broncovet

If people in rural areas can go to the post office, then they can go to the library or their Veterans Service office. Computers are as common as telephones, in fact way more common than pay phones! Voc Rehab is already done online, and, if I may add, it is processed MUCH faster than C&P. VA medical care is already online, and this, altho not perfect, is superior to paper medical records. Hospitals are trying to copy VA Medicals lead in converting to all paperless medical records. Like it or not, computers are here to stay, and VA Comp and Pension is way past due for an electronic upgrade. I find it a bit ironic that people are sitting at their computer bashing computers! Hadit would not exist without them. The "delete" key will delete information off the LOCAL computer, not the server. In addition, the network administrator could make the "delete" key non functional if the delete key were abused on the local computer. Remember, too, that items deleted go to the trash, and the administrator can be the only one allowed to empty the trash, so he or she could monitor what each employee was trying to delete. Since each employee would have a login username and password, the administrator would have a record of what each employee deleted. I sure wish the shredder had a camera on it to find out who has been shredding stuff. The "Server" is actually multiple servers, with multiple backups, in a RAID 5 Array.

Im gonna suggest we close this post..it does nothing to help Veterans. Sure, no one is happy about the one in a million Veteran "gamer"..but, even if there is such a thing (I have never met one Veteran who succeeded in getting more benefits than was due him), it just adds "fuel to the fire" of the VA RO's attitude that Veterans are all crooked and dont deserve their benefits. Although I agree that Jim Strickland has helped a lot of Vets, I see no point in sensationalizing this "Theoretical" Veteran who bilked the system, since no one wants to name names, and nobody knows who he is. Even if this Veteran WERE to manipulate the system and and was successful at bilking the system, there is a system in place to catch this..its called the VAOIG and/or rating reduction. If this theoratical Veteran, was found guilty he would have to do his time. In the meantime, he probably wont sleep well at nite knowing he could be found out at any time. IMHO, the only Veteran who would stand a CHANCE at getting more VA benefits than he deserved would be if his good friend was a rating specialist, and they agreed to split the pot. THAT is employee fraud, and not Veterans fraud. By the way, if you have sleep apnea (which I do, and it is not service connected), the CPAP machine has a "smart card" in it. The Doc can tell if you are using it or not, and for how many hours. Oh, and the doc can also tell if you plug the machine into your closet for 8 hours/ day, also. It would be nearly impossible to defraud the government of SA disability because no one would hook up that noisy, inconvienent machine if it was unnecessary. JMHO

Purple Most of us do banking online..without paper. Social Security is mostly paperless, so are most insurance companies. Of course, as you pointed out there must be a good backup. I have emails which I have stored on Yahoo's server for 8 years. They are the same as they were 8 years ago. If yahoo is capable of storing information without loosing any for 8 years, the VA should certainly be likewise capable. No offense, but insisting on a paper system, like the VA claims department has now, will ensure we will never get out of this mess. Why is it unemployment claims can be processed in days, yet it takes months/years for the VA? They are all paperless.

CG.. If I understand it correctly, the decision becomes final after one year. I do think the VA has a "weasel" clause, however, "in the absence of CUE". So, I think the VA can change the decision the first year, and even after a year, they can allege the document had clear, unmistakable errors. And, of course, they can still call you in for a "reduction C&P" up to 10 years based on your condition's "improvement".

Yes, this was also posted on VA watchdog with a little more detail: http://www.vawatchdog.org/09/nf09/nfmar09/nf030409-1.htm It has been 5 months since the "October Incident"..and the Va knew of this well before October, in fact back in 1989. What have they done about it? They have attempted to cover it up. Reason: It makes money for VA employees when they cheat Veterans out of their benefits, like this guy: http://www.va.gov/oig/publications/press-release.asp?id=29 The VA employees are robbing Veterans blind.

Ok, I have a question for the legal eagles. When we are researching a claim, how do we know if the case we are reading is "precedent" or not? Are all CAVC precedent? How about BVA? Federal court? In other words, if I cite a case that is non-precedential, then my evidence is basically useless, the way I understand it. It would be like me citing my brother, who thinks the Va should pay up, or he will write to his congressman...a waste of ink and paper.

Thanks for pointing that out, rental guy. Secretly denied claims are alive and well in the VA, and, as per usual, there is no "favor the Veteran" rule. If the Veteran files for multiple benefits, and the RO decides on only one, and the Veteran appeals at the BVA being awarded a "Complete grant of benefit sought" would this exclude benefits sought by the Veteran, but ignored due to RO errors?

Pilgrim Your IRIS email merely means you cant trust Iris emails. How Ironic that they tell you on March 3 you will get a decision in February. Put this on your list of things not to trust with the VA, along with: 1. "no veterans or their beneficiaries received incorrect or delayed benefit payments" (because of shredded documents) 2. There are no "automatic denials" with the VA. 3. There is no such thing as a Secret denial. 4. The VA applies the "favor" the Veteran rule and "doctrine of equipose" every time. For me, the Cleveland RO has lied to me so many times, that it has ruined the reputation for the entire VA. Hang in there, pilgrim. So far they havent figured out how to corrupt every employee, and there is always a chance you get an honest one on your decision.

Carlie is right..do we need to pay someone $75k/year to "decide" whether or not to shred a Veterans evidence? I dont think so. $10 an hour and here are the rules: 1. You shred evidence you get fired. 2. If you are not sure if it is evidence or not, DONT SHRED IT AND DONT GET FIRED. 3. If there are any doubts refer to rules #1 and #2.

I just read Berta's testimony..way to go Berta..u socked it to them and reamed their a.....nd they deserve every bit of it. My letter, altho not quite "top notch" like Berta's, complained ALSO of shredded documents AFTER the OCTOBER incident..if you didnt know this, SHREDDING OF VETERANS evidence did not quit after it was "discovered" in October, but rather actually increased! They shredded my "Special Claims Handling request due to shredded documents" Document! I am going to write another letter, and this time I am naming names like Berta, because I think I know who destroyed my evidence at the Cleveland Regional Office.

I am dying to know what happened. Probably more lip service..we'll look in to your concerns..we will form a committee to make recommendations to the committee type thing..with the end result being no progress for the Veterans.

I agree with John and Carlie...if you think the VA hands out 100% PTSD ratings like they are candy at a parade, then you probably are not a PTSD Vet, and you are definately not from Ohio. As John said, the problem is that the sickest of all PTSD Vets is most likely to be turned down, never apply, committ suicide, become homeless, not be persistent enough to navigate the VA maze of appeals, etc. The problem is not the one in a million Vet who is able to get a little bit more than he deserves. Personally, I have NEVER MET a Veteran who has gotten more VA bennies than what he deserves..I'm guessing that he may exisit somewhere, somehow, but never in Ohio. No such thing. The VARO in Cleveland is so stingy, that Scrooge McDuck, and the Grinch that stole Christmas take lessons from the Cleveland RO. They have been the lowest or second lowest compensation of all state RO's for two years running, and are consistently in the "bottom 5", according to the AG reports. Here is the link for the non believers...note that second to last is an "improvement" from last year, when we were dead last: http://blog.cleveland.com/openers/2008/04/...k_vasil_of.html The most likely reason for a Vet getting bennies he doesnt deserve is because of fraud at the VA RO like these guys: http://www.va.gov/oig/publications/press-release.asp?id=30 http://www.va.gov/oig/publications/press-release.asp?id=24 At the VAOIG site, frankly I see a lot more convictions of VA employees than I do Veterans. Veterans in Ohio chances are much better at winning the lottery than they ever would be "winning" a VA claim they dont deserve.

Of course, there are Veterans who "milk" the system and probably get some benefits that they dont deserve. However, for every one of these I think there are a 1000 deserving Veterans waiting for years and years for their claim to go through the VA "hamster wheel", some of which die waiting for benefits, some of which give up and become homeless, some committ suicide, and still others depend on others to help them, when the VA should be. The VA is no different that Social Security or other benefits that way..there are people who milk the Social Security system also. It is my personal opinion that the Veteran DESERVES the benefit of the doubt, more so, that the social security civilian recipient, for example. After all, who would you trust..someone who worked for you for 4 years, did everything requested, even when it was awful, or someone you never met that showed up at your doorstep? Isnt it true that the faithfull 4 year employee (that is, a Veteran) earned your trust and respect? Even tho both Veterans and civilain Social Security recipients can betray that trust, I still think the Veteran earned this respect and trust, and this should not be taken away until/unless the Veteran betrays that trust.JMHO

Berta Thanks, again for your insight. When I sought TDIU in 2002, I was not Service connected at all..I was applying for SC. So, I had no idea whether or not 70% SC was applicable. I am not even sure I understood what "unemployable" meant except my Rehabilitation counselor (through the state, not the VA) used that term, after I had spent about 2 years going through Voc Rehab. I was ineligible for VA voc rehab, then, because my claim was being processed and appealed from 2002-2005, so I had no VA benefits or rating, until 2005. Incidently, my rating in Aug. 2005, was 0% hearing loss, 10% tinnitus, 30% depression, and NSC pension, that is, unemployable but apparently due to NSC conditions. Nowhere in the decisions did it say that my unemployabilty was due to __________ condition which was NSC. It seemed like a "slight of hand" trick. In other words, the VA admits that I am SC, as above. They also admit that I am unemployable, largely because I did not have "substantial gainfull employment" since 2002. However, they said I was only entilted to NSC pension, not TDIU and did NOT state any conditions or reasons why I was ineligible for TDIU, but awarded the lesser benefit of NSC pension. There is a "gap" there..between 40% combined rating and 100% TDIU with them suggesting there are other reasons, which are Not service connected, for my unemployability, however, if there are reasons for my unemployability which are not related to service, I do not know what they are. At least two of my regular MH docs over the past seven years, have opined that my unemployability is due to SC conditions. However, the C and P doc, who saw me for less than one hour and "reviewed" what my regular docs said, offered a completely pro-VA anti-Veteran medical opinion, which was cited by the VA in denying my application for increase in 2008. I appreciate your ongoing comments and help. I think you are right about the Veteran from the big apple.

Berta I went to the link you indicated. I saw where I could volunteer if I was a lawyer, or where I could donate money to their cause. However, I could not locate anyplace where a low income Veteran with legal issues could request a pro bono lawyer. Was I just not looking well enough? If you could post that link, it would be helpfull. Thanks. Speaking of lawyers for Vets, can you answer this riddle for me? In a "regular" court, they often award attorney's fees to the prevailing party. In other words if the judge decided in favor of the Veteran, then it would be logical that the VA would be required to pay the attorney fees..not the Veteran. This would appear to not be the case with the VA, however one lawyer sent me information claiming that there would not be a fee to the Vet..that his fee would come from the VA. I kind of sat on his forms for a while, and now, he is not taking any more cases..I dont know if this is a bait and switch ploy or what? I just dont get it..could you shed some light on the issue of who pays for the attorney fees, please? Thanks

Carlie.. I'm with you. As far as I am concerned the rapist is a criminal..not a member of our armed forces. This is not "friendly fire"..this criminal is an enemy of the United States even if he has "infiltrated" our military and became a member of our armed forces. We captured and killed Sadaam Hussein and his son's in no small part because he thought he had the right to "take" any woman that he saw. HE was a Weapon of Mass Destruction. The sons would look through binoculars at women..when they saw one to their liking..they sent for them, then raped them. If the girls father protested, the girls father would be killed also. In America, we think that violence towards women is wrong. Its just as wrong when it occurs here in the United States, and we do prosecute these criminals. Why should a military woman not have the same rights as a civilian woman?

Berta It sounds like that is the guy from the Big apple, that you mentioned in your post. I do not claim to be any type of law expert..I am merely a "victim of the VA who refuses to give up". I feel like Daniel fighting 100,000 Goliath's...some of who are dressed up in clothes like me who are offering to "help" me when really they are Goliath's helpers who are there to make sure I don't succeed. As long as I tell the truth, the VA can't hurt me...or at least they cant hurt me anymore than what they have already done. I lost my home and car to foreclosure in 2004 because they "forgot" to process my TDIU claim. They contend, as recently as 2007, that I had sought "merely hearing loss" in 2002. When I showed them the letter stating with my application, "The military is a noisey place and I have a noise induced hearing loss and I have not been able to get and hold a job." They fired back with another decision saying that I did not file a FORMAL claim for TDIU. In my NOD I explained that it is unnecessary for a Veteran to file a "formal" claim, one poster on another Veterans website pointed out that a Veterans claim for benefits can be written on a napkin. (The poster was a retired rating specialist for the VA) There is no truth to their suggestion that a Veterans claim Must be formal in order for the Veteran to receive benefits due to him. Rather, it is the Regional Office Responsibility's "Duty to Assist" the Veteran to move his(her) claim from an "informal" claim to a "formal" claim, that is, by sending the Veteran a letter detailing what the Veteran must do, and what information he must supply to MAKE his informal claim formal. Of course, if the Veteran fails to do what is required, then the claim will be denied. Im not giving up. I am going to keep fighting for me and other Veterans.

Ok..can anybody translate this case into English so I know what this means for VEts?

Free Congratulations..it is a testament to your persistence because it cant be that much money for one month. You hubbie would be proud, too. Bronco

Berta Nobody contacted me except a Veteran from the big apple who said he was a friend of Mr. Davis, the Veterans advocate we spoke of. We had a very interesting phone conversation. He told me many things I did not know, one of them being that Veterans may now file against the VA at any level in Federal court in their hometown, that we do not have to go to what he dubbed "Kangaroo Kourt" (The CAVC). He said that Veterans being able to sue the VA in Federal court for denial of benefits is some fairly recent legislation. Are you familiar with this? He claims that Veterans only win about 4% of the CAVC cases and that we have a much better chance in Federal Court...by jury if possible.

Scooby You said your claim was "farmed out" to Cleveland. Did Cleveland make your decision or just develop your claim? The reason I asked is that when my claim was "farmed out" to Roanoke, they didnt let Roanoke render a decision..just develop my claim and then back to Cleveland where Cleveland denied it.

Isn't it incredible that you could copy 1500 pages at Kinko's in 6 hours or less, but it takes the VA 3 years to do this? I am convinced this is more than just backlog..after all, how long would you have to train someone to operate a copy machine? The VA probably has some sort of procedure for copying C files that goes something like this: 1. Veteran submits, IN WRITING request for copy of C-file. 2. VARO receives request, then shreds it, thinking it was evidence. 3. Veteran calls back and asks about request for copies of C-file. 4. VARO says they know nothing about request for C-file to resubmit. 5. Veterans starts over with step one, and repeats until a new employee gets your request and forwards it to the wrong place. 6. Request sits in a pile with other stuff for about 2 years. 7. While looking for other papers, an honest VA employee comes across your request. 8. He takes it to his supervisor, because he doesnt know what to do with it, because he is new employee. 9. The supervisor is a new supervisor, and doesnt know any better either, so he orders your c file copied. 10. Experienced VA manager catches new employee copying Cfile for Veteran and scolds employee for trying to help "the enemy" (Veterans) because he knows the Veteran will use this information to probably win his claim. 11. New employee completes copying but gets fired for serving Veterans before it can be mailed to you. 12. Replacement employee mails you your copies.

Jim I do have a suggestion. There are 4 basic requirements for a NOD: 1. Veteran must give date of disputed decision. 2. Veteran must express dissatisfaction or disagreement with said decision. 3. Veteran must express desire to contest the result. One way to do this is to specify you want either a) DRO Review DRO HEARING c) you want to skip DRO step and proceed to the BVA. 4. Veteran must specify the issues he is in disagreement with. Here you need to be very specific as to why you disagree with the decision..Cite Evidence, doctors reports, medical tests, etc to support your NOD. When you do your NOD, I would make sure you have all 4 of those elements. Altho not required by STatue, I think it is a good idea to Write "Notice OF Disagreement" on the top. In my case, the VA effectively "denied" my Notice of Disagreement by "interpreting it as a claim for benefits". This "interpretation" has caused me 5 years of limiting my VA benefits, so I recommend you do everything in your power to keep the VA from doing that to you.

Heads up for Hadit Members! I have sent this letter to Congressman Bob Filner, hopefully to be included in the Congressional Record of the hearing on March 3. Has anyone else had "Secretly Denied" claims or appeals? House Committee on Veterans Affairs Attention: Mr. Bob Filner: Veterans testimony for record for March 3 “Shredder” hearing I am a disabled U.S. Navy Veteran who served in the Vietnam Era from 1970 until I was honorably discharged in June 1974. During my military career, I was promoted multiple times and was awarded the Good Conduct and National Defense medals. In 2002, I applied for Veterans benefits in Cleveland Ohio. The Attorney General has some things to say about the Cleveland RO, and not very much of it is good. According to the VA, as reported by the Cleveland Plain Dealer, Ohio, is in the “bottom 2” of the lowest compensation of any state, http://blog.cleveland.com/openers/2008/04/...k_vasil_of.html If that is not enough, the “October Incident” put Cleveland in the “bottom 3” of the worst offenders with 55 shredded documents. In spite of being near the bottom in both these categories, the Cleveland RO manager was recently promoted to the Central Office. There is a big “brain drain” at Cleveland due to the fact that the “Tiger Team” siphons off top Rating Specialist talent leaving Ohio Veterans holding the bag with the lowest skill level of all Regional Office Rating Specialists. . However, the Cleveland Regional Office has responded with some of the most creative ways of denying claims in the entire VA. During the past 7 years, the VARO has selectively shredded evidence faked claim dates, and spoilated my claim Here are some of the examples of how they did just that:. “Secretly” denied Claims. In 2002, I applied for hearing loss, depression, tinnitus, and TDIU. In November 2002, Cleveland denied the hearing loss claim, and “forgot” about the other claims. (They “forgot” about the other claims by shredding key evidence) Even tho I successfully appealed with the BVA in 2004, and was awarded a “complete grant of benefit sought”, the RO insists the other claims were secretly denied because they contend that in 2002, I applied for “merely hearing loss”. According to an IRIS email, Cleveland AGAIN secretly denied my TDIU claim by “closing” my TDIU claim in 2007 without any decision rendered until the following year. . “Secretly” denied appeals. On March 10, 2004 I filed a Notice of Disagreement (NOD) to a disputed zero percent “award” of benefits. (A zero percent “award” of benefits nets the Veteran the same compensation as a denial) Rather than process this NOD, the RO denied the appeal by “interpreting” my NOD as a “claim for benefits”, thereby completely circumventing the Veterans appeal rights. “ Secret Denial through Delay.” The RO can, and has, effectively denied Veterans benefits with an endless stream of red tape delays until the Veteran dies. In spite of being awarded a “complete grant of benefit sought” by the BVA in 2004, the RO continues by contending the Veteran filed for “merely hearing loss” in 2002, contrary to the medical and factual evidence. I have lost all trust and confidence in the Cleveland VA. On Dec. 18, 2008 I filed a request for “Special Claims Handling” because of shredded documents. It seems that they shredded my request, as they have no record of it, even though I have a Post Office Certified letter receipt for it. In 2004, I lost my home to foreclosure because the RO shredded my hardship request and delayed my claim still longer. I would just like the benefits to which I am entitled. My Veterans claim has been unreasonably delayed more than 5 years AFTER being awarded a” complete grant of the benefit sought” by the BVA.

A few weeks ago, I complained to the VAOIG because the Cleveland RO shredded my "Special Handling Request", and other documents. They shredded my complaint form about shredding other documents! This is the letter I received from VAOIG...has any one else got one like this? "Dear This is in response to the letter you sent to the VAOIG. After reviewing the information you provided, we have reached a determination regarding your request. The box marked below provides you with our suggestion for resolving your concerns: We Plan to take no further action nor will we respond to future submissions on this issue. (Box checked is): Veterans Benefit Administration Contact VA Regional Office in your area toll free at 1-800-827-1000 or visit the VA website at www.va.gov to learn about VA benefits. " I called the toll free number and they had no knowledge of this letter. Does anyone know anything about what is going on?