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RBrogen
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Posts posted by RBrogen
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1 minute ago, broncovet said:
Exactly. I applied in 2002, when I was desperate and about to be homeless. VA made sure they delayed my benefits long enough to lose my home. Like you, that strengthened my resolve. And I kept going like an energizer bunny and now I have 100 percent plus SMC S...along with most of the backpay.
It was a long fight, but the victory is sweeter with each year that passes in a tough victory.
I hear you brother ... I'm so glad you got yours! If you could sign and share that petition around that would be awesome!
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20 minutes ago, broncovet said:
Oh, yes. Its an "automatic" conflict of interest, to have "your opponent" at law control YOUR evidence. The VA "gets away with this madness" because they have convinced that a lie is the truth: You know, the one where the VA system is a Veteran friendly system, where the VA wants to give all benefits due to the Veteran and assist him with same. The one about the "benefit of the doubt" goes to the Veteran crapola.
If this was a claimant friendly system, then why does VA have 500-600 lawyers (their estimate), who's only job is to oppose Veterans appeals? Why are half of those lawyers not available to represent the Veterans interests, not the VA?
The news reported, a number of years ago, that The Chief Justice of the Supreme Court, Roberts, was "startled" to hear that the VA takes a position against the Veteran that is "unsubstantiated" about 80-90 percent of the time.
Get what that means. It means that VA lawyers "take a position" against a Vet appealing his benefits that is, shall I use the term "bogus"? (instead of "unsubstantiated"?).
Its the reason that EAJA pays the Veterans legal fees (at the CAVC level) almost every time the Veteran wins. Many lawyers will accept Veteran claimants "just for EAJA fees" knowing, VA will launch bogus BS against the VET. The question is "why".
Well, I know the answer. Short answer. Because the VA CAN. The VA opposes the Veteran because they hope the Veteran will give up, or die, or maybe the attorney will miss a critical deadline, such as a one of many mandatory deadlines the Veteran and his representative have to deal with. Veterans sometimes even withdraw their appeals, often because the VA lets or even makes us think that continuing the appeal will delay other claim issues. And they are right, many Veterans become to weak to fight the VA, die, or a mistake is made somewhere along the line which costs the Veteran his claim.
I hear you brother ... I for one, am at my wits end and the only way to address this after being forced to danced the dance with the VA alone. I tried multipe VSO etc etc only to be told a month or more later that they hadn't even filed the claim which f'd up my potential effective date and when you are talking 4k+/mo that adds up quick. I decided to learn the process and take it myself and a few months later went from 1 condition rated 20% to 23 conditions rated - 100% P&T without the help from a single VA resource. I used resources like HadIt.com and militarydisabilitiesmadeeasy.com before they began to charge. The militarydisabilitiesmadeeasy.com site was probably the most informative and helpful when it came to just looking at 38 CFR, how and why things are rated the way they are. It was a super easy to follow layout and helped me navigate my various conditions and educate me on what to look for in my C&P reports. For instance, I didn't even know I could file a claim for scars and was obviously never told about it from the VA or any of the doctors doing C&Ps. Things like that add up to I would guess the majority of veterans not be fully rated for all of the potential conditions they qualify for.
So, I am now a dog with my bone and I will not stop until I get legislation on the books that mandates that the C&P reports go out with the decision letter. I really want as many signatures as possible on the petition so when I do meet with my senators that I will have that as additional supporting evidence.
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Hey BroncoVet,
Thanks for the insight and I haven't had any issues with the ones I received in 2018-2019. My point is that if the exam results are not made avaialable to the veteran once the decision letter is generated, they are seriously impeding the ability for the veteran to have a proper appeal. As you know, without this information you have absolutely no idea as to what the C&P doc said, rated your severity as nor any other issues they may have documneted/opined on that could potentially assist you in getting a proper rating. This is in direct violation of the VA's mandate of duty to assist.
Bottom line is it should not matter where the C&P originated from, once the raters have the data in order to make a rating decision, that same data must me made available to the veteran so they can make an assessment on their appeal options within the time required. The process should automatically include a copy of the report going to the veteran no matter if it is VBA or QTC.
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On 1/11/2023 at 1:50 AM, Mr cue said:
They way they explain it was the VA hospital had to treat service connect condition. Income doesn't apply.
Non service condition fall under that income stuff.
I think this was how the advocate explain it.
Yes this was/is my understanding as well ... for over 20 years I was at 20% for my low back and they would only treat me for that.
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Congrats! I've been waiting since July 2020 for a my hearing to be scheduled.
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Definitely need more signatures!!!
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3 hours ago, broncovet said:
Yes, BRogan. Send your Vet to his VAMC "release of information office", with his ID, of course, and the date of the exam. Ask for that specific exam.
I have done this multiple times, but not recently, and it always worked.
You may be able to go in his behalf, "if" you have a written POA. (Especially if he is elderly, and you choose to help him this way). Or, just go with him.
I never ceased to be amazed at how much you can accomplish "by simply asking" the right person. And, the VAMC "release of information" office's job is to provide Veterans their medical records. This is what you want.
Dont do a FOIA or the other stuff until you have tried this first. As I said, its simple, easy, and fast.
If he does not know where that office is, in his hospital, simply ask someone. At my VAMC there is a "volunteer office" where volunteers help Vets, among other things, find things in the hospital.
"Ask" and ye shall receive. At the VA its "Ask the right person". Sometimes its hard to find out who that is, but this time, it should be easy peasey.
Think about it. You get an EKG at VA. So the VA needs to send you outside for cardiologist. That cardiologist may well want to see EKG's on you, and especially your EKG history, to tell if your EKG is normal "For YOU", but maybe not normal for everyone else. (people are different, as are their medical needs).
They need those records, and need them now!!!!
It could be life threatening. The cardiologist may well need the medical information in your file to make informed decisions about your treatment.
The VAMC needs to have this information available, and not in 8 months, either.
VA's often dont have every service available at every VAMC. They may or may not be able to do heart surgery, (mine does not).
And, you need to be able to go in and get your medical records, pronto. Or, perhaps, release those records electronically or otherwise, to a doctor of your choosing.
Every hospital needs to have an office which manages medical records, and this includes VA.
You have a right to your medical records, and this does not mean in 14 months.
Remember, VBA (Veterans benefits Administration) and VAMC (Veterans medical) are different departments. They cooperate, (supposedly) but the medical, in my opinion, can get your records much much faster.
My 75 y/o vet friend is going to go to the VMAC with release form in hand to see if that will work. According to this page on va.gov you should be able to: https://www.va.gov/boston-health-care/medical-records-office/
I'll keep you posted and thanks for the advice Bronco!
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2 hours ago, El Train said:
I mean, why not send the C&P exam results with the decision letter? They've reviewed the exam that led them to their decision, so they have it. The clock starts ticking when the packet has been received via priority mail (the Veteran signed for it). I've had decision packets not show up. It happens. Problem solved.
Exactly! However, it doesn't benefit the VA to have informed, prepared veterans.
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On 12/6/2022 at 10:14 AM, Tbird said:
If you are inclined to volunteer, let me know if any of this looks interesting or if you have something in mind. If you can, great if you can't, no hard feelings.
Do you have time to fill any volunteer needs?
- Content Creator - You need ideas and knowledge to share and a spark of creativity. On top of that, you need to enjoy learning and have the patience and fortitude to keep going.
- Yes, other skills can help. If you plan on producing written content, then being a great writer helps. If you are putting out a podcast, the audio editing experience is advantageous. But, production skills can be learned or hired out.
- Truly, anyone with content to share and a willingness to learn along the way can become a successful content creator.
- Some Items You Will Create (We will show you how to find content and provide the tools you will need)
- Newsletters - We will show you how to gather stories and how to create the newsletter and send it out
- Blog Content - Either by yourself or with a research and graphics person, create new content for the hadit.com site
- Podcasts We have content ideas, but we will need support
- YouTube Videos We have content ideas, but we will need support
- Social Media Post content to Social Media we will show you how to find content to post and how to create a graphic to go with the post, hashtags, and mentions. We will provide any tools you need and don't have.
- Community Content - Reading the community boards, topics will start to pop out at you that seem to be repeated. Take the initiative and write that post.
- Copywriter - We have many posts already. But they need to be proofread and rewritten for clarity. Reference update, Check that the links work. Tweak the SEO and then send it to Social Media
- Social Media Management Popular questions from the community, Posts from the blog. Items in the news related to veterans’ disabilities, compensation, benefits, etc.
- Research
- And any other skill or item you have you think would be useful and have time to help out.
Hey T,
I've just got back on after being off for quite a while getting life things sorted out. I'm a former Chief Technology Officer with decades of programming and technology experience. I know own my own professional photography studio but would like to help out if I can find something that I would be able to do and fit into my schedule. Let me know if you are still looking/need/want assistance.
Best,
Randy -
21 hours ago, Mr cue said:
I agree with that we need to start a petition on hadit about these contractor exams and not been able to get the results.
I would be the first to sign
Here's the petition that I created on change.org to start. Be sure to sign and share.
Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal.
Change.Org Petition: https://chng.it/bDh8TstdFk
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Here's a link to a petition that will be used in conjuntion with meetings with congressional leaders to show support for a law to require that the VA automatically provide veterans with the C&P results in a timely manner so that veterans can properly assess their options for appeal.
Be sure to sign and share!!!
Change.Org Petition: https://chng.it/bDh8TstdFk
- blahsaysme2u and Vync
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As an FYI - when I submitted my FOIA, they denie my claim incorrectly using FOIA Exemption 6 which protects from the release of sensitive information. Unfortunatetly for them, I found the actual law on the DOJ website and promptly informed them that the part of the law they "left out" on my denial letter plainly stats that they could not invoke Exemption 6 for any information requested by the person in when the information pertained (e.g. me requesting my own information).
Treating Requesters Alike
A more subtle yet highly significant aspect of the Court's opinion in Reporters Committee is its pronouncement that a FOIA requester's identity can have "no bearing on the merits of his or her FOIA request." 109 S. Ct. at 1480. In so declaring, the Court made it unmistakably clear, once and for all, that agencies should treat all requesters alike in making FOIA disclosure decisions. The only exception to this, as the Court specifically noted, is that of course an agency should not withhold from a requester any information that implicates that requester's own interest only; making a disclosure to a "first-party" requester in such a circumstance "is consistent with . . . denying access to all other members of the general public." Id. Put more colloquially, an agency will not invoke an exemption to protect a requester from himself.
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30 minutes ago, Mr cue said:
Smh so if they don't respond we got sue in federal court. Lol.
To get a copy of s medical record. From the VA .
I don think this is veteran friendly system anymore.
They got workman comp and ssi doctors doing comp exams. Now.
Yea things have really change
Yeah basically the local district court is a last resort ... I had gotten to that point with mine in 2019 but then found the FOIA Public Relations director and got my entire c-file in 1 week.
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Just now, shrekthetank1 said:
This is funny as hell! Below is when they closed my claim.
We closed your claim on December 12, 2022
We finished reviewing your claim and a decision has been made. You can find your decision letter in the claim letters page.
A decision packet will also be mailed to you. Typically, decision notices are received within 10 days, but this is dependent upon U.S. Postal Service timeframes.
That's because internally, VA raters have a quota and a time clock and thye needed to get stuff finished by end of year for thier reviews for promo and salary
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2 minutes ago, shrekthetank1 said:
Claim type
Freedom of Information Act / Privacy Act RequestWhat you’ve claimed
Not AvailableDate received
July 25, 2022Your representative for VA claims
VETERANS OF FOREIGN WARS OF THE USHere is information about VA Requird FOIA RESPONSE TIMES:
V. Response Times
All federal agencies are required to respond to a FOIA request within twenty
business days, excluding Saturdays, Sundays, and legal holidays. This time
period does not begin until a perfected request (information requested is
clearly stated, request is signed, and there are no pending fee issues) is
actually received by the FOIA office that maintains the records sought. An
agency is not required to send out the releasable documents by the last
business day; it can send you a letter informing you of its decision and then
send you the documents within a reasonable time afterward. Some offices
within VA, such as our Administration Headquarters receive thousands of
requests each year. Many of these requests require a line-by-line review of
hundreds or even thousands of pages of documents. Although VA makes
every effort to respond to FOIA requests as quickly as possible, in some
cases it simply cannot do so within the specified time period. This may be
due either to the size of the request or to the fact that the center has a
backlog of previously received requests that are waiting processing.
The FOIA office may extend the response time for an additional ten business
days when:
• the office needs to collect responsive records from various directorates
and offices,
• the request involves a "voluminous" amount of records that must be
located, compiled, and reviewed, or
• the office needs to consult with another agency or other VA offices that
have a substantial interest in the responsive information.
When such a time extension is needed, the FOIA office will notify you of this
in writing and offer you the opportunity to modify or limit the scope of your
request. Alternatively, you may agree to a different timetable for the
processing of your request.
If a determination on your request is not made within the applicable time
period and you have not agreed to a different response timetable, you may
file suit in federal court to pursue a response. If, however, the court
concludes that you have unreasonably refused to limit your request or to
accept an alternate timetable for response, the court may find that the
component's failure to comply within the statutory time period is justified.
The court may excuse the lack of a timely response if the component
demonstrates that it has a backlog of requests that were received before
yours, that it processes its requests on a first-come/first-served basis, and
that it is making reasonable progress in reducing its backlog of pending FOIA
requests. In such cases, the court may postpone its consideration of your
lawsuit until the agency reaches your request in its processing backlog.
Alternatively, Executive Order 13392, dated, December 14, 2005, provides
FOIA requesters the opportunity to request that an agency’s FOIA Requester
Service Center(s) check on the status of their FOIA requests. As mentioned
above, the Department of Veterans Affairs has established such a center for
each of its management offices, with a FOIA Public Liaison named for each,
whom FOIA requesters may contact by telephone if they are dissatisfied with
the response of the center's FOIA Requester Service Center. FOIA
requesters are strongly encouraged to make use of these new services.Just now, shrekthetank1 said:sounds good ty.
My real concern here is how long this process takes. I mean if I had an active C&P that I need to rebuttle there if no way that is going to happen.
Exactly my point, this is the VA process which is exactly why I am going to be pushing my Senators to get a new law in place.
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Just now, shrekthetank1 said:
Sure did. I tried to do it at the VAMC and they told me they do not do that anymore. I went to the C&P office and got the same response. I then went to the state VSO and they filed my FOIA for me. It went through the NEW process and I am now waiting to see how long it takes.
Ok, so go to the link I posted earlier, and the very first contact is the FOIA Public Liaison for the VA contact information. Send her an email or fax and explain that you sent a FOIA, the VA did not provide the information within the 20 days and it has been X amount of time and you would like to ask for assistance getting your C&P reports in order to properly review your claim decisions. If asked how you got the info, it was a search on VA.GOV which is wher ethe info comes from.
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Just now, shrekthetank1 said:
Oh no they responded. It has take over 6 months to get my C&P exams. Still have not seen them. They have sent 4-5 letters about them and that they are sending a CD of them. So we will see when they get here.
Did you file FOIA?
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Just now, shrekthetank1 said:
No, I am talking about C&P exams. I am waiting on them still.
If you fiile FOIA and they haven't responded you can use the link I posted here earlier to contat the FOIA Director. If asked how you got her info, it was a search on VA.gov.
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9 hours ago, broncovet said:
Probably the fastest and easiest way (for me, in my experience) for the VETERAN to go to your VAMC "release of Information office" and ask for a copy of that exam. (have the date of the exam available). At my VAMC, if you sign the consent form (release of information), you can walk out with a copy of exam in 10-20 minutes. You may be able to do that if you have POA and can show it to them.
This has worked for me several times. I can not say that your VAMC is the same.
If you request a complete copy of your medical file (at my VAMC, again), then they mail it to you, because many medical files, including mine, are hundreds of pages long.
I think they still give paper copies, Im not sure if they have electronic copies available at my VAMC or not.
Caveat: Sometimes you can not easily obtain "outsourced" exams (QTC, etc) that way. But "in house" VA medical exams are available. I have seen QTC exams delayed, sometimes indefinitely.
But my VAMC does not make heavy use of QTC exams. I have had multiple exams, and all were VA exams, and none were QTC, or other contractor. (I should add, here, we dont always know if the person examining us is a va employee or not. We see a white coat, and we are at The VAMC, so we assume they are VA employees. However, that assumption is not always true.
All of the above may/ or may not still be the policy of my VAMC, as I have not had a C and P exam for probably 5 plus years..probably longer, I dont recall.
Hey Broncovet!!! Long time no speak. So if I had my 75 y/o buddy go to the VAMC, say his primary care location, and request it then you think they may provide it?
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9 hours ago, shrekthetank1 said:
Yes this has changed. I started with the process and then was told the new way to get them. I was stupefied at how long this will take. I thought Ok this should take a month? Two at most.
I was way wrong. They sent me a letter stating it was coming, but still nothing. I will update once they send the CD
You are referring to getting your c-file correct? We are talking about getting copy of very specific C&P exam(s). The c-file would definitely take longer.
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Just now, shrekthetank1 said:
they should be avalible on the button reports
Correct but the 75 y/o Vietnam vet I've been working with has been stonewalled. Nothing has been uploaded and now his appeal clock is ticking because he got the initial decision letter with final decision deferred on very simple scar ratings. He has contacted VA numerous times to no avail.
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8 minutes ago, Mr cue said:
I agree with that we need to start a petition on hadit about these contractor exams and not been able to get the results.
I would be the first to sign
Yeah the only way to get the VA to cooperate is to change their rule book. They have beaten down veterans for so long and made them believe they have to just keep doing the same shit fighting the whole way to get what is rightfully theirs. However, if we can get our representatives to get a bi-partisian bill to require the VA to provide all documents automatically to any veteran going through the claims process.
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13 minutes ago, Mr cue said:
Good luck with that the same ppl that answer 1800 are the same to respond to iris.
Best bet I think veterans have is complaint to white house hotline they will document all these complaints.
An hope someone look it to it or at least they see all the complaints.
I have been looking into this an don't see no change coming.
All complaints now are even answer by the 1800.
I think if we begin contacting our congressional representatives and demand change, our collective voices would be able to bring about the necessary changes we need but it has to be a lot of people.
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13 minutes ago, shrekthetank1 said:
I am trying out the New IRIS system today and see if I can get an answer
Awesome ... lemme know how you make out? Basically are there any rules/laws for the VA to provide/upload the C&P results up to myhealthevet Blue Button records?
Petition to mandate VA automatically provide C&P reports in timely manner
in VA Disability Claims Research
Posted
Thanks for your support St. Wilky!!!