hollywoodnc

Hey Carlie! In RE to the link that you posted, one particular line stands out, that must be addressed... "“We have heard promises from the VA before,” Filner said. “We have heard that the claims process will go paperless." A few years ago, when I worked at the local "Ball and Chain" RO, I wrote a letter to Bush, Burr, and Edwards. In this letter, I addressed several issues, regarding the conditions at my particular RO, and what I believed would remedy the problems. One of those was going Paperless, another was eliminating the "Quota Bonus", (as if they deserve it) and "Pot Lucks" held during official Gov't. time. (Partying while on the clock). However, in MY letter, to elected officials over the coarse of time afterwards, I mentioned that the actual c-file should be copied, but it should be kept at another facility close by, in case of equipment failure, viruses, etc....Not shedding!? Funny how this incompetent agency can survive. Do people become Brain Dead after they start working for the Gov't.? It surely appears to be the case.

Hey oldman273... I can related to your pain...LITERALLY! I have Degenerative conditions in my back also, including a foraminal narrowing @ L/5. For years, I suffered from an L/2-3 compression Fx. Allow me to share something with you... Go to a Physical therapist, and start to strengthen your back muscles, along with your stomach muscles, and don't forget your obliques (side muscles). All these muscles act in unison with each other. Next... I've found relieve by starting on Fish Oil tablets, and Flex free w/msm and I've already felt results. Fish oil tablets slow down a hyperactive metabolism, and keeps that cholesterol under control. Flex Free is available over the counter, and aids in joint mobility...and IT WORKS! After you've been on this for a week or so, start walking, and each week, increase your distance. Exercise is the key here. Last, but not least... If you are still having problems with your back, there is an alternative to evasive surgery... Look at Laser Spinal Surgery. It's a fairly new, non evasive procedure, and it is proving to have positive results. Immediately after the procedure, you get off the table, and they instruct you to go for a walk! Can you do that after a conventional procedure? Hell no! One place that performs this is LSI in Tampa, Florida. They have a website, but I'm unable to post it on this site. Laser Spine Institute is the name of the facility. You'll have to GOOGLE it. They just opened up another facility in Arizona. LSI is VERY expensive. My procedure will cost: $90,000.00 Social Security (Medicare) will pick up 80%...I have to pay the rest. Luckily for me (if approved by OWCP) it shouldn't cost me a dime! (That's right fellow Vets...I know how to SHAFT the VA!!!) hahahaha! I still have an open claim for my On the Job knee injury, and I reopened the claim to include my lower back, due to GAIT! My RO hates me...let me hear an Awwwwwwwwwwwwww...boo hoo, etc...! Anyway...that's the place to look into. There's another in Manhattan, NY, but I do not recall the name, and he only takes private insurance, or cash. He only charges around $5000.00 for each vertebra. I hope this helps!

Hell... For $1000.00 I'll write a medical report! It'll be a good one to! Orthopedics only please...! All kidding aside... When I first saw a "Banner Ad" for Dr. Bash, I couldn't resist to research it... When I saw the fees that he charged...??? Quite frankly, you can take what he charges, and go to at least 10 specialists in your area, and get many pages of supporting documentation to support your claim. I did, and it only cost me $125.00. I'll gladly pay that. The key... Learn your disabilities, and conduct a DIALOGUE w/questions with your doctors. Don't let your doctors talk down to you as if you are an idiot. If you are knowledgeable about your conditions, you will know when your VA doctor is pulling your leg or not. Also, don't be swayed into thinking that your VA doctor knows what's Best for You. Study alternatives and other options to VA prescribed procedures. Case in Point... HISTORY: I was between 20-30, a S/C Left hip with 3 Knowles pins (w/o retaining nuts)& (one pin is into the acetabular) and I have a L/2-3 compression fracture(Fx) from an MVA (1976). For YEARS, I've been told that there was no other option available to me, other than Hip Fusions. I argued (even with a staff of Orthopedics in LA) that with my present spinal conditions, that this was NOT a logical alternative, being that I would have to change my center of gravity when I bend. My new center of gravity would be right in the affected area...L-2. Even though I had mentioned this fact, he still insisted that I wasn't a candidate for a THR. This showed me TWO things... #1) He was not concerned about my condition to my spine... #2) As a Staff of Orthopedics, he should have known about Arthroplasty. This shows me either his unconcern or ignorance to relieving pain other than "Welding" my joint together. It is an inexpensive and in my opinion, a medieval procedure. So, what's the moral of this story... Educate yourselves about your conditions, so that you can fight the good fight, and prevail. Don't show up at a doctors office, like a deer in the headlights. And most importantly, watch out for crackpots, looking to take your hard earned cash!

#1) Thank You for your service to our country. #2) I'm in agreement with everyone on this board, that your lawyer knows the best coarse of action. #3) Don't be so eager to "Volunteer" so much information, being that you do not know who you could bump into...especially the "Enemy DVA!" You know the saying: "Birds of a feather, flock together"? If you can take this to court, make sure your lawyer insists on ALL e-mails regarding this individual. Also consider filing an "Illegal Trespass". You did mention a witness. Best of Luck!

Thank You for responding Carlie! I was aware when the incompetent "J-O" told me that he couldn't get the pins out. My problem, is waiting for 33+ years. Yet, when you see this case, I truly believe that I can utilize the Equitable Tolling argument, because of the Fraudulent Concealment, and the lack of Administrative Due Process violations. I was not made aware, that there was such a thing as a FTCA or even an 1151 claim, that could be filed. Recently (1-2 months) I was told by a neurologist that it is probable that my Antalgic gait from my leg length differential could effect spinal conditions...using the wording: "It is more likely than not,..." No one till that Neurologist volunteered such valuable information. I had to pay out of pocket for it though. Try getting such valuable information for free, from a VA QUACK!

Although he has a copy of the Standard form 95 he did not fill any of it out. He did some research and provided me with a case name: " so and so vs the VA " which he used to come up with a sum certain amount of $3,000,000. ----------------------------------------------------------------------- NO, NO,NO,NO,NO,NO... It's NOT (Your Full Name) -vs- the VA!!! It IS (Your Full Name) -vs- The United States of America This is a LOOOOOONG PDF file, but it is the FTCA handbook! Educate yourself, so that this inexperienced lawyer doesn't lose this case! http://www.louisvillelaw.com/federal/ArmyP...ca_handbook.pdf

Hey gang...long time no visit. I just want to share some helpful info with those of you, who truly feel that you were told that Statute of Limitations (SOL's) are a pre-requisite to filing a suit against the United States (in particular, your favorite agency, and mine...the DVA!). I am using my case as an example, however am not disclosing any sort of personal information. It's LENGTHY, yes, but very informative, and worth the time to read. I wrote this, to an FTCA attorney, so it may start off weird, but it was because of the formatting of the sites' web page. BTW, he refused it!? So sit back, relax, and do your due diligence. BTW...I do welcome any comments, albeit, contradictory or supportive, and if applicable with sustenance. Thank You, and Enjoy! --------------------------------------------------------------------- As the question above depicts, I, and prior service officers were unaware of the stipulations of the FTCA, and as the record has shown since 1984, NO ONE advised me about an 1151 claim, even after I threatened the DVA with Medical Malpractice in a few SF4138 forms. However, I could not afford legal counsel. A Medical crime and deliberate "Cover Up" was committed. Does that mean that the individual committing the crime, or the organization that was well aware of a crime, should go free? Would a criminal that committed a crime be allowed to go free, even after twenty+ years had passed? Would law enforcement, or even the courts not prosecute a criminal, even if the same amount of time passed, because as the U.S. Supreme Court stipulated, that the case grows "Stale"? The WHOLE purpose of filing under the Statute of Limitations (SOL, hereafter) clause, is so that the claim/case doesn't go "Stale". Shouldn't the same apply to Law Enforcement, taking a case to court after twenty+ years? Granted... Technological advances supports Law Enforcement, HOWEVER, doesn't it also support claimants under the FTCA? This makes absolutely NO SENSE, that SOL can be scrutinized under one situation, but not for the other!? Here is my case... In September of 1975, I entered the U.S. Army with three threaded Knowles pins (w/retaining nuts). After careful evaluation by doctors at AFEES, the Army allowed me to enter, and ironically, I was considered fit enough for Infantry. It is worth mentioning here, that I was in great shape, and my hip had full range of motion. I had NO pain, nor did any of the three pins penetrate into the joint space. Midway during basic, while my company was participating in a company run in sand, I stepped in a low sand pit, and came down hard on the leg with the pins. Not being a doctor, I suspect that, at this particular time, I had suffered from a Compression Fracture, being that now, a doctor diagnosed me with a pin starting to penetrate the acetabular (joint space). Doctors at the VA level had diagnosed me with a SCFE (the reason for the pin implantation), but this wasn't the case. In April 1976 I was medically discharged, and again, diagnosed with a slipped Prosthesis, DJD, and Atrophy. I was only awarded 10% for the S/C!? In the June/July timeframe of 1976, I had flipped a car, and suffered from a L-2 Compression Fx. I had no feelings in my legs, and spent around a week in the hospital. Later, my private physician instructed me to wear a corset w/steel for a few months. I wore it faithfully for several. In the mean time, I am in excruciating pain, hip locking (severe crepitus) and weakness from the left S/C hip. Finally, in April 1978, the VA decided to perform surgery (as it was recommended by other doctors that these pins MUST be removed), and I checked in at the East Orange, NJ Veterans hospital. The surgery was performed, however the jackass operating on me COULD NOT remove the pins!? Again, I'm no surgeon, however there are procedures that would ensure the successful removal of these threaded pins. There are Pin Extractors, and if possible, either cross, or parallel drilling to loosen the pins grip. Instead, what this jackass did, was to leave the retaining nuts off (these nuts prevent slippage), and he clipped the pins even with the Femur! This "Unorthodox" procedure, makes it virtually impossible for any other surgeon to remove them...In short, I am totally F*cked! What makes this additionally criminal, is that this SOB, states on a form that I had: "FULL ROM/NO PAIN"! How can that be though, with a pin penetration? It is also worth mentioning that on the same form, someone had written in: "OLD CHART MISSING"! In a follow up exam, and to cover his ass, the same doctor had written in: That the procedure was a(n) "EXPLORATION" (as if he didn't know what the cause of pain was PRIOR TO the procedure!) Even though all these fraudulent statements are DOCUMENTED, this inept, and incompetent agency "Turned the other cheek", and even though I received 100% for convalescence (two months) pursuant to Title 38, I was to remain at 10% thereafter until 1980. Theoretically, this renders the DVA as an "Accessory to the Fact(s)". For the next ten or so years, I constantly argued with doctors, regarding the installation of a THR. Meanwhile, I'm still in excruciating pain, and through this period, I am unable to concentrate on my education, and maintain a job, while supporting myself. Keep in mind, that I suffer from and L/2 compression Fx, and I'm walking with an Antalgic gait. This is NOT helping my back out at all due to pelvic tilt with every step. I also was diagnosed with a 1/2 leg length differential. Yet, ALL the doctors that I had communicated with from NJ to Calif, and back refused any sort of treatment EXCEPT, for Hip fusions to alleviate pain!? With an L/2 being compressed??? When I refused such a medieval treatment, I was then viewed as uncooperative, when they used the wording of: REFUSED Procedure. This is specifically stated in a BVA decision! In 1989, I went to a VA hospital in Durham, NC and spoke with an intern of Orthopedics, described all my conditions, and asked for a THR. He also mentioned the VA's Medieval and inexpensive approach, until I mentioned the L/2 Fx. He notated this. A few days later, he concurred that I was NOT a candidate for a fusion, and that I was eligible for a THR! His professor was the one that actually decided. FINALLY!!! Even though this procedure was a success, my spinal conditions have not healed as they would have, IF the DVA acted with competence and a true Bona Fide concern, as early as 1978. Additionally, and to date (2008) I still cannot twist my leg in a figure four position, and I still suffer from atrophy. No matter how many years that I had begged, pleaded or demanded for help, the DVA blatantly ignored my requests, and ignored my threats to sue, as if they were calling my bluff. The DVA has also documented particular wording throughout my file, signifying me as Uncooperative/Argumentative to a Fictitious claimant when I reapply. IF someone would take the time to review my ENTIRE file, a picture would be painted in the mind of the reader, describing exactly what is being said here, and you will see that, none of this is an exaggerated claim! I was under-rated since 1976, a victim of a clearly and indisputable Medical Malpractice, and as my medical file clearly depicts, I am considered as Incompetent & Uncooperative. This is also considered as Libel, being that others who read the file in it's entirety, views me as such, and gets the impression that all statements rendered by prior decisions and other doctors, are accurate and true. In short, I made a terrible mistake, joining the Armed forces in 1975. I wanted to join to not only become a Medical Corpsman, but to serve the country that I was born and raised in, and that I love. Is this the thanks and the legal process that we ALL have to expect when someone, such as what I have endured, is discharged from the Armed Forces? What message are we sending when a law is amended stating that: "You are sh*t out of luck if you don't comply to time constraints."? OR "Professional criminal acts are 'EXCUSABLE', because the victim failed to comply to a two year time frame." Was I supposed to present an incomplete/unsubstantiated claim to the DVA or the Federal Court, wasting their time, and having the claim forever barred, because of it not being completely accurate? Furthermore, with my life the way it was, in trying to resolve this issue with the agency itself, and trying to get these pins removed, so as my spinal condition does not heal improperly (due to GAIT), then how could I file an FTCA (if I even knew of such), in the middle of trying to resolve this? When I threatened to sue for "Medical Malpractice" in my 1984 SF4138, why didn't the DVA advise me of my rights under such and/or the filing of an 1151? Isn't THIS mention of M/M still tolling? Yet, another example of depriving me and many others of Due Process, is their neglect involving Title 38, whereas, the DVA will assist the Veteran with the obtaining of evidence. However, in 2004/2005 I distinctly remember submitting the name of the Manufacturer of the Knowles pins (Zimmer, Corp.), and the DVA failed to follow up on asking this question that I presented: When installing or removing the threaded Knowles Pin in or out of a patient, respectively, can the nuts be left off? What could conceivably happen if the nuts were left off? Recently, I filed a Request for Reconsideration for the BVA denying my 1151 claim, and again, I was not granted my "Due Process", when the DVA failed at submitting a letter to approve or deny my Request. Instead, I receive a "carbon copy" addressed to a rep at the PVA, that my 1151 was dropped from the docket, with no explanation, as to WHY?! This Half Baked letter, gives me NO GROUNDS to appeal to a higher court. Theoretically, isn't this request still tolling also? I know that Case Law has influenced law overall, and as this case shows, any logical thinking lawyer would agree that two years to file an FTCA, has it's disadvantages. There are medical conditions that don't appear until years later. If it's 5+ years, how could anybody know? There is also supporting case law, which excuses SOL, and bases decisions on a cases' Merits. If there is Fraudulent Concealment, by the party in question, there is a term known as Equitable Tolling which could apply. When this case is reviewed in it's entirety, it would be agreed upon that Equitable Tolling should apply, and that this case should be decided strictly on it's merits, especially when there is documentation which supports the claims made. Being that there are documents in the possession of the DVA, supports the argument of Fraudulent Concealment, and the Denial of Procedural/Administrative Due Process , when in fact, the DVA failed in addressing and advising the Veteran (me) on claims made on a(n) official Gov't. document (SF 4138) "Statement in Support of Claim", regardless of how inartful it may appear. Furthermore, if individuals attempt to work with the agency, (as I tried to do for many years) as opposed to suing, how is that to be interpreted by the court? The average American citizen is not always privy to ALL the laws, nor, can ALL Americans afford counsel. I wasn't made aware of an 1151 claim, until my employment with the DVA in 2002. The Bottom Line... This case clearly has merit, is triable, and that the Statute of Limitations should not apply, and this should be based solely on it's merits, due to my ignorance of not being aware of the FTCA, prior Service Officers being ignorant to the jurisdiction(s) of the FTCA and 1151 claim, my concentrating on trying to resolve the issue with the DVA, and the DVAs' blatant hiding and ignoring of the facts and warnings, to a doctors' unusual note taking, and admittance of a botch up, making this direct and unmistakably, a Fraudulent Concealment case against the DVA. It is clearly obvious that the DVA, has "swept this under the carpet", when they were made aware that something was awry with this procedure. The missing chart is definitive proof. It is also proven that the imbecile that performed this procedure, covered up and ironically, admitted guilt, and then lied about my pain, and Full ROM. It was written, and I along with the DVA possess the documentation. The noting of "EXPLORATION", as a means to "Cover his Ass" legally, AFTER the procedure, instead of prior to, shows his attempt to "Cover Up". I recently (within a few months) discovered this terminology, and it dawned on me, from the different time that it was written on a standard form, one month AFTER the surgery. If ANY exploratory surgery is to be performed, it MUST be disclosed to the patient PRIOR TO the procedure, so that the patient can agree/disagree to such. This wasn't the case here! Despite the fact that thirty+ years have passed, does not exempt the DVA from Criminal and Fraudulent acts by it's employees. Here is FTCA Case Law, which supports my claim: Perry vs United States & Glarner vs United States The questionable Supreme Court rulings... In Irwin v. Department of Veterans Affairs, the United States Supreme Court, interpreting Title VII, held that there is a rebuttable presumption that limitations periods in waiver-of-immunity statutes may be equitably tolled. Directly from the FTCA handbook: Tolling of Limitation Period During Negotiation. The two year statute of limitations is tolled indefinitely during negotiations. Additionally supporting "Tolling": Dawson v. U.S., 68 F.3d 886 (5th Cir. 1995), sanctions reversed originally imposed for lack of good faith negotiations by Government. Under "Kubrick", the SOL as decided by congress, should be strictly adhered to. However, as you may be aware, what if some conditions manifest AFTER the SOL expires? What if it takes certain conditions 20+ years for conditions to manifest, due to a Malpractice? What if the victim cannot receive cooperation from Doctors, for disclosing that a procedure such as this, is illegal, Unorthodox, or downright criminal, because, any sort of disclosure would force them to have to testify and/or implicate themselves for any illegal procedures that they may have performed in the past, or just to simply not go against their fellow physician? What if the victim cannot afford the many hundreds of dollars to see specialists to confirm his theory? What if the Veteran has multiple statements denying his/her requests for a THR, by Gov't. paid doctors, to remedy his condition(s)/pain and as this case shows, danger to his health, and a University Professors' decision is the deciding factor to remedy his ailment(s) AFTER the SOL expires? Should the case be permanently barred from pursuing? Should SOL be so stringently held as a prerequisite for ALL cases?

Hey Tbird! I "clicked" on the link, but this came up instead: ===================================================================== Sorry, an error occurred. If you are unsure on how to use a feature, or don't know why you got this error message, try looking through the help files for more information. The error returned was: Sorry, but we did not find any matches to display. Try again and broaden your search criteria. If you were searching for new posts since your last visit, it's possible that there are none to show. ===================================================================== I thought that you might want to know.

Hi Berta! I haven't talked to you in a while...I hope you are doing well! I RE to your response... "HR 2942 just appropriated (passed in the House) money for hiring of 1,100 more adjudicators." Only 1100??? That's a drop in the bucket, considering that THOUSANDS of claims will pour in once this bogus war is over! Additionally, adjudicators are NOT being trained properly, and as the Lawsuit depicts, are subjected to unrealistic numbers goals by managers who are motivated by quota bonuses! In my opinion, that's a Band Aid being applied to an open gash! Even though this gov't uses the Better late than never approach, it still will not rectify the overall problem. Why does the Gov't always act after the fact? Is it that no one there anticipated such an influx of claims? How is it that, the Gov't has possession to many "Think Tanks", but cannot anticipate UNTIL, we're in the middle of a drastic situation, or it's to late? Case in Point... It is FACT, that millions of individuals (baby boomers)are ready to retire. The Gov't is and was aware of this...YET, Social Security is short on Administrative Law Judges (ALJ's)?! (This is why there's a backlog in Social Security claims) Social Security recently decided to go paperless. Shouldn't this have been done earlier, so as to work out any bugs? Again, supporting my theory on the Gov't always responding After the Fact, and just like the VA, hoping the problem goes away! In your post, you made reference to a VCAA letter...What is a VCAA Letter? I might know this by sight, but am unfamiliar with the reference to it. I did receive pamphlets, and instructions on how to appeal, etc... Regardless, the overall message here is that RO's are not complying to laws pursuant to Title 38...either by blatant means or ignorance. Again, as the saying goes "Ignorance is no excuse of violating the law" You stated: "Maybe VA should send every vet a complete copy of the current 38 CFR instead of the "we are working on your claim"......yadda yadda-" OK...fair enough, but what of the Reduction in Paper Act? They'd be violating that to!!! (hahahaha) "Tell me about it-numerous other reps and their bosses told me it was legal -like I was born on a turnip truck-" Is that the same analogy as getting off a Banana Boat? (hahahaha) Take Care...

dman001948... You stated: "I don't post here often,..." Is that because you fail at supplying pertinent info to help others...even if it's minimal? You stated: "You Bush bashers need to get a grip...This form is not for that..It about problems etc with VA claims etc..." You bush bashers??? Did the MAJORITY of my post refer to bush the CHIMP? This FORM? Did you mean F-O-R-U-M? Is that the reason why you don't post here often? You stated: "Now go get a life so where else....or keep me off this list, because I don't bash Bush..." Now go get a life so where else...? You stated: "Second the VA problem has been going on longer then most of you have been alive..but yet you bash the current President. Well how about Clinton when he took all the medical away from retiree's." Don't ASSume that I'm fresh out of High School! I bash the CHIMP, because, I've actually seen chimpanzees that possess more intellect than he does! Additionally, when my President addresses me, an American (Born & Bred), in his State of the Union Address, I expect him to TELL ME THE TRUTH!!! Now, you tell me dman001948, were there any WMD's in Iraq? If not, why are we there? Why are our Men and Women dying in Iraq, and thousands injured, all because CHIMPY wanted to be the "War President"? Uh...didn't you bash Clinton here? In your eyes though, that's OK? (I really like the 'Double Standards' the the Repukes attempt to force down our throats) Before you come back with a stupid response, I am not thrilled about the Clintons either! In all due respect... Your post accusing me of bashing a complete moron in the White House, shows how much of a true IDIOT you are! Your party has attempted to reign, based on the theory, that people in this country are STUPID, and we'll accept anything and everything that your corrupt party will dish out...well... As you see, that is truly not the case, and it is coming home to roost! The GOP is severely damaged, due to the incompetence of this administration. It's surely not Clintons fault! So before you decide to post an attack, make damn well sure that you learn how to spell, and present a more organized sentence structure before you decide to return with such illiterate rants!

In the past several months, people have really been raising hell about how our troops are not being given their due diligence, and how the VA is mistreating our nations Veterans. A newly filed Lawsuit (filed against the DVA by the Disability Rights Advocates)hits home, and will force the Gov't. to further review the way that the VA conducts business. I'm sure more lawsuits will follow. The "Flap" is more ongoing than I've seen in years. The Congress, Senate and even Bush are raising the bar, by saying that the DVA is broken and needs to be overhauled! TWO Secretarys resigned since bush stole office in 2002. To date, a successor hasn't been named yet. I've addressed issues of concern to oversite committees, but to no avail. I wrote my elected officials (Congressman, Senator, & President) and addressed that there are a lot of flaws in the processing of claims, understaffed RO's, lack of storage, to employees holding Pot Lucks during business hours! (It later became known as a Whistleblower case involving: Gross Mismanagement, Gross waste of Funds, and Abuse of Authority.) I saw that the VA was in horrible shape, disorganized, and still using Windows 95 on Pentium 2 computers, when I was there in 2002. The Afghanistan war hadn't even begun yet! I knew then that the VA was in big trouble, when the casualty numbers started to role in. And it did with a vengeance! Does all of this mean that the VA is about to go through a major overhaul, or is this just more of the usual "Lip Service" by elected officials? Will we finally be heard when we file a claim? Will biased doctor reports, and decision making at the RO level, be a thing of the past unless it's absolutely frivolous? Quite frankly, I don't believe that a change will occur, until they hire more personnel and properly train these people. That won't happen either, until they expand their current real estate...and in order for THAT to happen, they'll have to go paperless! OWCP has done this, and it seems to be successful. Social Security is in the process of doing the same. As it stands now...File cabinets take up a huge amount of space at your local RO. Your claims file is most likely on top of those cabinets also, being that the drawers are filled to capacity. Retiring (inactive claims) folders is not a resolution to the problem, being that a claim can be generated by a Veteran at any time. Those of you who work at a local RO know this to be true. Should the DVA also consider having ALJ's similar to Social Security? I believe that they should, to force RO decision makers to comply to law! Politicians don't understand the "Nooks and Crannies" involved with overhauling the VA. They think that granting claims, spackeling and painting few walls, or hiring a few more doctors will reduce the screaming made by everybody, but honestly, it'll be back to normal within a year or so. In order for true change, billions will have to be spent, millions will have to voice their concerns, and the gov't will have to comply! Will it happen? Your guess is as good as mine.

Hang in there luvHIM... as I said in my lengthy post, they'll (VA) use all sorts of BS reasons to deny you, rather than approve you. Stick with it. I've voiced my disgust to many people (including the elected officials {Supra}) regarding the failure of the VA, and as early as 1977! In 2002, I actually witnessed this failure, when I worked at a local RO. I've just been through court hell with the VA, involving a Discrimination/Retaliation lawsuit. I'm debating (with myself) whether to file a Petition to the US Supreme Court. I'm also answering a BVA opinion, and I'm formulating a personal lawsuit against idiot neighbors...so my mind feels like MUSH now! (hahahaha) NOW, and as I predicted, a class action complaint against the VA (including some issues that I raised) is being filed in Federal Court. What I find especially interesting, is when the author of this complaint had stated that the adjudicator doesn't have to appear in a Veterans hearing. I hope that changes, whereas they have to explain WHY they decided the way that they did..., In affect, the "Ball's in their court." A positive outcome of this "Action", will open up doors for all of us, and most importantly sends a clear message to these VA people that, we will NOT TOLERATE their contemptible conduct anymore. It's sad to see all the crap that the Vietnam Vets went through with Agent Orange. This is OUR time!

Oh rway... I truly feel for you!!! My Mother has that nuisance of a disease. She severely reduced her salt intake and hasn't had an episode for over 2/3 months. I wouldn't let ANY VA doctor operate on my ear! I'd pay the Medicare deductible before a VA wannabee private practitioner touched my inner ear. That's a very delicate procedure, and requires a SPECIALIST to perform it! Sorry for the negativity, but I do not like VA doctors. Good Luck!

Hello Spike... Your question/caption says it all. YES, they do, IF it stands out, or if you have only a "Short and Plain" statement explaining your request. VA employees are under a microscope when it comes to reviewing claims. Adjudicators are expected to view "X" amount of claims in so much time, otherwise they are written up. With such a demand hanging over employees heads, there is a GOOD chance that a more complex case is susceptible to errors, when important issues are missed. I have addressed this issue in particular in letters and e-mails to the Committee on Veterans Affairs...it was ignored. The motivating drive for employees at the VA is a Quota Bonus. This is why issues are missed, because with the managers of departments insisting on employees meeting "X" amount of claims per hour, day, week, month, quarter, and even year, so that they meet numbers on claims resolved (approved and denied), and a bonus is included in their paycheck if they meet the numbers; It is apparent that a lot of these people will deliberately miss issues, and force you to appeal...all based on meeting numbers, & receiving a cash bonus in their paychecks! (Motive to receive a cash bonus, & Intent to deceive by deliberately denying valid claims). As we are all privy to, the DVA appeal process is nothing but a delay tactic, in hoping that you drop your claim, or miss crucial time frames. The court system effectively uses this tactic to dismiss cases! Usually, the appeals personnel will agree with what the adjudicator claimed, thus causing you to have to submit a NOD, then an appeal to the BVA, and if your claim is still denied, you're dealing with ultra conservatives in the Federal Circuit and Appellate court. I believe that the US Supreme Court will get involved (if they haven't done so already). A Petition of Writ of Certiorari is not a guaranteed right to Americans. You'll notice that I haven't included a DRO review, being that this somewhat new right, is nothing but a waste of time! Another recommendation that I had made to the committee, is the Pot Lucks conducted by employees! These pot lucks are taking away the time required to resolve your claims! It appears that these people deemed it more important to prepare food to impress their coworkers, rather than resolve your claim. IMO...This isn't a place to socialize, ESPECIALLY when, a Veteran with any sort of debilitating injury or disease is applying for a rating. If Pot Lucks are important to these people, they need to hold this on THEIR time...not OURS! We don't pay taxes, so that Gov't. employees can socialize, or playing office politics. That in itself is a Gross Waste of Funds, when you consider the amount of RO's x's people conducting pot lucks nationwide. Most are being paid while setting up their food . This is unacceptable in my eyes, especially when there are those families having to deal with multiple financial problem hardships! There are not a lot of private companies that tolerate pot lucks during business hours, especially when their bottom line ($$$) will be effected! I also addressed to the committee, that the VA should consider starting a "Second Shift", even on a temporary basis, pursuant to: 5 CFR 316.401 Temporary Appointments, so that all claims that are backlogged, can be resolved in an expeditious manner. Even if GS-4 clerks are hired, for second shift positions, a lot could be accomplished. Case in Point: Designating these clerks to find lost folders (in part by utilizing COVERS), filing, organizing files, pulling what wasn't pulled the previous day, attaching mail, etc. I also recommended that the DVA go paperless. This will free up real estate, thus, allow them to hire & train new adjudicators. OWCP (Office of Workers Compensation Programs) has gone paperless, and Social Security is about to do the same. Why hasn't the VA? In 2002, I wrote a letter to Pres. Bush, Senator Edwards, and Congressman Burr. This was a letter later used as an exhibit in a Whistleblower complaint to OSC (Office of Special Counsel). In this letter I did state that with Hussein contemplating the use of chemical/biological weapons, the DVA will not be able to handle the influx of claims about to pour in. I also stated that Pot Lucks & Quota Bonuses appeared more important than resolving Veterans Claims. It was ignored by the president, and burr, but somewhat addressed by Sen. Edwards office. They all ASSumed that the insurgency that you see today would be minimal, and that not many claims would be filed...were THEY wrong! I filed my claim in 2002, and it is in the middle of a BVA appeal. I don't foresee a Federal Claim, however, with all that's going on in this crazy country...you never know! The bottom line... Even though I have referred to these people as "Brain Dead", and used language that is deemed inappropriate in my submittals, it appears that the DVA is geared to denying claims, as opposed to approving, despite the validity, regardless if it's presented professionally or in my case, with colorful metaphors. The key here is the "Quota Bonus" and the driving force to receive this quota bonus (Resolving so many claims -vs- time). Most politicians don't give a Rats Ass about us. All they care about are the votes. If they cared, this would have been resolved years ago! We've been complaining for years about this incompetent agency, but to no avail. We're in a "Flap" now, and it's just before elections. It is NOW an issue. If you don't support the Veterans, you will not be elected! Politicians have no balls, until the media, then the country, addresses the Walter Reed issues. Notice how they're all running in circles, including firing those who don't comply to the publics uprising. My 2002 letter wasn't sufficient enough I guess. NOW is the time to address the issue of an incompetent agency to your elected official, while it's on the front burner. Let's all help these Guys & Gals from this ongoing war with this group of DVA imbeciles (Managers, Directors, Legal Counsel, incompetent doctors, and Agency Secretary), hell bent on denying them the Due Process which they, and we are entitled to! Insist on: #1) Eliminating the Quota Bonus for the RO (ONLY award individuals for accuracy) #2) Eliminate "Pot Lucks" during business hours. Hold those and Retirement parties AFTER hours only! #3) Extend business hours for Second Shift personnel, thus eliminating unnecessary OT for work that should have been accomplished during business hours. #4) Hire qualified doctors that don't have a biased opinion against the Veteran, because he/she is employed by the DVA. #5) Hire doctors with certain specialties, other than forcing a Veteran to have to wait 6 months+ and having to travel unnecessarily to destinations far from his/her home. (eg: There are no Orthopedic doctors at my facility, requiring me to have to wait 6+ months, and having to travel roughly 75 miles to see one.) #6) If #5 is not feasible, then the VA should establish a Medicare insurance program similar to Social Security, to allow the Veteran to see a physician of his/her choice. #7) If a Veteran has multiple issues, and one or more is recognized as a S/C disability or even secondary to, but other issues are not, the Veteran should be immediately awarded for those issues that are agreed upon, while the disputed issues are being appealed or require further review/evidence. To hold any entitlements to benefits, while other questionable claims are being appealed or awaiting further actions, is ludicrous, and presents undue hardships for Veterans and their families. #8) If a doctor commits malpractice pursuant to 38 CFR 1151, that doctor should be permanently banned from practicing medicine... PERIOD! Veterans are NOT Guinea Pigs, and will not tolerate being subjected to experimental surgeries, so that these incompetents can perfectify their resumes when they decide to go into private practice! #9) The Armed Forces (where the new Veteran was clearly disabled) should continue their basic pay until the DVA awards the Veteran compensation. (This is above and beyond the severance package.) (This is based on the presumption that it is not being done already.) #10) The Secretary of DVA should be held accountable if he/she or any RO Director, or Manager doesn't comply to laws, and immediately impeached if he/she does nothing to insure that Veteran rights are not ignored or violated in ANY way, as stipulated in The US Constitution, US Code, and the Code of Federal Regulations, regardless of it's severities! These are the changes that must be made to guarantee that we Veterans receive the entitlements for our disablities. Here's the link: http://veterans.senate.gov/public/index.cfm?pageid=1 AND http://veterans.house.gov/ Just my humble opinion...

Rogus... I TO am corresponding to my congressional office regarding Veterans affairs. You listed something that affects all of us, and I've been banging my head trying to figure out how to scare the VA by suing them directly, and being removed from the roles! I'd rather deal with my own affairs, and deal with compitent drs, than deal with some of the quacks that the GOOBERment hires. Additionally, I have included a ROUGH DRAFT that I just comprised today. I STILL have a lot to do to this...again, it's a ROUGH DRAFT! Question is, ARE WE STARTING A TREND HERE? Let's hope so! We're ALL sick and tired of the crap. My letter effects ALL of us, and should make for some interesting reading. Folks, PLEASE ADD some constructive ideas...Enjoy! Problems with the VA system The primary problem with the Veterans Administration, is the fact that the employee has to meet a Quota. This quota, or so many claims resolved within a certain length of time, gives creedence to many issues/evidence missed or overlooked by the Adjudicators or Fact Finders. I've witnessed this sort of missed evidence myself, when I asked for an Administrative Review and my folder remained at that particular location. An Administrative Review, is similar to a Judicial Review, which is an independent board that reviews the claim de novo, and, in it's entirety, to make sure the claim w/evidence was reviewed, and the law properly applied. In short, to see if the RO did it's job efficiently. Another example was that I had mentioned that under NO CIRCUMSTANCES will anyone correspond to RO 318, being that we are involved with an EEOC (now District Court) matter. My file was transferred to the same RO. Whether it was MISSED or DELIBERATE, I don't know! But it's at the same RO! I will suspect that my claim will "Drag On" in Retaliation to my presentation of my case to the Federal District Court. So, it goes to show you that people are concentrating more on the QUOTA, rather than the Veteran's issue(s). When the quota is met, or it exceeds other RO's, the employees at these RO's are awarded a cash bonus. When you look at that though, is the Veteran getting a fair shake, OR is the adjudicator concentrating more on his/her bonus? The DENYING of claims that should be APPROVED, clearly displays yet another dilemma for the VA... The Veteran appealing his claim. The VA requires additional (New & Material) evidence so that they can resolve the issues at hand, however, if the Veteran disclosed all that he had in his original correspondance, and he has no additional evidence, he has a snowballs chance in hell to get his claim approved. He then get's caught up in a loop, of constant appeals. This involves Supplemental Statements of the Case & Statements of the Case, which to an inexperienced Veteran, can at times, be overwhelming. Again, this has happened to me personally. It's a well known fact that some Veterans DIE prior to their claim getting resolved. Again, it's all due to the quota system, the lack of attention to detail, and a lack of personnel. Another dilemma is the claims with multiple issues, requiring numerous exhibits submitted by claimant. Most of the time, fact finders will NOT review a file of this sort, if it's to cumbersome. Reason being... The QUOTA SYSTEM! So many claims by so much time...! In order for a fact finder to keep their job, they must meet the Quota or face disciplinary action, Demotion, or even TERMINATION (as I have). The VA is a massive disorganized system! Above, I had mentioned some of the reasons that a Veterans claim is denied. Those hundreds of thousands of claims throughout the US are now in an appeal mode. WHY...because a quarter to half of them were decided upon by a fact finder, when he/she didn't review it in it's entirety to begin with. This lack of attention is a GROSS WASTE OF FUNDS, and causes undue stress to the Veterans. It is ALSO considered as a GROSS MISMANAGEMENT of Veterans Claims. This WHOLE appeals process MUST BE revamped! I've had the Roanoke RO send me a letter asking me if I wanted a hearing. I had mentioned YES, and at their RO PROVIDING that they possess a Videoteleconference system. Winston Salem would be considered as a second choice IF Roanoke DID NOT have the facilities to accommodate. I was asked that same question on a FEW ocassions, AGAIN, supporting my claim to the Lack of Attention to Detail! The VA QUAGMIRE is based on numerous files on appeal, in a recirculatory manner! In addition, you have NEW claims created daily, thus QUAGMIRE. ALL, based on the QUOTA SYSTEM to meet numbers per Month, quarter, and even year! Seeing a Doctor through the VA system. This is a NIGHTMARE! A Veteran has to wait a MINIMUM of SIX months to see a doctor. This is an eternity for those with painful ailments. To make matters worse, the doctor OR MY "Primary Care Physician" has a GENERAL knowledge of my ailments, and I have to be referred to another doctor (six + months later)! That's a total of a YEAR!!! MY Primary Care Physician is an Internal Medicine doctor...I have ORTHOPEDIC ailments! I propose the following... Eliminate the QUOTA SYSTEM, being that it distracts the fact finders from their job. Eliminate the Bonus pay for Quota's met, and ONLY award those who present accurate results (Yea or Nay). Eliminate the constant "Pot Lucks" organized by employees (YES, they're frequent). Eliminate the Overtime. HIRE more people to establish a Second Shift, to PROMPTLY & ACCURATELY resolve Veteran issues. HIRE more Medical Interns from Local Universities that have different specialties. START a second shift to "Catch Up" on Veterans Claims. These people can be hired on a TERM Appointment, as stipulated under 5 CFR 316.301 or TEMPORARY as per 5 CFR 316.401. START the VA under a Paperless Office, and allow the freeing up of real estate, so that more employees can be hired. The questions I have... When a Veteran is discharged, is the VA OBLIGATED to assist the Veteran? If so, what LAW stipulates this? If they FAIL to meet their Obligation, is their Legal Recoarse? If so, under what Jurisdiction?

Terry... The VA DOES have your Direct Deposit info in your C-file! Question is, if any of these thieves do an inquiry on your account (using your name, SS number, & birthdate) your account is susceptible to THEFT! Assuming the information given is accurate, the thieves responsible for this act, are within a few steps of knowing who you are, and what your net worth is. Any "Pro" can make the necessary changes required to profit. Even if your information is not interfered with, this just makes it more difficult to access your personal info from here on in! The VA will make sure to that. The bottom line...WE ALL SUFFER FROM THIS CRAP!

When I worked at the local VARO, I was aware of ONE person that worked from home. There was a push to have more people "Work from Home"...a some sort of Telecommuting Program. This is UNEXCEPTABLE, and this recent event just supports this! If the VA want's to catch up on claims, they need to get their lazy asses in gear and start a SWING SHIFT!

JESUS H CHRIST...Here we go again with this GODDAMN VA! This DISORGANIZATION needs to be COMPLETELY REVAMPED!

Hi Berta!B) I'm glad to see that the DRO at your VARO works well for you. I guess that all depends on where you are located, and with that said, will determine how your claim(s) are viewed. I went through the DRO process in Roanoke, and they not only took more time to figure everything out, but my claims were STILL denied. According to my SO, I DO have a valid claim, and he often is bewildered at the decisons rendered at this RO! One thing that I would like to point out, is ANY & ALL information submitted to the RO, BVA, Courts, etc... by a claimant, is admissable for the decision of your claim. To WITHHOLD any evidence in deciding a claim is a VIOLATION of the Law. See if any of these "Pleases your Palate"... See: 5 USC § 552. Public information; agency rules, opinions, orders, records, and proceedings See: 5 USC § 552a. Records maintained on individuals See: 5 USC § 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision Now, I know it's a lot of reading, but it is quite interesting if the VARO WITHHOLDS any pertinent info. If it is a DELIBERATE withholding, and you can prove it, see: 5 USC 552a (g)(4) When it comes down to it... You really don't have to talk "VA Legalise" with the attornies. The purpose of an Administrative Review is to see if the RO did it's job properly. I had applied several different 38 cfr's to a few of my claims. The question is, did the RO acknowledge them...OR, Ignore them? It's obvious that they IGNORED them! I even researched and gave these people the Address & Telephone numbers of manufacturers (Zimmer Corp) to confirm that my 1151 claim had merit if they would just confirm by calling this number. I was STILL denied! Case in Point... My 1151 claim pertains to a procedure that took place in 1977, when a VA QUACK, attempted to remove three metal screws out of my left hip. I was diagnosed with a penetrated screw into the Hip Joint Space (Acetabular). Zimmer had manufactured the Knowles Pins, and they come with retaining nuts to prevent any sort of shift (a sort of locking device). The VA QUACK, could not remove the pins, SO, what this dipsh*t does, is he left the nuts off, and clipped the pins even with the bone (femur). This procedure did NOT correct the pin penetration, but, in addition, would prevent any other doctor to remove them! There was NO way they could grip them! Furthermore, another pin started to shift a few years later! Meanwhile, I had an MVR (Non Service connected) and I suffered an L-2/L-3 compression Fx! The gait, has caused my affected vertebra to heal improperly...NOW, I'm suffering from a Nerve impingement affecting the nerve endings to my legs! The VA did, and still does not see how all connect!? Hobby had mentioned that he submitted 50 or so pages to explain his condition. He was Conservative. I, on the other hand submitted 200+ pages of documentation explaining how gait causes pelvic tilt, & how that, in time, affects your spine. All my exhibits were from the University of Maryland, Ortho web sites, Mayo clinic, etc, and not from message boards, or Joe blows orthopedic...These are all reputable facilities! The VA doesn't see it that way. In fact, the response is considered as "Lay Evidence"...implying that I'm a dumbass, and don't know what I'm talking about! It's apparant that this case is going to TRIAL! Last, but certainly not least... I was approved for SSDI. I didn't even require a hearing. When the Administrative Law Judge saw my last submittal (MRI) she IMMEDIATELY rendered her decision as FAVORABLE! When I submitted this to the VA, I STILL don't qualify for Unemployability!? What gives with these BRAINDEAD ASSHOLES??? BTW...My EEOC case is still pending in Federal District Court. The DOJ (VARO's defense) has "somewhat" admitted that I did PROVE something (I'm thinking disability), but they didn't disclose anymore than that. I proved that the Management at the RO committed Perjury, and the regional counsel will most definately be disbarred! :D

Good Morning Fla Viking... I couldn't AGREE more!!! I had stated time & time again, that the DRO process is a TOTAL WASTE OF TIME! A few points to elaborate on... First, I have noticed, in my dealings with different agencies stating that: "The case is reviewed in a De Novo Basis"...Is a CROCK! Nine times out of ten, it is reviewed in a "Light most Favorable" to the agency, NOT the Claimant! This is supposed to make you feel all Warm & Fuzzy inside...THAT'S IT! Secondly, you had mentioned: "My observations and personal experence is they hardly ever do what the regulations say at the RO level." On the contrary...They DO what the regulations say on the RO level, BUT against the Veteran, complete with further delay tactics! These DRO's (key words) "WORK FOR" the Veterans Administration...NOT the Veteran! Additionally... Back in January, I was so disgusted with the "Loop Treatment", so I insisted on an "Administrative Review". If I'm correct in assuming, this is 38 USC 502...JUDICIAL REVIEW. I asked for this TWICE (Jan. & Mar.), and used BOLD LETTERS. This is PROOF, that Veterans responses/issues are ignored, being that it is STILL at this "G-D" RO!!! Third, it appears that I'm caught up in a loop, therefore, I am preparing for TRIAL in Federal Court. I'm fed up with the Bureaucratical bullshit of this agency, and I'm seriously considering a MAJOR LAWSUIT to settle for a HUGE settlement, & to be dropped from the roles. Life is to short to deal with incompitant people who are forced to resolve claims in a Light most favorable to the VA. Furthermore, I would rather deal with more compitant doctors, than the substandard "Civil Servants" of the VA, WHO, could not cut it on their own. In conclusion... It's apparent that the VA IS NOT for the Veteran. This incompitant agency couldn't give two shits about them. If half the population was made aware of the crap that this agency gives to Veterans, our enlistment roles would drop to ZERO (It's heading there now)! One last note to consider here... I have realized that dealing with any agency in the GOOBERment, is similar to playing chess. If you can anticipate their next move...CHECKMATE! I DELIBERATELY failed to MEET their deadline to submit additional evidence & NOD. When they inform me of this, my response is my PRIOR SUBMITTAL of an Administrative Review, and their BLATENT DISREGARD to my claim & DENYING me the right to the Due Process that I had previously requested. B)

Hey Berta! I do wish you success! For some reason, the VA is "Lilly Gagging" on the "Due Process" development aspect of claims. I would contribute this to the somewhat new criteria of Adjudicators having to process more claims per, hours, days, weeks, to fulfill their job duties. This puts a lot of Vet's on the spot, because, the Adjudicators, WILL skim over important issues, thus, forcing more appeals. The overall problem is the Gung Ho mentality of management to "Meet the Numbers" ("X" amount of claims per ???) so that they receive a QUOTA BONUS! This BONUS is the reason why Veterans are getting shafted, AND, is a MOTIVATING factor as to WHY I was terminated! I presented that as a "Whistleblower" claim..."Gross Waste of Funds, & Gross Mismanagement". Think about it! I dropped that case, because, I wanted to concentrate on the BIGGER (paying) EEOC CASE...HOWEVER, it is not forgotten! Nevertheless, THAT DAMN BONUS is a primary cause as to why Vet's are getting shafted. If these stupid RO's would hire more personnel, and go "Paperless" (to reduce real estate), then the VA would become more efficient, AND process claims in a "Light more Favorable" to the Vet's! Another "Tidbit" of info, is the fact that not everybody at RO's uses COVERS. When a Vet submits any evidence, and the folder is waiting somewhere to be processed, if employees do not "Cover" the file, that delays the claim. I have seen this FIRST HAND, that I could not find folders, because some IMBECILE failed to cover the folder (letting me know where it is)! I used it RELIGIOUSLY! Another important issue here is, adjudicators holding on to folders that are pending further evidence and they're sitting on someones pile in their cubicle! I often found PILES of files sitting on floors, credenzas, in drawers, tables, etc...! It should be in the cabinet! This MESS, is QUICKLY CLEANED UP, when word of a visit from an official from Washington is due to arrive though!!! That in itself, was the reason WHY a "Class Action" would open their eyes. If this is exposed, then they would reconsider the unrealistic demands required by management for others to meet the numbers. If you check on this, you will see that I'm right. Adjudicators have to meet unrealistic numbers to keep their job. The easy ones, get their "Due Process"...it's the more complex one's that get shafted, and are placed in the RO "LOOP"(constantly recirculated). Take Care...& Best of Luck!!! B)

Hello again "JR"! Yeah, "Been there Done That"! I've been through 3 years of dealing with this crap!!! I've been questioned by... ORM, OPM, EEOC, OFO, MSPB, OSC...!!! You name the agency, I probably have corresponded with them! I've learned more about the Gov't in the past three years...SHEEEEEEESH!!!!!!!!!!!!!!!!!!!!!!!!! Anyway, you're RIGHT. The defense has used the Toyota Motor Mfg. -v- Williams defense to QUASH disability...HOWEVER, for any of you reading this consider something here... Briefly stated, Toyota v Williams regards a woman who filed for Disability, for Carpel Tunnel Syndrome, and the attorney for the case stated that this Woman should not be considered as disabled, because it doesn't effect a (Key phrase here): "A MAJOR LIFE'S ACTIVITY"! Somehow, believe it or not, I agree. A Major Life Activity, would be considered as the inability or difficulty in: Walking, Breathing, Seeing, Caring for one's self, Working, etc. MY Argument and I stated this in my brief (and this involves my KNEE by the way)... "I noticed that the defense is using the Toyota v Williams approach in attempting to discredit my disability issues here. I would like to address this by saying that, Toyota v Williams should not be used as a comparison to this case being that My Major Lifes Activity affected are my inability to WALK, not the inability to hold a frying pan! The difficulty of sitting on a toilet, has an effect on a 'Major Life's Activity'!" Yes, I wrote that in...Think about it. If you have difficulty bending your knee, how can you enjoy taking a dump!? (hahahahaha). I also stated that, at times, I couldn't even bend my knee to put on socks & shoes, scratch my foot, wash my foot, squat to pick something up, kneel, etc. What I'm saying here is that the defenses argument is comparing my lower extremities to an upper extremity body part...Your knees support roughly 75-80% of your body weight. Your wrists don't. So, when the defense uses this case, in effect, it's just comparing 'Apples to Oranges.' If ANYBODY suffers from a lower extremity problem (eg: Hips, Knees, Ankles, feet), this case cannot be used to compare. Hey, a wristband works wonders. What do you use for hip pain? A Girdle? Now, I know why they're using it...to prove that I'm not as disabled as I claimed, yet, when you consider that OWCP pays you (While you're out), and uses "Lingo" on their forms depicting "Total Disability", then you can be considered as "Totally Disabled", at least temporarily! It's funny, because in all this time, the RO has been stating that I wasn't considered as "Totally Disabled"...YET, I received a cover sheet, from the same RO that specifically states: "10/22/02 Physicians Report--'Complainant totally disabled' 10/07/02-10/22/02"... & "11/04/02 Physicians Report--Diagnosis of Plica Syndrome---RTW(Return to Work) 12/16/02; total disability 11/01/02-12/15/02". That, in itself tells the story. During those periods of disability, the management of this POS RO, had devised a "Bad Work Record", to warrant a termination. I did NOT receive ANY notification of intent to terminate which, is required under 5CFR 432.104 & 432.105! I was entitled to appeal any decision made by these PRICKS, & was suppose to receive a thirty day notice. They FAILED to do so. They also performed this fiasco WHILE I was out! I was also terminated DURING a VALID OWCP claim, and was in the process of receiving medical care (P/T)! It was a BAD MOVE on their part...!!! In short, they're SCREWED! The DOJ is handling this case in Fed Court. The primary reason for this, is because the RO's counsel had submitted FALSE info & created fraudulent Affidavits to Administrative Law Judges! YES, she had been named as a defendent, & I'm recommending that she be DISBARRED for violating the "Model Code for Professional Conduct" Rule 8.4 "MISCONDUCT"! I do feel for the DOJ. They have a case that is very difficult to win. I'm in the Summary Judgment stage, which is the deciding factor in any case. I DID pull out ALL the stops, & the "Big Guns" are now out! This case has so many issues, that now I have to drop the nitpicking issues. I am unable to fit it all on eighteen pages (double spaced)! They allow for twenty pages, but the two pages are for a cover sheet, & Certificate of Service. B) My PRIMARY goal here is proving that the defense's argument (or reason for termination) is PRETEXTUAL. I'm just hoping that I didn't miss anything... Oh, BTW, I DID also list "Rehab Act 501", however my SC disability was not the factor here, and YES I had stupidly mentioned that in testimony. I can conceivably "Tie it in", because of my left leg condition, and it involved my atrophic leg (past hip problem). The only thing I mentioned was that my HIP (THR) wasn't the issue here...however, I didn't mention that I DO show & possess signs of atrophy! Take Care!

Hey "JR"... I just received the response from the opposition, and GUESS WHAT??? They're filing a "Summary Judgment"! (Oh...I'm soooo surprised!) In it they are just saying the same thing that the original regional counsel had stated! They also included a couple of interesting "Tid Bits" accusing me of not conversing with a EEO Counselor when the discriminations first arised. The problem with that is that I wasn't aware of the actual violations UNTIL I was terminated!!! That's just ONE bogus argument! Nice try though, Huh?! They want ALL charges dropped! (hahahahaha) It's NOT going to happen! Anyway, I got a lot to do. Oh, one last note... They introduced the Toyota v Williams case note...AGAIN! God almighty...Talk about comparing Apples to Oranges to argue what level of disability you are under, as is stipulated under the ADA. This case note is STUPIDLY used, and in this case is irrelevant! How can I conceivably be considered as NOT being disabled under Toyota v Williams, when this case is involving someone's wrist (carpel tunnel)? How can this case relate to mine, involving the lower extremities?! Anyway, got to go. Take Care!

Good Morning Berta! As I had stated in the past... A DRO is a means used by the VA to further delay a Veterans claims. AVOID the DRO process & FORCE the VA to hire more Adjudicators & rating specialists. A DRO DOES NOT view the file in it's entirety! If so, why isn't the file viewed in it's entirety in the Adjudicator process? They CAN'T! Everybody is obligated to review "X" amount of claims in "X" amount of time. Doesn't the DRO also have to abide by the same quota?! IF a claim is to complex to review, what makes anybody think that a DRO will decipher it any faster &/or more accurately? That's what the VA wants you to think! What I find puzzling, is the message that the VA is sending to everybody advising people to use the DRO process. This tells me that the Adjudicators ARE NOT viewing claims in it's entirety (as they claim), and if they are...They (Adjudicators) are "Skimming" over important issues, in cases that require "Attention to Detail"! I personally PUSH for BVA, because first, Life is to Short, secondly, the BVA REMANDS any discrepancy, and the RO has to address the issues at hand (addressed by BVA), OR third, the BVA either APPROVES or DENIES the claim (that all depends on the strength of evidence submitted & your way of EXPLAINING it to the board). DRO reviews are BS!