefits if the beneficiary or fiduciary asserts no more than 30 days after the date of the VA notice of adverse action either of the following: (1) The information or statement is inaccurate. (2) The information or statement was not provided by the beneficiary or his or her fiduciary. (b) Restoration of benefits under this section does not preclude VA from later taking action that adversely affects the beneficiary’s receipt of benefits based on the information or oral statements referred to in paragraph (a) of this section. (Authority: 38 U.S.C. 501, 5104) Duties of VA § 5.90 [Reserved] § 5.91 Medical evidence for disability claims. (a) Medical evidence rendering VA examination unnecessary. If they are adequate for purposes of adjudicating a claim, VA may rely on hospital or examination reports from a government or private facility, or reports from private physicians. When such reports are of record, VA does not need to provide a VA examination or period of hospital observation. (b) Rating injuries and conditions obviously incurred in service. VA may assign an evaluation for combat injuries or other conditions that obviously were incurred in service as soon as sufficient evidence to rate the severity of the condition is available, even if VA has not yet received the claimant’s enlistment examination and other service records. (Authority: 38 U.S.C. 1154, 5103A, 5125) § 5.92 Independent medical opinions. (a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who are not employees of VA. Opinions shall be obtained from recognized medical schools, universities, clinics or medical institutions with which arrangements for such opinions have been made, and an appropriate official of the institution shall select the individual expert(s) to render an opinion. (b) Requests. A request for an independent medical opinion in conjunction with a claim pending at the regional office level may be initiated by the office having jurisdiction over the claim, by the claimant, or by his or her representative. The request must be submitted in writing and must set forth in detail the reasons why the opinion is necessary. All such requests shall be submitted through the Veterans Service Center Manager of the office having jurisdiction over the claim, and those requests which in the judgment of the Veterans Service Center Manager merit consideration shall be referred to the Compensation and Pension Service for approval. (c) Approval. Approval shall be granted only upon a determination by the Compensation and Pension Service that the issue under consideration poses a medical problem of such obscurity or complexity, or has generated such controversy in the medical community at large, as to justify solicitation of an independent medical opinion. When approval has been granted, the Compensation and Pension Service shall obtain the opinion. A determination that an independent medical opinion is not warranted may be contested only as part of an appeal on the merits of the decision rendered on the primary issue by the agency of original jurisdiction. (d) Notification. The Compensation and Pension Service shall notify the claimant when the request for an independent medical opinion has been approved with regard to his or her claim and shall furnish the claimant with a copy of the opinion when it is received. If, in the judgment of the Secretary, disclosure of the independent medical opinion would be harmful to the physical or mental health of the claimant, disclosure shall be subject to the special procedures set forth in § 1.577 of this chapter. (Authority: 5 U.S.C. 552a(f)(3); 38 U.S.C. 5109, 5701(b)(1)) § 5.93 Service records which are lost, destroyed, or otherwise unavailable. (a) Records in the custody of the Department of Defense. When records that are potentially relevant to a claim for benefits and that were in the custody of the Department of Defense have been lost or destroyed, or otherwise have become unavailable, VA will not deny the claim without attempting to obtain potentially relevant alternative evidence. (Examples of sources of alternative evidence are listed in paragraph (c) of this section). (b) Destruction due to fire at the National Personnel Records Center. On July 12, 1973, there was a fire at the National Archives and Records Administration’s National Personnel Records Center (NPRC). When the NPRC reports that it does not have the claimant’s records because they were destroyed by this fire, VA will not deny the claim without attempting to obtain potentially relevant alternative evidence. (Examples of sources of alternative evidence are listed in paragraph (c) of this section). The following are the two main groups of records destroyed by the NPRC fire: (1) Army. Records for certain Army veterans who served between November VerDate jul2003 16:26 May 09, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\10MYP2.SGM 10MYP2 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Proposed Rules 24689 1, 1912, and January 1, 1960. Records of Army retirees who were alive on July 12, 1973, were not destroyed by the fire because they were stored at a different location. (2) Air Force. Records for certain Air Force veterans with surnames ‘‘Hubbard’’ through Z who were discharged between September 25, 1947 and January 1, 1964, and had no retired or Reserve status. (c) Alternative evidence development. Depending on the facts of the case, sources of potentially relevant alternative evidence for records described in paragraphs (a) or (b) of this section include the following: (1) A claimant’s personal copies of discharge papers, service medical records, or other evidence of military service; (2) State Adjutant Generals’ offices or State historical commissions; (3) The Office of Personnel Management (if the veteran was employed by a Federal or State agency), a private employer, or the Railroad Retirement Board (if the veteran was employed by a railroad); (4) The Social Security Administration; (5) VA or military files or records relating to an earlier claim filed with VA; (6) Service medical personnel or people who knew the veteran during his or her service; (7) State or local accident and police reports from the time and place the veteran served; (8) Employment physical examinations or insurance examinations; (9) Hospitals, clinics, or private physicians who treated a veteran, especially soon after separation, or pharmacies that filled prescriptions; (10) Letters written during service or photographs taken during service. (Authority: 38 U.S.C. 501)

Berta, buddy, it's way beyond 'gripping' to the powers that be! They all know what's going on! I hope the new guy can make some meaningful changes, but I do not hold much confidence, the deck is stacked against him! I think 'my' only option now is hiring a private attorney who specializes in VA law! A sad way to have to go but not many choices left! The guys who were in combat deserve a lot better that this! AATW! Thanks!

Thanks for the info! It's an open secret, we all know it, the VA knows it, Congress knows and you better believe the veterans know it! The VA is a bureaucratic nightmare, it consumes itself and veterans, those they are charged to help! The WW II guys got it right before the VA was even established, it's "FUBAR!" Inconsistent, wrong decisions, rules, regulations and CFR's are not followed uniformly, fairly or reasonably, no veteran level case claim accountability, no case specialists, things that could be resolved with a phone call aren't allowed, veterans are told, it has to go through 'OFFICIAL' VA channels, that don't work and there's no end in sight! It works for some with the same issues and doesn't for others with the same issues, facts, proof and evidence! Who can navigate a system designed to work like that? It's a disgrace, insulting, disingenuous, outrageous! Outsourced contract medical providers don't send their medical reports to the VA because (HE WENT ON VACATION) I tracked him down myself at his private practice because he was only working for the VA part-time! (which is why some take the VA job to begin with, 'vaca' money!), 'Oops, sorry, I went on vacation and forgot to send the VA my medical report on you!" Seriously? Hope you had a great 'vaca' Doc! The VA then claims you never made your appointment and denies your claim, that's after they have sent you a travel check,' TWICE', for the same appointment , the same appointment they say you did not show up for? Then they told me to just keep both checks? WHAT??? 2-3 months go by until it's resolved! WTF??? Or they VA says their working on 'IT' problems, and never received the official emails from their medical provider about your claim and the medical provider, (QTC Medical) says the same thing about the VA? (for four months this has been going on?) while your claim is on hold! See what I mean!? How does anyone deal with that? Who would tolerate that kind of incompetence in the business world or in military service! But veterans are expected too! The VA needs to be shut-down, reorganized, revamped and streamlined with simple, clear, fair procedures and veteran level case accountability. From top to bottom made to work the way it was intended, 'fairly, consistently and in a timely, professional manner' for all veterans! That's one old soldiers opinion, I don't think I'm alone or being unreasonable! And please stop with phony public relations mantra 'their all instructed to say', "Thank you for your service" , you don't mean it, it's insulting to veterans coming from you, and you haven't earned that right in the first place, 'WE DID!'

What is required to get a Congressional Hearing and a Special Prosecutor to investigate the incompetence, hubris, waste of time, money, resources and accountability of the VA to veterans?

Doe's any one know if there any 'Airborne Veteran Groups' or 'any' Veteran Groups that specialize in denied VA claims for 'older paratroopers' who have no 'military' medical records to show a 'service connection' for current medical issues and conditions because they did not surface and manifest until much later in life, as the culture and practice 40-50 years ago was to discourage and frown on troops going on 'sick-call' for jump related injuries, 'walk-it-off', take two salt tablets and soldier on, 'Airborne"! So 'no' military medical records 'ever existed' in the first place! But civilian medical proof does exist, 'Letter of Medical Opinion', 'VA studies on pain and known paratrooper injuries', the VA's own rules for such cases that they say they will accept for 'those very types of claims', but ignore, devalue or just deny altogether!? All VA certified VSO's 'SHOULD' be trained in such cases, but their not! We're left to find private certified VA attorney's to fight our appeal with the VA and wind up paying for them ourselves because the VA can't or won't follow their own rules, regulations, CFR's or apply rulings uniformly, fairly or consistently from one VA office to the next! I've asked for an independent reviewer who is a qualified 'non-VA,' arbitrator, that I've read I'm entitled too, to review and submit a finding for my case! We'll see? You can't fight the VA by yourself, the system is designed for you to fail! Anyone have advice! AATW! I've about 'hadit' too! Like my buddy said about his time in Nam! The squad leader told us, men, there are no reinforcements, no one's coming for us, we're it, we're on our own!" "Take two salt tablets, fill your canteens and lock and load..... and I'm alone, on point, move out!"

Doe's any one know if there any 'Airborne Veteran Groups' or 'any' Veteran Groups that specialize in denied VA claims for 'older paratroopers' who have no 'military' medical records to show a 'service connection' for current medical issues and conditions because they did not surface and manifest until much later in life, as the culture and practice 40-50 years ago was to discourage and frown on troops going on 'sick-call' for jump related injuries, 'walk-it-off', take two salt tablets and soldier on, 'Airborne"! So 'no' military medical records 'ever existed' in the first place! But civilian medical proof does exist, 'Letter of Medical Opinion', 'VA studies on pain and known paratrooper injuries' , the VA's own rules for such cases that they say they will accept for 'those very types of claims', but ignore, devalue or just deny altogether!? All VA certified VSO's 'SHOULD' be trained in such cases, but their not! We're left to find private certified VA attorney's to fight our appeal with the VA and wind up paying for them ourselves because the VA can't or won't follow their own rules, regulations, CFR's or apply rulings uniformly, fairly or consistently from one VA office to the next! I've asked for an independent reviewer who is a qualified 'non-VA,' arbitrator, that I've read I'm entitled too, to review and submit a finding for my case! We'll see? You can't fight the VA by yourself, the system is designed for you to fail! Anyone have advice! AATW! I've about 'hadit' too! Like my buddy said about his time in Nam! The squad leader told us, men, there are no reinforcements, no one's coming for us, we're it, we're on our own!" "Take two salt tablets, fill your canteens and lock and load..... and I'm alone, on point, move out!"