broncovet

T Bird I have a request to publish a hearing loss manual that the VA published in 2002. The VA has removed this from the public, so that Veterans cant use it to win their claims. I would like to post it here, but, it is too large to upload, as it is 4.2 mb and your maximum is 2 mb. Even when I compressed it, it was still more than 2 mb. Do you have any ideas on how I can publish this adobe (.pdf) file so that this may help a Veteran possibly win his depression/hearing loss claim?

JMHO I think you should look through your VA medical records. If you told your doc you were unemployed, and he documented that in your file, I would apply for IU, in order to maximize your retro with something like this: I am submitting my formal claim for IU (attach IU application form). I first applied for IU with an informal claim at VA Dr. _________ office, on an 8-11-02 medical examination. Please expidite my claim. Then sign your name.

Incidently, Carlie, if you read the regulations on informal claims, and cases like Roberson, you can see where Alex got this. That is, when a Veteran goes to his VA doctor (assuming he has already applied for VA benefits), and tells his doc that he is unemployed, that constitutes an Informal claim for TDIU.

Carlie Several people, including yourself, have attempted to post links to Alex Humphries posts, and, as far as I know, none of them work anymore. I suggest You try these..they did work, once about a few months ago, then stopped working for reasons that are unclear to me. Maybe you can have better luck with this one: http://www.hadit.com/forums/index.php?showtopic=26566 I dont know why they dont work anymore.

The backlog of claims continues to get worse. We Veterans have had politicians promise to reduce the backlog, and fail so many times it is ridiculious. Nicholson, for a couple years, actually reduced the backlog, but it has grown pretty much every year before and after that. There is no sign that the Obama administration is going to reduce any backlogs..they have gotten worse even faster than with previous administrations growing about 25% since Obama took office. Someone has suggested the "IRS" method of reducing backlog. The IRS accepts your tax return, and sends you a check within weeks, as long as a few basic things check out. Then, if you have defrauded the IRS, they come after you big time. In other words, the IRS trusts its citizens, and they have done pretty well with this method. THe VA, on the other hand, assumes every Veteran is a lieing, theiving, con artist, and no benefits can be paid until every little thing is carved out of stone. It would appear that things should be the opposite way. In other words, once a person has served his country, honorably for 4 years, we should be able to trust him more than someone who has never served that we know nothing about. I cant see why VA claims cant be paid in days or weeks, say, like IRS checks or unemployment claims. The answer is that VA likes it the way it is, because they are collecting huge bonuses for delaying and denying our claims. There is a big fishy smell coming up from the VA, and if it smells rotten, it probably is rotten. Even Hillary Clinton said that the NY RO was corrupt. Are we to believe that other RO's are NOT corrupt?

According to the way I understand what the late Alex Humphries said, if you told your VA doctor that you are unemployed, that would constitute an informal claim for TDIU, and that would be the effective date..upon appeal. Dont count on the VA to acknowledge this informal claim date until you have appealed multiple times, but the appeals court (either the BVA or CAVC or Federal) will "notice" your informal claim as long as the Regional Office did not shred this evidence. To be safe, I would point this out in your Notice of Disagreement and say something like this: I disagree with the decision dated Feb, 1, 2009. While I agree with the TDIU rating, the effective date should be April 1, 1998 because medical records confirm an informal claim for TDIU was made on that date at VA Dr. _____________'s office when I informed him that I was depressed and could not find work.

I am going to supply a few sources that the VA does do "secret denials" or they use the word "deemed denials" http://www.democraticunderground.com/discu...ddress=259x2281 http://www.tpromo.com/wwc/viewtopic.php?p=...2d39499d2e96390 Jackson vs Mansfield: "In Deshotel, this court noted that even if the VARO does not specifically address a claim, that "second claim is deemed denied, and the appeal period begins to run." Id. at 1261." The court denied Jacksons appeal, saying, "Thereafter, Ms. Jackson did not appeal the VARO's decision with respect to the nervous condition or sexual harassment claims nor file a CUE claim seeking to reopen the decision. Thus, both these claims became final. See Cook v. Principi, 318 F.3d 1334, 1340 (Fed. Cir. 2002); Deshotel, 457 F.3d at 1261."

In my opinion it is True, from a practical standpoint, that "large retros go to the Board". Think about it. You are a new rater, and here in front of you is a claim with a potential half million dollar payout..large retro. What are you going to do? Approve it, and watch you supervisor yell at you? No, you are going to do one of two things: Deny it or delay it. Never approve it, no matter how valid. It keeps going on down or up the line, in the same way, and wont be approved until the Board of Veterans Appeals approves it. Its called, "Pass the Buck", please.

As Larry pointed out, even tho the Va did not follow the required regulations in Roberson, that does not exempt the Veteran from having to comply with all the regulations (and the one year clock starts ticking). In a nutshell, the VA nails the Veteran whenever he does not comply with regulations, but the VA freely ignores their own regulations until/unless the Veteran appeals, and EVEN then, the VA may get away with it if that issue is not brought up on appeal. (Again, the regulations prohibit this, but the VA likes to "Weasel"..."I didnt know we were supposed to follow THAT regulation" I wonder how many poor widows are out there, who the VA did that to them, and then the VETeran died before the claim could be approved. No wonder why Vets are so mad.

I agree, and think it is CUE from the moment they "forget" to process one or more of the Veterans claims. I think this is no small part of the shredding issue..they "forget" a claim, then shred any document that references it when it goes to BVA or appeal, so there is "no record of the Veteran every applying for _______ condition". The real sad part is they know this and do it anyway. It is one example of how the VA Regional Offices manipulate the regulations in their favor, at the expense of Veterans. As mentioned earlier, the precedential case of Roberson shows they cant do this, but they ignore those regulations and do it anyway. It creates an immediate CUE, but the Veteran is required to know how to beat them, because they wont admit to it on their own. The Veteran looses out either way, because even if he notices this happened, Files a timely NOD, it will take him years of appeals, and the VA gets an interest free loan from the Veteran, because no interest is ever paid the Veteran for VA mistakes. In the mean time, the Veteran is often homeless and suicidal. Those responsible for treating Veterans like this and manipulating those regualtions should be fired and brought to trial.

Someone recently had applied for multiple issues, and got a decision which denied one issue, and said nothing about the other. This is a "secret denial", or the courts use the term, "Deemed Denied". This is one more trap to snare unsuspecting Veterans, and is a big "loophole" in the legislative/legal process which allows the VA to do this. DONT GET CAUGHT in this TRAP. If you have applied for more than one issue, and your RO decision mentions only one and forgets the others, you have been "deemed denied", and you must appeal within 12 months, or that denial without a decision becomes final. This works with awards of benefits also: If you are awarded SC for hearing loss, for example, and your decision does not mention your arthritis claim, your arthritis claim has been deemed denied. What to do: If you are "deemed denied" then file a Notice of Disagreement stating that the decision did not address your claim for __________ condition. Do this within a year. If your decision is more than a year ago, and your Regional Office blew off your claim, you have to prove CUE. To prove Clear Unmistakable Error, in this instance, cite court case Roberson, which points out that "the VA must consider all the Veterans claims before rendering a decision". In my humble opinion the VA does not have a legal basis for doing deemed denials, however, they do them anyway, and the Veteran has to go through years of appeals just to try to get benefits that are due to him. There is no accountability for this, and no penalty for the rater. Its the Veteran who pays dearly.

Easy way to post a link: 1.Go to the website you want to post, in another window, and highlight the address bar. 2. Hit "CTRL and C" at the same time, (or go to file, then copy) 3. Click in area where you want link posted, such as hadit. 4. Hit "CTRL and V" at the same time, (or go to file, then paste) This is known as "Cut and Paste" and works for many things, not just links. Another method: Use the "link" button, and cut and paste the link in the box that appears, as above. The link button is just to the right of the smiley face, when you are typing in a post. (the smiley on top)

To fight against "deemed denials" you have to go all out. It is the VA declaring war on you. I am convinced the regs do not allow it, but they get away with it time after time. This is why the VA cant get away with it: Moody states: "The appellant argues that the Court of Appeals for Veterans Claims erred in construing our decision in Roberson. In Roberson we held that the VA has a duty to “fully and sympathetically develop a veteran’s claim to its optimum,” 251 F.3d at 1384 (quoting Hodge v. West, 155 F.3d 1356, 1362 (Fed. Cir. 1998)), and that this requires the VA to “determine all potential claims raised by the evidence, applying all relevant laws and regulations.” When the VA "blows off" a Veterans claim, they have violated the above regulations in Moody, and Roberson. When you do your appeal, be it a DRO or BVA CAVC etc, I suggest you quote Moody and Roberson, above. Moody is available here: http://www.ll.georgetown.edu/federal/judic...ns/03-7119.html

You are right, Pete, about comparing disability to wages. One of the problems is that the average disability compensation among Veterans is NOT 30k per year, but varies among states, from about $8000 per year in Ohio to about $12,000 in New Mexico. It was my bad, I was comparing the maximum Veterans income to the average government employee/household income, as was pointed out. Source: http://blog.cleveland.com/openers/2008/04/...k_vasil_of.html That is, the Average Veteran fares much, much worse..many times worse, than a government paper pusher. The AVERAGE disabled Veteran is forced to try to survive on about $10,000 per year, or about a fifth of what government employees get..as an average. $30k per year is not the Veterans average, but very close to the MAXIMUM (except for SMC, housbound, etc.) Disabled Veterans have almost no hope of ever going much above 30k per year, adjusted for inflation, whereas NON disabled employees, can earn six or even seven figures.

The "bothersome trend" I see is that whenever something goes wrong, the Veteran is blamed. Now, you are suggesting that the Veteran should be blamed if he is taking meds, prescribed by his doctor, which cause complications or side effects..and that no benefits should be due to him for these side effects, because it is the Veterans own fault that he could not or did not switch his meds to one with fewer side effects. Should the Veteran be also blamed when the VA uses dirty equipment to do a colonoscopy? After all, the Veteran could theoretically have gone to school, and tested all that equipment for contamination before he allowed the doctors or nurses to insert in him. A Veteran being "pro active" in health care decisions does not mean that he should not be able to trust his doctors expertise. Veterans are a very diverse group and millions of them lack the knowledge and expertise to research the doctor's prescribed meds to ensure that the side effects do not outweigh the potential benefits. The Veteran SHOULD be able to trust that the VA doctors prescribed meds that have the maximum benefit with the fewest risks of side effects, and that the medical equipment to be used on him is clean and free of contamination. JMHO

For the most part, I do not see Veterans trying to rip off benefits. I see far more deserving Veterans waiting...and waiting...and waiting..often to be denied benefits. If money was the only issue, why would anyone want to join the military? Surely, the E1 pay is not a big incentive, and neither are VA benefits. The average salary in America is around 50k, or almost double what a Veteran gets, even if he can get 100 per cent. I dont begrude a disabled Vet his thirty k per year for getting injured protecting our country. I think maybe it should be the other way around. The Vet, who risked his life, should get fifty thousand a year, and the office GS employee working at the VA pushing paper should get thirty thousand a year. Perhaps the Veteran should delay the government workers paycheck for six months to a year, and the Vetran should get his disability check pronto and on time instead of the other way around.

I personally think a deemed denied claim is, in fact, CUE, as the VA has a mandataroy obligation to consider all claims and evidence before rendering a decision. Look it up, if you like. I recommend filing a CUE NOD, based on a deemed denial. I would also ask for a copy of your c file, to make sure the VA didnt shred stuff on the deeemed denial part. YOu have a long fight coming.

There is a real possibility you ARE P and T. Your decision does not always say that, sometimes it says no exams are scheduled..OR, if you get commissary priveleges, and the like, then you are P and T. Did your docs say you are p and T?

Dont give up. Tho some of them are combined, another possibility is that the RO just plain secretly denied one of your claims. They dont use the word secretly denied, instead they use the word "deemed denied". It is a giant ripoff to Vets. Here is how it works. You apply for two or more unrelated benefits..say, hearing loss, and loss of use of your leg. They deny (or award) hearing loss and dont mention loss of use of your leg. Loss of use of your leg is "deemed denied" and YOU MUST appeal it within a year even when it is not addressed. Since most Vets do not appeal this, the VA pulls a fast one on you. After a year passes, it is extremelely difficult to appeal, you now have to prove "Cue". You are going to have a big fight on your hands if you dont appeal a claim that the Regional Office messed up and never addressed it. There are hundreds of "deemed denied" cases..that means the RO never addressed your claim so it was, therefore denied. It is one of many "dirty tricks" the VA pulls on unsuspecting Veteran claimants. Dont believe the VA would do this? Do a search using "deemed denied" and you will find many, many instances this happened.

Your doc (civilian or VA) is in a much better position to know about possible side effects and weigh the risks/benefits with each prescription. As with most medications, they are not risk free, that is why they are called prescription medications. If there were no risks and no side effects, and only benefits, then a prescription would not be required. Most of us have to tolerate the risk of side effects in order to enjoy the potential benefits of the medications. Just ONE example: Almost all antidepressants, except for Wellbutrin, have adverse sexual side effects in men. So, we often have to choose whether we want to go without sex, or be depressed. Neither is a really good choice. So, most docs have to weigh the risks/ benefits, to determine a medication. If the Veteran is prescribed a medication with overwhelming negative side effects, then sometimes swithching to another medication may help, however, sometimes you just have to put up with the side effects. Even worse, is drug interactions with multiple drugs. Often, the side effects are not known. But to make a blanket statement that Veterans should just switch drugs and forget asking for side effect benefits because it works for you reminds me of the story about the eye doctor: Patitent: Doc these glasses dont work for me..cant see out of them. Doctor: Whats wrong with you? I have used those eyeglasses for years, and I can see fine out of them. If they work for me, then they should work for you, too.

Shark I hear a lot about CUE, it does not apply to you, because: If you appeal during the one year period, it is unnecessary for you to prove the stricter, "CUE" standard. YOu only need to try to prove CUE if you failed to appeal during the one year period. Otherwise, you have a much lower standard, that is, a regular appeal without CUE. Dont make it harder on yourself to prove CUE, as long as you appeal within the year, it isnt necessary.

I agree with Larry: If you have SI, then you need to tell your VA docs, and get treated for it. I/hadit.com dont want you left behind. Dont "suck it up"...instead get help, and get compensated for your SI. More Vets currently kill themselves than are killed by the enemy. DO NOT, REPEAT, DO not let the VA do this to you. If you commit suicide, the VA wins because you dont get paid. Fight the enemy, Fight the VA, but do not fight YOU. You are an American Veteran and do not deserve to die by your own hand. I understand that some of the numbers geeks go to the trouble to do this: Count the number of symptoms you have medically documented in each category, 30, 50, 70, 100 etc. The category with the highest number "wins". Example: You have SI, impaired impulse control (near continious panic attacks), neglect of personal hygene...total 3 in 70% YOu also have impaired judgement, inability to establish and maintain relationships total 2 in 50% In this example you would be 70% impaired, because you have 3 symptoms in the 70% category but only 2 in the 50% category. There is no real evidence that most raters use this "numbers" formula, however, if you have an appeal, and this evidence favors you, by all means use it. Lastly, you can apply "weight" to the symptoms: For most people, SI would be more significant thatn an inability to establish/maintain relationships, for example, because SI is LIFE threatening. In an appeal, I think you can "hit em where it hurts", for example if you have SI and are rated, say, at 30%. You can contend that the Veterans own life is surely more important than some of the lesser symptoms, that is, SI is present ONLY in the 70% and 100% categories.

Allan... Remember what the guy said with the funny hat: "ITs a crap shoot". You will be rolling the dice and see what it comes up. TWO keys: YOu regional Office and your rater. Some of these are nicer than others, and your results will be reflected in who rates your claim and at which RO. Sadly, there is no standard. I think there should be a direct relationship with your VA docs GAF rating and your Regional office disability rating. There should be a chart somewhere, something like: GAF 50 = 50% disability rating. GAF 45-49 = 70% disability rating, etc. There is not, so everything is applied willie nillie, so Vets in some states make out much better than Vets in other states.

Josh I think you need to file a "Special Claims Handling" request before November of this year. It sounds like you are another victim of shredded documents. Yes, your VA Regional Office can shred this request as well, so send it certiifed mail, return receipt requested. You are not alone on the VA shredding your evidence..it is very common. You can read about it here: http://www.vawatchdog.org/VAshredderscandal.htm For more information on what to do about the VA shredding your evidence, see this article: http://www.vawatchdog.org/09/nf09/nfmar09/nf031509-3.htm I would also file a complaint with your VAOIG, because Regional Offices just tend to ignore these requests, whenever possible.

I recommend you give the dealer the VA toll free number, and go with the dealer to call the VA. They will likely give the dealer the run around, just like they do Veterans. Maybe the dealer can use his money to pressure the VA into doing what they are supposed to do.