broncovet

Hmmm..if the VA has such good electronic records, why are C &P still on paper, and being shredded?

I am here to "stick up" for Veterans..both those who work for the VA, and those who do something else. In that light, I am sticking up both for Meddac and other Veterans. It is my opinion, after years of fighting for benefits, that there is a checks and balances system, in place, that successfully "weeds out" any potential Veteran who may try to lie to get VA benefits. For example, Veterans do not receive disability benefits based on their own statement that they are disabled and deserve benefits. Such a Veterans statement does not "trigger" a benefit check, but rather triggers an extremely long and complex process which some Veterans are unable to endure and give up and fall through the cracks, and become homeless or committ suicide. For the most part, it would appear that the C&P doctors opinion is the deciding factor on whether or not the Veteran is awarded benefits, not any statement made by the Veteran. And, of course, doctors vary widely on their opinion. IMHO if that Veteran was awarded benefits based on medical evidence, then those benefits should not be taken away UNLESS AT LEAST TWO OTHER Doctors testify that Doc #1 medical opinion was offered fraudulently and not just a result of differences in judgement between doctors. That is, if the rating specialist does not think the Veteran is sick/disabled, how/where did he get his medical degree to make such a diagnosis? Veterans are awarded benefits ONLY with qualified medical opinions, and it should take a lot to overturn a physician diagnosis. Of course, if there is compelling evidence that the Veteran somehow altered the medical records to obtain benefits, then he should be prosecuted. There is already a system in place to catch this. The present system of checks and balances is far more likely to let a deserving Veteran fall through the cracks, become homeless and never obtain benefits, than it ever is at allowing a Veteran to lie his way through the system and get benefits fraudulently. Electronic applications will make it even more difficult for a Veteran to lie through the system to get benefits, and also speed up applications for millions of deserving Veterans.

I agree with some of the others. This $250 stimulus payment is discriminatory against Veterans. If you are still working..you get $400, if you are a disabled Veteran, you get $250. Further, you cant get both. It is unclear to me why, somehow, disabled Veterans deserve $150 LESS than working people.

It would appear that this "change" changes nothing. The way I read it is the only time the rule is applicable, is when the Veteran was diagnosed with PTSD in Service. For Vietnam and earlier Veterans, basically there was no such thing as PTSD diagnosis in service. If a Veteran had issues after a war or other traumatic event, it was attributed to alcohol, drugs, or the Veterans own willfull misconduct, or maybe "shell shock" and not PTSD diagnosis. I can just see the VA arguing that a diagnosis of "shell shock" is not the same as a PTSD diagnosis under this rule, in order to further frustrate Veterans. It merely creates still another "loophole" for the VA to deny benfits. For "newer" Veterans, it also changes nothing because, if the Veteran was diagnosed with PTSD in service, then the verification of the stressor became moot. I really wish this rule change would help Veterans, but it would not appear to change anything but maybe give the VA a hypothetical "attaboy" in the eyes of the public and Veterans groups. I have been decieved by the VA in the past, who was not supposed to shred my evidence, but did so anyway. It takes a lot to betray my trust, but now that the VA has succeeded in doing so, it will also take a lot of honesty for them to regain my trust.

VAF.. I am certainly "with ya" and understand your frustration BECAUSE I HAVE BEEN THERE!! That being said, it is probably unrealistic to expect an answer on an appeal filed Nov. 08. Appeals take a year or so..and I dont blame you a bit for watching them like a hawk, or they will again put your claim in la la land for another 8 years. It is shamefull to treat Vets that way. That being said, my recommendation for about the next six months or so would be patience. However, I would definately not wait another 8 years, but a year to 18 months is normal for an appeal, so I would be patient until then. In economics we call the concept "the law of diminishing returns". My econ prof explained this concept this way. He said if you have a BiG Mac, you would probably enjoy it x amount. Your second Big Mac would likely be a little bit less enjoyable. If you consumed, say, 14 Big Macs at one time, it is likely the enjoyment of the 15th one would be MUCH less..and probably even negative. I think the law of diminishing returns could well occur with Writs as well. I understand some of those criminals file one lawsuit against the prison about every month. Needless to say, the Judge probably doesnt really consider the 3rd, or 4th, or 44th lawsuit. I hope this helps a VEt.

I filed a writ in 2007. Writs are pretty much regularly denied..I could not find a single writ that had been granted in my research. I do not recommend a second writ, and I will explain my reasoning. But, first, I need to ask? Did the judge in your writ order them to respond? They did in my writ, and I found the Secretary's response to the writ most helpfull in ultimately winning my claim. You see, the RO can pretty much feed you with any amount of bull..they can tell you in IRIS that your claim is at the rater, when it isnt, etc. However, they are accountable in their testimony to the judge, because that testimony becomes a permanent part of the record, and, if you find out that testimony is false, then that RO manager is in a fair amount of hot water. Pay very close attention to the Secretary's response. A Writ was not as effective in winning my claim as was a complaint to the VAOIG at the hotline. I complained the RO shredded evidence, and those shredded documents were the compelling reason for my lowered ratings. The VAOIG responded to my complaint, in a "form letter" in about 2 months. They told me to contact the RO and tell them "my documents were shredded". When I did so, neither IRIS nor the phone center knew anything about the VAOIG complaint, nor what to do about it. I was very, very frustrated, and planning my next action when, boom..I got a DRO Review decision which was favorable. I think my complaint went to the RO manager...and (s)he did not want the VAOIG breathing down her neck, so, action was taken. IN short, my advice is: Skip Writ #2 and complain to the VAOIG instead: I recommend your VAOIG complaint be limited to one or two pages, and concisely and carefully written..not a "rant", with precise documented examples "Hit them with your best shot"

Carlie You ARE good!. Yes, it was a VA doc, at the VA hospital, not a private doc or IMO. This doc stated, in a C&P exam, that my depression was most likely due to military service, however, the C and P exam was about 3 years later. Service connection is not an issue as it has been established, however, the effective date is an issue. My contention is that the 2002 docs exam was an informal claim for increase especially since he even stated back then that my depression was service connected. The VA has (finally!) granted SC for depression, the only issue is the effective date. If I read the reg right, that you posted, the DRO would have the burden of proving CUE to award me a lower benefit, correct? Also, my most recent decision WAS a DRO review, so, I am assuming that an appeal of a DRO review would be made at the BVA level. Finally, yes, I know the RO is supposed to send me a formal claim when I have submitted an informal claim within a year, since they did not do that, it is (at least in part) the basis of my appeal for an earlier effective date. Rentalguy. Thanks for your input, and I do apologize for "hijacking" your other post. I know you are very knowledgeable and appreciate your comments. I know I am negative..there are some very good reasons why the VA docs have rated me as depressed.

I am considering appealing a recent rating decision and would like advice. The rating is what I expected, but I think I deserve an earlier effective date. My question is, Could this appeal "open a can of worms" and result in a rating reduction? Has anyone had their rating reduced upon appeal, that is, has anyone wished they had not appealed and wound up loosing benefits instead of gaining them at the BVA level? (My most recent decision was a favorable DRO review) I dont want to "take chances" of a reduction, but really think I deserve an effective date 5 years earlier, based on an "informal" claim. My "informal claim" was for depression..at the docs office. At that time I had no idea that there was such a thing as a claim for depression, however, I did tell my doc that I was depressed, and he prescribed meds for it, and told him it was related to a service connected condition. He documented this. However, I did NOT follow this up with a formal claim for depression, until more than a year later. Also, I filed a claim for increase in 2004, which may have been shredded. I filed for "special claims handling" and, based on the most recent decision, altho they did not come right out and admit I was one of the victims of shredded documents, my decision would suggest that would be the case.

Pete... Exactly. If the VA is required to pay the Veteran INTEREST on his benefits due, watch the VA "hurry up" those claims to save money, which is always the bottom line. We Veterans are charged interest on VA loans, medial co payments, and federal, state, and local taxes, along with strict penalties if we dont pay these things on time. However, the VA can delay our claim 5 or more years, and pay zero interest or penalties, so there is a financial incentive to delay the claim as long as possible, or even until the death of the Veteran when it is often never paid. To hurry up claims, we need for it to hit them in the pocket book. That is why we make our house payments and car payments on time, whenever possible, because we cant afford late fees, penalties and interest.

Snave, and other posters have pointed out still another reason why Veterans are homeless and commit suicide more than the civilian population, when Veteran's had to pass strict physical, medical, and mental tests to even be admitted to the military. They were the "cream of the crop" when they went in..top physical, medical, and emotional condition. Then, as Veterans, they are at the "bottom of the barrel" in homelessness and suicide. This "transition" from top physical condition into homelessness and despair can only be explained by a broken Department of Veterans Affairs, who is in charge of assisting Veterans. Far too many VA employees view Veterans either as a "problem", or, even worse, someone to victimize. Veterans do not deserve substandard medical/administrative care where "dirty" equipment is reused to perform medical tests such as colonoscopies. A Veteran with a mental issue should not have to have perfect medical records, clear and concise explanations of the conditions he is seeking (mailed certified, of course, keeping precise records and copies of everything..all organized in a manner willing to replace any document "lost" by the regional office), and perfect attendance of VARO mandated Compensation Exams. It is simply unrealistic to expect a mentally/physically disabled Veteran to FLAWLESSLY jump through the multiple hoops in able to be awarded just compensation, and even then, be able to survive a 5year or longer wait for the VA to "process" his application, while often being destitute. Since so few Veterans can ever negotiate the incredible "maze to benefits" the result is high Veteran suicide and homelessness. It is a disgrace.

Yes, I will rate Cleveland a "55" out of the top ten. That is 55 Veterans claims the Cleveland Regional Office Shredded, according to the VAOIG. Or, they could also be rated a 57, as out of 57 Regional Offices, the Attorney General says they are the lowest compensating to all Veterans. We will give Cleveland the "benefit of the doubt" and rate them as a 55, because New York Regional Office is corrupt, according to Hillary Clinton, and Detroit has 16,000 "lost" Veterans claims files, so Detroit clearly deserves number 56. Cleveland, however, only deserves a 55 ranking because there are only TWO Regional Offices that can actually boast they are worse than Cleveland...Corrupt New York, and 16,000 Detroit lost documents. Pete...Thanks..in spite of the VA's campaigns to get Americans to "look the other way" because President Obama says that Veterans are multiple times more likely to be homeless than Non Veterans, and, because Veterans are much more likely also to commit suicide. Remember..these Veterans, when they joined, were physically fit, and also had to pass mental tests as well. American Civilians have to pass no such tests to become civilians. This "cream of the crop" of Americas best was turned into a very high suicide, high homeless group, courtesy of the Department of Veterans Affairs. As long as there is ONE homeless Veteran, or ONE Veteran suicide in that state, NO Regional Office deserves to be in the "TOP TEN" because they left a Veteran behind. JMHO

We Veterans have been taught by the VA to "lower our standards" because we Veterans just dont deserve the level of service available in private industry. For example, if it took Workmans comp, state unemployment, or private insurance 11 months just to process our claim, we would be pulling our hair out while most of us would be getting our home foreclosed upon. With the VA, however, 11 month processing time seems to rank worthy of inclusion into the top ten in the nation. (I find it interesting that VA quotes a six month average backlog, while at least one of us is led to believe that 11 months is "excellent". It makes me wonder where they got that six month number? ) This "lowering of standards" for Veterans is unacceptable..Veterans should be in a place of honor for service to our country, and not be forced to believe that we somehow "deserve" to be treated worse than private citizens. JMHO

I agree with VAF. If your hubbie gets SSD, and your SSD states that you are disabled for conditions that VA says are service connected, Berta cited a court case that they cant deny you TDIU. I recommend you do a very thorough job of your NOD. List each condition you are disputing, and then cite evidence as to why you are disputing it. Look at the C&P exam..and it the C&P "doc" is really a Physician Assistant or Nurse Practioner, (this happens a lot..the VA hires QTC "docs" to do C&P exams..who are not doctors at all..they are just well paid nurses or docs helpers who get paid big bucks to write things in your chart to deny your claim. Remember, QTC is a company owned by Dr. James Peake, formerly the VA Secretary..so there is a conflict of interest.) Bottom line. File a NOD, and then file it again after they shred it. Then keep filing it until the VA will finally admit to receiving it with IRIS. Then keep a copy of the IRIS email, because VA will claim they didnt get your NOD.

Jan.. I agree with you. Remember that DAV shares space with the RO's, in exchange for "certain privileges"...in your case they want to blame Hurricane Katrina on you not getting your benefits. Detroit RO wants to blame the auto industry layoffs, the Cleveland Union at the VA claims that there is insufficient training, that claims reps are put "on the line" with too little experience. (How much "experience" do you need to NOT shred Veterans claims...an ability to read? Do they need to "instruct" people on how NOT to use the shredder machine. Step One. Do not insert Veterans claim evidence in this machine. Step Two. If in doubt refer to Step One. Pullleeze. "Man up" to your mistakes..what does shredding evidence have to do with training? Can these people not distinguish a Veteran's claim from yesterdays Burger King wrapper? We Veterans are very tired of tired excuses for their poor service.

I am helping a Veteran who has been trying to get his benefits more than 35 years. I saw with my own eyes a 2007 RO decision which states that the 1973 Atlanta RO decision awarding service connection was "in error". Isnt it true that a decision becomes final after one year? Isnt it also true, that, if the VA was trying to prove CUE, that they would have to go through the lengthy process WE have to I would note that this Vietnam Veteran, who I discussed in other posts (waiting 35 years for benefits from the Cleveland Regional Office), actually had military service AFTER the 1973 letter. I also saw letters from this Veteran which said the Veteran was waiting a DRO Review in April, 2008. Since this Veteran has been in contact with Congressman Turner since at least April 2008, it would appear that, in this Veterans instance, contact with this Senator did not help the Veteran. What do you guys think? I will be seeing this Veteran tommorrow evening, and may be able to post more details at that time.

The presumptives are at this website: http://www.vba.va.gov/VBA/benefits/factsheets/ or, Department of Veterans Affairs “Presumptive” Disability Benefits for Certain Groups of Veterans What is “Presumptive” Service Connection? VA presumes that specific disabilities diagnosed in certain veterans were caused by their military service. VA does this because of the unique circumstances of their military service. If one of these conditions is diagnosed in a veteran in one of these groups, VA presumes that the circumstances of his/her service caused the condition, and disability compensation can be awarded. What Conditions are “Presumed” to be Caused by Military Service? Veterans in the groups identified below: Entitlement to disability compensation may be presumed under the circumstances described and for the conditions listed. Veterans within one year of release from active duty: Veterans diagnosed with chronic diseases (such as arthritis, diabetes, or hypertension) are encouraged to apply for disability compensation. Veterans with continuous service of 90 days or more: Veterans diagnosed with amyotrophic lateral sclerosis (ALS)/Lou Gehrig's disease at any time after discharge or release from qualifying active service is sufficient to establish service connection for the disease, if the veteran had active, continuous service of 90 days or more. <a name="OLE_LINK1"> Former Prisoners of War Vietnam Veterans (Exposed to Agent Orange) Atomic Veterans (Exposed to Ionizing Radiation) Gulf War Veterans (Undiagnosed Illness) (1) Imprisoned for any length of time, and disability at least 10 percent disabling: psychosis any of the anxiety states dysthymic disorder organic residuals of frostbite post-traumatic osteoarthritis heart disease or hypertensive vascular disease and their complications stroke and its residuals (2) Imprisoned for at least 30 days, and disability at least 10 percent disabling: avitaminosis beriberi chronic dysentery helminthiasis malnutrition (including optic atrophy) pellagra any other nutritional deficiency irritable bowel syndrome peptic ulcer disease peripheral neuropathy cirrhosis of the liver Served in the Republic of Vietnam between 1/9/62 and 5/7/75: chloracne or other acneform disease similar to chloracne* porphyria cutanea tarda* soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma or mesothelioma) Hodgkin's disease multiple myeloma respiratory cancers (lung, bronchus, larynx, trachea) [*]non-Hodgkin's lymphoma [*]prostate cancer [*]acute and subacute peripheral neuropathy* [*]type 2 diabetes [*]chronic lymphocytic leukemia *Must become manifest to a degree of 10 percent or more within a year after the last date on which the veteran was exposed to an herbicide agent during active military, naval, or air service. Participated in atmospheric nuclear testing; occupied or was a POW in Hiroshima or Nagasaki; service before 2/1/92 at a diffusion plant in Paducah, KY, Portsmouth, OH, or Oak Ridge, TN; or service before 1/1/74 at Amchitka Island, AK: [*]all forms of leukemia (except for chronic lymphocytic leukemia) [*]cancer of the thyroid, breast, pharynx, esophagus, stomach, small intestine, pancreas, bile ducts, gall bladder, salivary gland, urinary tract (kidneys, renal pelves, ureters, urinary bladder and urethra), brain, bone, lung, colon, ovary [*]bronchiolo-alveolar carcinoma [*]multiple myeloma [*]lymphomas (other than Hodgkin's disease) [*]primary liver cancer (except if cirrhosis or hepatitis B is indicated) Served in the Southwest Asia Theater of Operations during the Gulf War with condition at least 10 percent disabling by 12/31/11. Included are medically unexplained chronic multi-symptom illnesses defined by a cluster of signs or symptoms that have existed for six months or more, such as: [*]chronic fatigue syndrome [*]fibromyalgia [*]irritable bowel syndrome [*]any diagnosed or undiagnosed illness that the Secretary of Veterans Affairs determines warrants a presumption of service connection Signs or symptoms of an undiagnosed illness include: fatigue, skin symptoms, headaches, muscle pain, joint pain, neurological symptoms, respiratory symptoms, sleep disturbance, GI symptoms, cardiovascular symptoms, weight loss, menstrual disorders <h2 class="western"></h2>

I find it more than just a coincidence, that the same RO's keep coming up over and over again for poor Service.. New York Detroit Cleveland St. Petersburg Indianapolis Illinois New Orleans One of the reasons Cleveland is so bad is they "siphon off" talented, experienced Rating specialists to the Tiger Team, leaving Cleveland RO with rating specialists without the ability to read. And, like someone pointed out, Tiger Team does not guarantee you will get good service either. Notice these "bad" Regional Offices are also "bad" in lower compensation to Veterans, according to the AG, AND are also "bad" because they have lots of shredded claims. Veterans in these Bad Regional Offices get slow, bad service, shredded claims, and some of these, such as New York, also has been convicted of fraud.

I agree with Pete..there is a double standard. For example, if a Veteran is late on paying his co pays, he is charged interest on the balance. However, if the VA takes ten years to approve a claim, or longer, there is never any interest paid on the money due to the Veteran. If you get a claim approved back to 1978..then you get paid at the rate in 1978..with no interest. You should either get the interest, or be paid at the 2009 rate, to adjust for the inflated dollars. Vets get neither. That is just another reason for the VA to delay the claim..it costs the Veteran, but the VA gains the interest, and lends than money out to others on VA/FHA loans. If the Veterans groups had any "teeth" the would demand the VA pay Veterans interest on claims delayed beyond 90 days..just like they charge us with copays. That would put a stop to a lot of delays if the VA had to pay interest on the money.

A nexus is a statement by your doctor that you condition was likely due to military service. Normally, to "win" benefits you need the doctor to state, to the effect, there is a 51% or better chance that the military caused your condition. Good nexus statements that win benefits are: "Veterans condition most likely due to military service." "Veterans condition at least as likely as not due to military service." Some that dont work so well, which are likely to result in a denial are: "Veterans condition may be caused by military service." "Veterans condition could be caused by military service." "Veterans condition might be caused by military service." The VA considers these statemements speculative, and are LESS than 51%. A nexus statement is NOT always required, some examples are: 1. Recently released from active duty..you are presumed to have been medically sound when you went into the military, except for conditions noted on your entrance medical exam. 2. Presumptive. There are a list of presumptive conditions. For example, if you served in Vietnam in certain periods of time, you are assumed to have been exposed to agent orange and if you get certain diseases, then they are presumptive and a docs nexus is not required. 2.

[based upon your statement that you were retired medically from the service in 2001 with PTSD, then, yes, you should put in for PTSD with the VA. Being rated for a civilian PTSD may also muddy up the water, or at least be used as an excuse to deny, so you probably need to get ready for several rounds of denials, however, it would probably be worth it to you to get PTSD..The compensation for Veterans is heavily weighted for the totally disabled Veteran, for example a 50% Veteran does not get near half of what a 100% Veteran does..go figure. The VA will likely argue that your PTSD is civilian and not military, however, in the end your medical evidence should win out even tho the VA will probably try to deny it and use your money interest free for ten years or so. It is the "VA way" and this is precisely what so many Veterans are complaining about.

The Regional Offices in Maine and New Mexico have good reputations..according to the AG, they have a high rate of claim approval, and I have heard that Maine is very efficient and does a good job and well managed. Remember, tho, this forum is called "hadit"..it is for Veterans who have "had it" with the VA. If anyone would like to rate the VARO's and ask Veterans which are the best, then help yourself. The idea of this "bottom 12" list would be to turn the list over to VA management, so they at least know the places they can improve. The idea is that the new management really cares what Veterans think, and that certainly may not be true, but we can hope it is true.

Wow..that explains it Larry. You go to another country, wear the hat, take pics, send them to VA and they grant you 100% based on the medical evidence of the hat photo, proving your crazy. Then, you hide the hat, come back to America, and can convince people you can manage your own finances without the hat. You rent out the hat to REntal guy, hey dies the hat another color, does the same thing, and also gets TDIU. You know, I should get to rent your hat for free. I promise to write to Vawatchdog.org and tell them what criteria the VA uses to approve claims, after I take a picture of me with the hat, send it to the VA and get my claim approved based on the craziness/embarrassment "HC"..in other words, I think I have a Larry's Hat connected disability. (LHCD...100% P&T). There is a presumption of soundness associated with LHCD, because any one dumb enough to have their picture taken with that hat, is proof positive of LHCD. Its brilliant. How much for the hat?

Berta is a living hero to Veterans. As far as I am concerned, Berta is family, and the VA retaliation on her is the same as them doing it to my family. That is, when they retaliate on Berta, they retaliate on all of us. We need to declare war on the VA for this retaliation. They have "bombed" our sister Berta, and we need to unite the same way we united when Japan bombed Pearl harbor. Berta is one of us Veterans..giving up her hubby and children to these wars. Berta has already paid a big enough price.

My humble apologies to St. Louis Vets, and, as Halos pointed out, St. Louis Vets deserve to have their Regional Office RANKED in the prestigious "bottom 12" of all VA Regional Offices, due to their shredding of Veterans claims.

Alan I liked your post. I especially liked you calling it like it is, that the "docs" doing C&P exams are actually QTC whores, not doctors. They screw over a Veteran for $500 bucks, making a fortune doing a half dozen or more Vets a day. A medical degree is not required, any Nurse Practitioner, or any Physician Assistant who will lie and write evidence to deny will do.