broncovet

Tag and Bag is right..The Department of Veterans Affairs, between 2006 and 2009 INCREASED the backlog of Veterans claims and then patted each other on the back for that, awarding $24 million in bonus money while Veterans are becoming homeless and committing suicide at an alarming rate. I just cant wait for the Va to say this is an isolated incident, that corruption is not widespread througout the VA. Hillary Clinton already said that the New York RO was corrupt, and now the Central IT department is corrupt. Are we to beleive that our own Regional Office is somehow not corrupt, even tho 40 of 57 Regional Offices were CAUGHT shredding Veterans evidence? There is no guarntee that the other 17 RO's did not shred evidence, they just did not get caught. It may just mean those 17 RO's are better at cover up than others.

While Veterans are waiting for months or years for the VA to process disability claims, the VA employees are generating large bonus checks: http://www.sfgate.com/cgi-bin/article.cgi?.../w142743D10.DTL

It is very predictable what will happen next. The VA will either: 1. Say nothing or deny the allegations. 2. Say that this is an "isolated incident" and that no Veterans were harmed as a result. They will say this corruption is ONLY in the IT department, and not the mail room (where documents were shredded) and the rest of the VA, and that it was clearly NOT VA managements fault, rather it was the Veterans own fault. Remember the cardinal rule of VA management: When in doubt, BLAME THE VETERAN. 3. Say that they are taking corrective action, and it will be BACK to Business AS Usual.

Well, now we know why our legitimate claims are denied, and we have to appeal for years just to get what is due to us. VA employees are stealing the money, and the last I checked money does not grow on trees, so this money has to be made up somewhere: Thus legitimate Veterans are denied benefits, so that VA employees can steal large bonuses. These crooks are not stealing money from the government, they are stealing this money from disabled Veterans. No wonder why those rating specialists are so stingy awarding our benefits, it is because its not the governments money, it is their bonus money. Here it is: http://www.vawatchdog.org/09/nf09/nfaug09/nf082109-1.htm (The above link may not work all day Friday while vawatchdog.org is doing maintenance) My thanks to Larry Scott for watching out for us. Now maybe the politicians will have to do something to fix the VA.

Frankly, I think the VA is being more than a little bit ridicilious. If a Veteran looses other organs, say maybe gets his legs blown off, is the VA gonna say his condition "improved" when he got artificial legs, because he was able to learn to walk, and cut his disability? This proposed reduction is more of an insult than anything else...JMHO You just dont "improve" from the loss of an organ. The Veteran needs to fight this, tooth and nail. Once a body part is lost, the Veteran merely adapts to this loss of organ and compensates in the best way possible. I think the reason you cant find any precedent is that no idiot government bureaucrat has ever even considered this insane and inhumane effort for the government to save money before. I can see it all now..."Grandpa, we are cutting your disability benefits because you are able to get around much better now with your new seeing eye dog and your new power wheel chair." If I recall, the VA has to have the C and P "physician" (or at least a QTC quack) lie and say something to the effect "The Veterans loss of organ materially improved" in order to have this reduction of benefits stick. I dont know how long this Veteran has been SC'd...but if it has been a while, ONE lying QTC quack wont cut it, either. They would have to have at least TWO lying QTC quacks say that "the Veterans loss of organ materially improved. " If they do get TWO QTC quacks to lie for money, then both of those quacks need to be investigated as that statement contradicts known medical knowledge..body organs just dont grow back..if your heart or kidneys fail, you get new ones, try to get by temporarily with dialysis or artificial heart, or you die. Period.

TagandBag There is no doubt that Filner is right on this one. Military personnel begin their career as the healthiest, most fit Americans and the military and the VA turns this same healthy/fit lot into the highest suicide level and highest homeless level of all groups. The high suicide level for Veterans could be accounted for by the military, however, the high homeless level in Veterans is surely the result of the VA's claim "process". How can the VA possibly account for this dramatic turnaround, other than the VA's own mismanagement? That is, why are yesterdays most fit Americans, todays highest risks for suicide and homelessness?

I do not know anything about transplants, however the regulations state the VA must show that the SC condition has improved for a reduction in benefits to happen. How do you "improve" from a transplant? Do you become "un transplanted"? I dont think so. Generally, I would suggest writing a letter stating that the Veterans condition has not improved, he continues to receive treatment from a transplant. JMHO

I have two options to fix virus problems. One is a permanent fix, the other works, but requires continious updates and maintenance. 1. Temporary. Go to www.majorgeeks.com and download "anti vir". Antivir uses less resources than AVG (slows your computer down less), but is still very very popular. My experience is that "free" antivirus software protects better than "home" MacAfee, or Norton. The Enterprise versions, however, of MacAfee/Norton are much better. Unfortuanately, you and I probably can not afford the enterprise versions, so antivir is the next best among the Windows based antivirus software solutions. 2. Permanent. There are at least 110,000 virii that infect exclusively Microsoft software, so the permanent fix is to dump Microsoft, or at least dual boot and use MS only when running software which requires microsoft OS. The good part is there are several very good Linux based software versions which are superior to Microsoft and are "open source", that is, free. One such free operating system that I like and use is Kubuntu at http://www.kubuntu.org/getkubuntu Notice that you can even get a free CD there..yes, the shipping is free too. Some good things are free..VA benefits, are free, for example. Another outstanding free operating system is Linux mint, also available for free at: http://www.linuxmint.com/download.php You need to "unthink Microsoft". For example, if you download either Linux Mint or Kubuntu and burn the CD/DVD you can run them live on your computer. Microsoft likes everyone to think there is no such thing as a live operating system CD, because MS operating systems all require installation to the hard drive. With several of the Linux versions, however, you can try the operating system from the CD rom drive and do not need to remove your old Windows operating system to try it and see if you like it. Of course, running Linux from a CD rom will be slower than running Linux installed to your hard drive, but you can still try it and not wipe out your present OS. Try it! Another very very good thing about Kubuntu Linux, for example, is that you can take a blank hard drive and be online with Linux in ten minutes or less! Yes, its true I have done it! You stick the CD in the CD rom drive, and click the Firefox icon and poof..you are online..YOU DO NOT HAVE TO WAIT FOR HOURS TO INSTALL THE OPERATING SYSTEM ON THE HARD DRIVE!!!

I am familiar with at least TWO companies (I am sure there are more!) who do not provide a reason for firing, or even that they were fired. They simply say employee smith worked jan 17, 2009 through July, 2 2009. It could easily become a legal night mare for the company. At one company I worked for, we were Forbidden to give the reason a person no longer worked there..you were to refer those questions to our company's legal department. Employers know there is no one angrier than a fired employee, and he/she is sometimes looking for any reason to get even with those who fired him. Sample firing Explanation letter: (hearing loss) I was fired from my job at xyz company. However, it is the companys policy not to give anyone outside the company firing details that may lead to a lawsuit, so those pertinent details are sealed within the company. There is no doubt in my mind I was fired due to my SC hearing loss issues. In one incident, I mistakenly thought my boss said to ____________, when he really said to __________. This led to a lot of problems. In another incident a customer was upset and called my boss because she thought I was "moving in on her" when I could not understand what she said, and moved closer to try to be able to decipher what she said. Being Hard of hearing, it is easier to understand what the speaker says the closer they are to you, so she interpreted me moving closer to her to understand what she said as an unwanted advance. It is company xyz's policy that communications are critical. For example, people who are not fluent in the English language are not hired for my position, as excellent communication skills are mandantory to meet our companies goals.

Sometimes I think hadit needs a parrot that says: "Your doctor needs to offer a medical opinion something like, "Veterans elevated PSA level and prostrate cancer was most likely incurred during military service 3 months ago." You need a "nexus" statement linking his cancer to military service for service connection. However, if you are interested in the cash for clunkers program, I do not recommend a Nexus. I would consider a Malibu.

The below reference regulation was cited in this case: http://www.va.gov/vetapp07/files2/0711166.txt

IMHO the employers statement wont be that critical. Why? Do you really think any employer would open themselves up to a lawsuit by saying something like, "I fired him because of his poor hearing". Lawyers would drool over a statment like that, and almost no employers would do that. They might as well give employees T shirts that say: "Please sue xyz company as they discriminate against the disabled". So, dont worry about what your employer says. Go to your doctor instead. If He says something like: "Veteran was fired from previous job because of his inability to get along with others, most likely due to PTSD from service" your in. Remember what "substantial gainfull employment" means. It is defined, I think, somewhere to be earning less than the VA pension amount..which is about $10,000 per year, plus or minus dependents. If you earn more than that, you have "substantial gainfull employment" if you earn less, then you are not "substantially" gainfully employed. SGA is defined by the regs: Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided, that if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. §§ 3.340, 3.341, 4.16 (2006). Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person.

No, this is not a "death squad" ...that title goes to rating specialists who put PTSD claimants on the hampster wheel through bureaucratic denials/ and red tape delays, causing the unfortunate PTSD Veteran to feel even more worthless..it isnt bad enough he has to deal with PTSD, but he also has to deal with the poverty crisis he is in, thanks to the DVA. Tens of thousands of Vets cant deal with it, and take their own life.

By the way, IMHO, Dr Blimes/Filner's "IRS Method" of approving claims right away would probably do more to reduce the one million or so claim backlog, plus stimulate the economy by giving this money to deserving individuals, than anything else we could do. JMHO..Unfortunately it is such a good idea, that it will probably never happen.

Thanks..Test..yes, I bet that was Dr. Blimes. I love it when I forget where I read something, and then...poof...you filled in the blanks for me. I really dont make this stuff up..

Tagand Bag.. Yes, Filner is not the first one to promote the "IRS method" of approving claims. I think the first one was a professor at an IVY league college, who pointed out that most Veterans claims are eventually awarded anyway. U know the drill.. Apply..get denied, file NOD, wait, DRO denied, file appeal, BVA denied, wait, CAVC...denied, file federal court...remanded to CAVC...CAVC remands to BVA...BVA remands to RO..and RO looses paper work so you start all over again. The "IRS" method means that if you apply for VA benefits, and if you have a verifable DD214 plus medical documentation, poof..you get approved in a couple weeks..kind of like the IRS sends millions of tax refund checks. My question is, why has Filner not introduced some sort of a "Veterans Claim Expediency Act of 2009" to do just that? What is he waiting on...Christmas? I think he has been on the Veterans Affairs committee for 20 years, so my question is why has he not acted, and it makes me wonder if this is all just talk.

Well, even if there is an "IU rain" I doubt if there will be enough to soak into this parched, dried ground of millions of homeless Vets, along with our brothers who have already taken their own life while waiting on their benefits. Remember, hadit members represent an extremely small sampling of the 25 million Veterans...or even the 1 million or so Veterans waiting on the VA to 'process" their claim. If I see the number of Vets waiting on benefits reduce from a million, back to about 400,000 where it was when the present administration took office, then I will begin to beleive in an "IU rain". If the number of backlogged Vets goes backwards..say to 200,000 or less, then I start thinking about doing a "I U rain- dance". I think the chances of reducing Veteran homelessness to zero in the next 5 years are nearly nil..as I said I will be happy if the backlog stops growing exponentially.

Hoppy This is my 2 cents. Although I can not recall where I read this, I recall reading about some of the higher courts scolding the VA on this particular issue. The VARO's LOVE to divide the claim up into multiple little claims..(you know..divide and conquer). However, the higher courts have stated that the Veteran is applying for benefits..and is seeking the maximum benefit whenever he/she files. By "chopping up the Veterans claim into little pieces" the RO wants to view it as One claim for depression, another for hearing loss, another for arthritis, etc. Even tho the higher courts do not buy this "chop job", the RO continiously keep doing it because it takes the Veteran years of appeals to get past it, and may not even notice they did that in the first place and never appeal. This benefits "chop job" has the net result in reducing the Veterans benefits. (You applied for hearing loss in May, 2002, but did not apply for PTSD until April, 2004 kind of a thing) You see, the higher courts do not expect the Veteran to be a doctor, and/or a doctor of VA benefits. He goes to his VA hospital and/or VSO and asks for benefits, often with no good ideas of what is wrong with him. Is he supposed to know that he needs to file a seperate application for hearing loss, arthritis, PTSD, etc. etc? The higher courts says he doesnt have to. It is the RO's job to "assist him" getting his maximum benefit allowed by law. They are not supposed to "look the other way" when he tells his Psyc doc that he got fired from his job and is unemployed, goes off on his wife, etc. etc..that is symptoms of TDIU, depression, possible PTSD. He does not know what TDIU, NOD, EED, or ALS, PTSD, or any of those other terms means, so he talks to his VSO and tells them he needs help. Then, he goes to his doc as he has trouble sleeping, goes off on his wife, and got fired from his job. This Veteran is seeking benefits..the MAXIMUM benefit. He is not required by law to be able to diagnose his own PTSD..and to know that TDIU is available to him because he has MDD. It is the VA's duty to assist responsibility to take his claim for benefits, and determine that when he told his doc hes was unemployed and got fired from his job for going off on his boss, thats an informal claim for TDIU. So, the RO recognizes this as a costly claim, so they chop it up. He is "merely" seeking hearing loss. PTSD and depression are seperate claims and he has to start the whole formal application all over again for each condition sought. Not so, says the higher courts..this poor Vet served his country and didnt even know he had PTSD and TDIU....how is he supposed to know to apply for it? Well, he doesnt need to know...VA claims specialists are supposed to get his medical records and say, "gee, this Vet is not only hard of hearing, but he is depressed and seeking TDIU also, because his statement to his docs are informal claims"...but the VARO's DONT DO THIS. They deny his "hearing loss claim" which was really a claim for benefits of MDD, hearing loss, PTSD, and TDIU. Or, the VARO may even award 0 percent for hearing loss, and simply ignore his informal claims for PTSD, TDIU, MDD. Then the Vet has a ten year appeal process that he has to endure to try to get his benefits, and he is probably just too depressed to even endure that..so, he becomes homeless and or committs suicide. I think the VSO's often buy into the RO's "chop up the benefits into multiple claims" theory, too, often because they havent been around long enough to actually see a Veteran get awarded PTSD, TDIU...etc on informal claims appeal after ten years. Its a tragedy.

You have to appeal, appeal, and beat the VA over the head to get them to do what they are legally required to do. They will violate the rules just to see if they can get away with it with you..they want you to have to appeal, because that gives them more time for you to die, abandon your claim, or to forget about the appeal. Even when the Veteran finally wins his claim, he looses because the VA got an interest free loan on his VA benefit money usually for years.

Hi and Welcome.. I do have a little advice. 1. Show up for C and P on time, and tell your doc about your WORST days..not your best days. If you got sick and puked on Friday, but felt ok on Monday, tell him about Friday! 2. Get a copy of your C and P exam ASAP, and also get a copy of your C file. 3. Look up the schedule of rating disabilities for your condition, also read CFR 38. A little extra work now will pay you rewards later. Do your homework! Getting VA benefits is a long drawn out frustrating experience and usually involves multiple appeals.

Clark 1. If you have received a letter from the VA proposing a rating reduction, then you need to write the VA and tell them why your hearing has not gotten better. 2. If you have NOT recieved a letter from the VA, make sure they have your current address as if they send that notice to your last address and you dont respond, your rating will likely be reduced. You have 60 days to tell the VA why they should not reduce your rating, but I would not wait until the last day. Hearing loss is measurable, and your audiologist will provide you with a chart of your current hearing loss. Compare that with your older charts to see if there has been any improvement. If it does look like your hearing improved, tell the VA its a mistake because permanent hearing loss almost never improves. (You can have temporary hearing loss..such as if you have an ear infection...however, temporary hearing loss can become permanent). My guess is that your hearing probably did not really improve, and you should be able to prove it with the numbers from your audiology reports. Frankly I think the VA are idiots to even try to reduce your hearing loss rating, as hearing loss almost always gets worse by about 2.5% per year, and never better.

Maybe I am missing something here..I dont have medicare but I dont give a rip if the Va bills medicaid, the Department of Agriculture, or Bill Gates for my care, and I cant see the importance of this. Who cares which government agency pays for our care, as long as we dont have to? I am confused as to why this would matter which government agency paid for our care, tho I would agree that the responsibility lies with the VA. I do care, however, that it takes years and years to get a claim approved, and that I was very nearly homeless while waiting for the VA to "process" my claim which took seven years, including appeals. And, I am more than just a little bit sure that many Veterans cant wait 7 years to get their benefits..they would wind up homeless, and/or many others take their own life. I would have like to seen Mr. Filner address a very real, and, life threating issue: Give Veterans their deserved benefits in a timely manner. I think that is 10,000 times more important than who/if another government agency gets billed for my copay/deductable. JMHO

Berta, I agree that this is a very, important case and should be read by each claimant. I am very perplexed, tho, as to how this important issue of the VA fraudulently altering the Veterans claim file seems to pass over everyones head. There is no doubt that the Veterans claim file was modified, fraudulently, but I cant figure out for the life of me why those responsible for altering the claims file were not punished. The VAOIG investiged the fraud, then dropped the fraud investigation just days after they heard the BVA's response. IMHO this makes the VAOIG look very, very bad, especially when the 9th court stated that the Veterans file was "fraudulently altered" while the VAOIG investigation concluded there was no fraud. It sure looks like a coverup by the VAOIG to me..what do you think?

Did anyone see the following VA "coverup" of fraud that they got away with, cited in this case? In bold are actual statements from this case: The Federal court stated, "The DVA conducted an investigation that confirmed that Mr. Cushman’s medical record had been altered" However, no action was taken by the VAOIG for this fraud: "The Office of Inspector General opened an investigation for fraud, but closed it three weeks later as unsubstantiated, two days after receiving the DVA’s response to the complaint." The ninth court saw it differently than the VAOIG, however: "The Ninth Circuit also found that Mr. Cushman’s medical record had been “fraudulently altered” and remanded the claim to determine whether he was entitled to retroactive disability benefits from an earlier date. Cushman v. Soc. Sec. Admin., 175 Fed. Appx. 861, 862 (9th Cir. 2006)"

Yep..beauty is only skin deep but paranoia goes clear to the bone. You need to file a NOD if you havent already, (for an EED) and, I recommend a DRO review. If it is any help to you, I also have recently filed a NOD for an EED because my BS is in MIS...(no..because their BS is aMiss.) (u were supposed to laff) 1. In Mingo vs Nicholson it states: “VA is required to identify and act on informal claims for benefits. 38 U. S.C. 5110(B)(3) (2006); 38 C.F.R. 3.1(p), 3.155(a). The Board commits remandable error when it fails to consider evidence that may be construed as an earlier application or claim, formal or informal, entitling the claimant to an EED See 38 U.S.C. 7104”