broncovet

I think by "outside" you mean a private practice physician "outside" of the VA. That is, an IMO/IME. As Berta has pointed out, the VA cant ignore "outside" medical opinions. (But they do anyway, and then they are usually reversed upon appeal). To explain, my suggestion is that if your doctor wont supply a nexus statment, and you cant afford a private practice IMO/IME, then simply try getting another VA doc to supply your nexus statement. To find a "Veteran friendly" doc, try talking to other VEts in your VAMC and see if they can recommend a "Veteran friendly" doc. Then, go to the VA and tell them you are not happy with .......Doc, that you would like to switch to Dr. .................. Most of the time you can switch..they just cant make you keep going to a doc you dont get along with. Its just an idea that I am trying to help..if it helps you, great. If it does not, feel free to do anything else that works for you.

Dont forget about the "constructive notice" rule under Bell. I think this means that even if they did not have your records, the VA is assumed to have them, and when they omit stuff, it constitutes CUE, possibly getting you an EED. I assume that your goal is an eed, correct?

Sure hiring an IMO is preferrable! But Vets with little or no benefits often can not afford it! I am saying if you dont have the money, go seek another VA docs opinion. But, if you have got the money, by all means get an IMO. Or, if you are Bill Gates and dont need the money, just plain skip the VA it isnt worth it, and hire your own doc. IMO's and IME's often cost thousands of dollars. Altho they may be worth it, if you dont have it you cant get blood out of a beet. And, if that Veteran must choose whether to provide food for his family, a roof over their head, or an IMO, then choose food and forget the IMO/IME.

Well, I would do it Berta's way, except "cheaper". Let me explain. Some VA docs are more "Veteran friendly" than others. If yours wont provide a nexus, and it sounds like he wont, ask for a change of doc. Tell the new doc your side of the story as to why you think your depression is related to military service. Always tell the truth. But tell your side of the story. Then ask him for a nexus statement. Check his report. If no nexus, get another doc, until you get the nexus statement, that is, until you find a "Veteran friendly" doctor. An IMO would serve the same purpose, but would cost more money. So, just change docs in the VA. You do not have to give the VA a reason why you changed docs, but you can be bold and say that doc is not "Veteran friendly" if you like. IN most VAMCs there are multiple docs and ask at your VAMC how to change the doc. I happen to know that there is a law firm in my city that gets (mostly social security and workman comp) benefits in that same way. They simply send you to a doc they know will "favor" the Veteran. The reason my method is cheaper is because, often a private practice IMO or IME is expensive. However, changing VA docs should not cost you anything. JMHO You might be able to save some time by talking to some of the Vets who have been around your VAMC a while. Talk to them in the waiting areas, the lines, etc. Ask em about "veteran friendly" docs. A few of them may tell you. A vet helped me..and now I am helping you.

Delta I love the post. I did not yet have time to read it all, but it was very, very good, what I did read....found answers to questions I have wondered for a long time. Yes, I agree with Berta in that you would still need to research to see if the newer cases over ride the stuff that was there, tho.

IMHO the reason the "doctrine of equipose" does not work at the VA is because the VA choses not to apply it because every Veteran is assumed to be "guilty" of not deserving his benefits. In other words until/unless he can "prove" otherwise, he gets no benefits. No Veteran is ever paid any compensation until/unless he can "prove" he is entitled to benefits. In law, that would be like throwing someone in jail until they can prove innocence. So thats like saying, "Ok we are holding you in jail until you can prove your innocence, but if you can at least prove that you are "at least as likely as not" innocent, we will let you go on bail. We will use the 50/50 standard. The problem with this is how do you prove you did NOT kill someone...well lets see...I dont own a gun...gee yes, I could have borrowed one..but he was my friend so I had no reason to kill him...I tried to find witnesses to prove I was NOT there, but I was asleep at the time, and living in a different country.....oh, I know, I would have had to have flown there, shot him, then retruned and there are no records of me flying...oh, yes, I guess I could have chartered a plane..but how would I have afforded that...Oh, how about DNA? Oh, right my absence of DNA does not prove I was NOT there, it just proves I did not leave any DNA on the scene...Wait a minute! This is America! Veterans fought so YOU HAVE TO PROVE my guilt..I dont have to prove my innocence! Well, that is, for everything EXCEPT Veterans benefits, and then its guilty until proven innocent.

Bill The closest I can find is here: http://knol.google.com/k/jim-strickland/a-military-veterans-guide-to-disability/i4hm0dxfnnzs/11# Where you scroll down and read number 4 dealing with CUE errors.

RSG I found this to be the RO's "response" to the evidence shredding scandal. Rather than face this demon, the VA keeps the Veteran in the dark by procrastinating virtually forever in giving the VEteran his copy of c file. If you dont have the copy, you wont know what is missing.

RSG This is not suprising. I had trouble getting my C file also..finally getting it more than a year after requested. Interestingly, I received a file about 3 inches thick, when my version was more than 15 inches thick. This means that thousands of pages of evidence was destroyed by the VA. I sent an IRIS inquiring, basically, "Where is the rest of it", and they gave me a vague general answer suggesting that they dont send copies of "everything".

I wonder if they explained to the Lexington Veterans that VA health care is superior to that in the private sector, according to the VA's own report card. So, if Veterans get exposed to AIDS and Hep in VA hosptials, I wonder what would happen to them if they went to one of those "inferior" private hospitals. If I went to a car dealership and the salesman was touting the benefits of Hyundais, then later drove off in his own Ford, I am not sure I would beleive him. In a similar way, the politicians tout the VA as "World Class" giving themselves an A+, then, when the politicians themselves get sick, they stay far away from a VA hospital. Are we supposed to beleive them when they wont use a VA hospital? When I see one of the Obama's in a VA hospital, getting care, then I will I listen to their "world class health care" mularky.

First, try being nice and go to your VSO and ask him to write you a letter explaining your position. If you have tried that route a few times, and the VA keeps avoiding you, Sometimes you just have to stir up a hornets nest when the VA refuses to follow its regulations. You can try any of these "hornets nest stirrers": 1. File a Writ of Mandamus. It will likely be denied, but you put the VA on notice that you arent going to put up with it anymore. 2. "Stir up a hornets nest" on IRIS. Send an IRIS email with a very bold heading such as a vawatchdog article on the shredding incident: http://www.vawatchdog.org/10/nf10/nffeb10/nf021610-3.htm 3. Go to va vantage point, and get their attention by asking your questions there, in the comment section: http://www.blogs.va.gov/VAntage/ 4. Send them a 21-4138 where you have an "eye catcher" in Bold Letters, such as: THIS CLAIM IS URGENT. Do not put it down put "work it" or ask your supervisor about it immediately.

ulooking If you use capitals and periods, it makes it easier for us "old guys" not all that used to texting to understand exactly what you are posting and you are likely to get a better answer. It sounds like the BVA has already awarded you benefits, and you are trying to get the RO to implement the BVA award, and they are dragging their feet. I know, because they have done the same thing to me. Try reading this training letter on RO implementation of BVA decisions: But, of course, I know where you are coming from...what to do when the VA just decides to go their own way and forget the regulations. APPEAL, APPEAL APPEAL. So what happens when you appeal, get a favorable appeal award, the the RO still refuses to award benefits. You have to appeal AGAIN. If you read this fast letter on implementing BVA decisions, you will see that the VARO is supposed to implement them immediately. Obviously they did not do that, but at least you could email Brad Mayes, email address in the fast letter, and ask him why your implementation is being delayed, in spite of his fast letter.

I think your odds are better than 50/50 as I cant see why the telephone people have an incentive to make stuff up like that. However, as has been pointed out many times, the information given at the 800 number is notoriously unreliable. My suggestion: Take this time to plan on how you will wisely spend the money, probably to include investing some of it. Go talk to a stock broker, if you like. Figure out your goals, especially if it a situation of "when" not "if". Dont do like many do and live payday to payday but instead live your life as a squirrel, squirriling away nuts in the rich times knowing that when it snows, you will still have nuts to dig up.

Phillip Perhaps the 2 PTSD 100% awards could be used to your advantage, Philip. Remember, that after a decision is one year old, it becomes "final" independent of whether that decision is right or wrong. The VA would have to appeal it as a CUE. However, the VA can not appeal BVA decisions and cant appeal their own decisions either. ONLY the Veteran can appeal RO or BVA decisions. The courts were set up for Veterans to appeal adverse decisions, not for the VA to "fix" their mistakes. I really dont know how (or if) the VA can "fix" its own errors in decisions that are favorable to the Veteran. I realize there is "CUE" but the cases I have seen are always the Veteran initiating the CUE and never the VA trying to say, "Gee, I awarded you too many benefits in error". However, if there is "something fishy" then I know the VA can reverse Veteran favorable decisions, such as maybe that guy was not a Veteran at all, or if his discharge meant he was not eligible for benefits, such as a dishonorable discharge. But I am not sure the VA can easily "unaward" 100% even if they think he should only get 30% later, without going through the "reduction" process. In the "reduction" process, the VA has to show that the Veterans condition improved...it is not enough that another VA decision maker thinks that the Veterans condition never warranted 100% in the first place.

My advice, Mike is to chill. Obviously there is not much you can do about it, so when the going gets tough, the tough go fishing. Yes, I know you want to strangle some $71,000 per year VA employee who got their Christmas bonus and shopping early, while you didnt get yours. I have been through that for years. Take your revenge out on your politicians at the voting booth. Fire those responsible, and dont worry about "collateral damage". Just get rid of them all.

Oh, and I may add this: Paranoia, which could manifest itself as a "fear of retaliation" by the VA, could well be one of several symptoms of PTSD/depression. One poster said somthing like, "Is it paranoia when the people you fear are out to get you, REALLY ARE?" ...I think that is hilarious....

Of course, I dont know if that VA employee who was fired in the article was fired for retaliation, or for other reasons. The fired employee may have been a bad one that deserved to be fired, and it was pure coincidence that him sending the email informing officials of the sterilization deficiencies occurred at about the same time as the firing, but I will agree that it sure looks like a "retaliatory firing". One thing that bothers me is that the "whistleblower" act is all about EMPLOYEE retaliation, and, as far as I know, there is no regulation prohibiting the VA from retaliating on Veterans who just "might" be upset that their benefits were delayed 10 years or so, for example. It is certainly up to you, Berta, as to who you choose to help assist with their claims. Obviously you cant help EVERY one. I feel it quite an honor, Berta, when you answer my questions, as we all know you are the most knowledgeable Veterans advocate on the net. Berta, I have an IDEA as to where that Vet may have gotten your phone number. I recall reading a post which had an attachment to it about a decision or similar VA type letter, and I was suprised to see that it had your address on it, Berta. I didnt think much about it at the time, and figured it you dont care who has your address then who am I to dispute that. However, if they have your address, it isnt a big jump to get your phone number, IMHO. If this is important to you, I will try to find it again..but you may better know what letter or post I am referring to. Maybe you forgot to redact your name/address...I dont know. If you dont want your address disclosed, then maybe you out to at least redact your address out of that post.

Unless I am missing something here, doesnt Susan need to file the "substitution" form to continue her hubbies persuit of his claim after death and THEN be awarded DIC? Altho this may be "the long way around", there may be a benefit to Susan, if "I have it right". The benefit to Susan would be that she could collect the benefits TWICE. 1. You could collect the benefits that your hubby was entitled to. 2. You could get your DIC benefits you are entitled to as his spouse.

The VA's interpretation of the "benefit of the doubt" regulation: They "Doubt" the Veteran is going to get any "benefits".

Berta Yes, thank you. Here is the link: http://www.vawatchdogtoday.org/ IMHO the accountability lies on Shinseki's shoulders, because this is not the only VA hospital with "VA Infectionitis", and the only thing they are doing about it is to fire the employees that dare to complain, trying to "make it right" with Veterans. If the VA can flaunt the "whistleblower" act in that employees face, and fire him with immunity due to the large resources of the VA, then what is to stop the VA from also retaliating on Veterans?

"Case Closed" on ebenefits site does not mean a lot. Sure, you can check your bank account and wait for a letter, but my ebenefits site has said my claim was "closed" for months and still nothing. Of course, as already said, neither IRIS nor the 800 number are all that reliable of information either, so the VA wonders why so many angry Vets when we cant even get accurate information. Ebenefits is pretty much in "beta" which basically means it is in the testing phase, so the info there is sketchy and incomplete. Others have asked about ebenefits reporting "case closed" and there has been mixed results. There are a few things you can try: 1. You can go to your VA hospital and do a means test and ask them to check on your rating. They may hear before you get the letter. 2. If you are in voc rehab, your voc rehab counselor can sometimes find out before you get the letter. 3. Some VSO's have online access to your account and can tell you early.

Yes, by all means file a NOD. You can elect a DRO review or hearing. Some have had good luck with hearings because you can say, "Hey....where is my evidence for .......?" In most decisions, the Veteran does not really know what evidence the VA has. Oh, yes, there is an evidence section in the decision, but often it is very vague, such as "Veterans medical records from 1 Jan 1904 Through 3 Jan 2011".... If you do go the "hearing" route of appeals, then expect it to take longer. Someone suggested a phone or video conference hearing. Make sure you file the NOD before a year from the decision date. It is also possible to do a "Motion for Reconsideration" if you think they did not have all your evidence. Sometimes MFR's can go faster, but remember a MFR is not a NOD, so if you dont get an answer on your MFR before eleven months after the decision, file a NOD. Dont let it be one day late as the VA loves to deny based on late filing of the NOD.

St. Petersburg RO is one the 5 WORST RO's along with Cleveland, Detroit, New York. I think there is dispute as to which other RO deserves the "5 worst RO's spot". Bay Pines is also usually in Veterans News, and its almost never good news.

Notice of Disagreement I disagree with Pete being sick dated Jan. 3, 2011 and desire a DR Review, on the following issues: 1. Diarrhea. This illness is unnecessary to the proper rating of the claim. 2. Dental Conditions...Also unnecessary. 3. Weakness. This condition is particulary troubling and should be a CUE on the basis that this weakness means that the Veteran is unable to maintain substantial hobbies such as being a big help on hadit. 4. I am also apply for a Later Defective Date (LDD) on all illnesses, preferably not before year 2080.

Yes. You need to listen to your wife. The VA does not need that excuse to ignore your evidence...they have been ignoring and shredding Veterans evidence for years, and do not need excuses to mess up your claim. But..I would hold off on panicking, because there is a slim chance the VA will get it right and you will have panicked for nothing. When/if the VA lowballs or denies your claim, "This is the perfect time to panic" (Quoting Woody on the Movie Toy Story)