broncovet

Thanks Tbird I think there are some Vets that I can (and am willing) to help AND I need help myself, too. I have been focusing on helping others because I have just about decided my claim is hopelessly mired in the bureaucratic maze and is too complicated to be fixed by anyone.

Well, I do have a rather unusual "bankie". I find comfort in reading the Word of God.

I think the most important thing needed to fix the VA is to get rid of the bad apples which are spoiling the barrel. Not only can the VA not get rid of management bad apples, they promote them instead: http://www.vawatchdog.org/08/nf08/nfdec08/nf120408-1.htm I think the second biggest problem is an IT problem. In college we learned that a company with a superior Information Technology system has a competitive advantage. The VA is at a competetive disadvantage with its "paper" disability claims system. For example, an employee can not "shred" a document with a good "expert system". Electronic documents "deleted" by employees (including management!) would be "tracked" and skilled "EXPERT SYSTEMS ANALYSTS" would be able to identify employees who "shredded" documents. An "expert system", for those of you who have not taken Advanced Information Technology classes, is software technology which enables management to isolate and identify problem areas. An expert system, for example, would easily identify rating specialists (or RO's) that have a denial rate above the average. I also think that managements reluctance to implement VA wide electronic disability claims processing is BECAUSE THIS SYSTEM WOULD EASILY DETECT FRAUD, and the Bad apples would be put out of business. This is a MONEY issue, folks, and frauds in the VA system are raking in Billions of dollars that is supposed to go to deserving Veterans. THEY have to deny legitimate VETERANS so they can pay out money to these frauds: Dont think so? Go to: http://www.va.gov/oig/publications/press-release.asp?id=18 or go to the VAOIG website and scroll down to "employee fruad" http://www.va.gov/oig/publications/news-list.asp Even Hillary Clinton has said the NY VARO office is full of fraud. (Altho that seems to be the pot calling the kettle black IMHO) http://www.vawatchdog.org/08/nf08/nfdec08/nf121008-2.htm

Wings I love that word "anarchisticaly" as it seems to describe the VA very well. You are articulate and I like that. Mrs Vet. Since you have indicated you hired a lawyer, my guess is that your lawyer is better qualified to explain this in detail to you than we are. However, As I mentioned, it would appear you have been awarded PTSD, and have money coming, less attorney fees. Congratulations. You can also check on your bank balance..I have heard some people get the money before they get the RO decision, but certainly not every time.

Tanker I was ticked at my C&P exam also. He said I said things we never talked about. I wrote the VA..and him. He did not respond. I got denied. I am thinking of complaining to the hospital Ombudsman that he did not respond to my letters or emails about my complaints in his C and P. Sure..Rental guy..or whoever can look at it, but I am not sure it will change anything. You dont have to win every battle to win the war. Remember, the goal is to win the war, not the C and P exam. Yes, the C and P exam made my case difficult. Remember this: THE REGIONAL OFFICE PICKS YOUR C and P EXAMINER. The regional Office does not even care if the doc who does your C&P has a valid medical license, as long as they put stuff in your C and P to deny your claim: http://www.va.gov/oig/publications/press-release.asp?id=26 This is just One doctor who got caught stealing $5million from Vets. Others get away with it. This is the reason they hired this doc to say things to deny your claim: http://www.va.gov/oig/publications/press-release.asp?id=28 In a nutshell they are stealing our benefits and giving them to themselves. That is why they deny us.

You need to understand there is a conflict of interest right here in the VA. Former Secretary Principi, now a lobbyist, is a majority owner of QTC. I think QTC is still doing comp and Pen exams Here is the link: http://www.vawatchdog.org/09/nf09/nfjan09/nf012609-3.htm Be sure to also check out the other links on that page for the complete story. According to the VAOIG, QTC overcharged the VA by $6million. There have been other employee and physician frauds at the VA, also: http://www.va.gov/oig/publications/press-release.asp?id=18 and http://www.va.gov/oig/publications/press-release.asp?id=27 Importantly, apparently the VA didnt even check this doctors license: http://www.va.gov/oig/publications/press-release.asp?id=26 I guess it was more important that the doc do C&P exams adhering to the VA's agenda, rather than find out if the doc's license was for real. Would it be asking too much for the VA to Call the medical school where the "doc" was licensed to check his credentials? Believe me, everything you and I say has to be proven over and over again..but a doctor..heck, maybe I should just print you a medical license and you could go to work for QTC and do a comp and pen exam for me..since QTC does not check docs licenses.. If you read these, you can get the picture: The VA picks your comp and Pension Doc. He goes through the motions, gets paid very well and tells the VARO to deny your benefits. Then, the RO pays benefits to fraudulent Veterans, and steals money that belongs to legitimate Veteran claimants. I know those people who say my "conspiracy theory" is nuts..but these are charges by the VAOIG..I didnt pull them out of a hat. I did, however, "connect the dots" If you scroll down this link to Employee fraud: http://www.va.gov/oig/publications/news-list.asp and you read these, you can see why I think there is widespread fraud in the VA, stealing our benefits. Remember, these are JUST EMPLOYEES WHO GOT CAUGHT, and not all of the fraud in the VA.

I will venture a "guess" on this one, this is my interpretation of your letter: It appears the AMC is sending your claim back to the VARO because you have hired a private attorney. The Private attorney, they assume wants to get paid, and attorneys (and judges) "look out" for each other getting paid. So, they want the VARO to take the attorneys fees out of any money the VARO sends you. Frankly, it sounds to me like VERY GOOD NEWS TO YOU. It sounds to me like you "won" at least some benefits, and the AMC wants to make sure you pay your attorney. I am sure the AMC knows you have an "attorney contract" but I am also pretty sure that they know if they just send you the money, without deducting attorney fees, then you may spend all the money and the attorney has a hard time getting paid. I think Congratulations is in order.

Although I feel Rentalguy does very good research, and has excellent posts, I respectfully disagree with his statement that suggests that the VA and Social Security share records and will automatically have a copy of your SSD statement, and its accompanying conditions because, there have been Vets on here who have TRIED to get the VA to consider their SSD and apparently they sent the VA the SSD records, and the VA cant find a record of them. If the "communication link" between the VA and the SSI was that good, it would appear that would be unnecessary. In my case, I have been trying, so far unsuccessfully so, to get the VA to consider my SSD in my TDIU case. I have not yet sent them a copy of my SSD approval, however, I think I will do just that. As I mentioned, if that VA-SSI link was that good, it should not be necessary. I do feel the VA can and does go "evidence shopping"..and locate, consider, and cite in a decision EVIDENCE that supports their pre-conceived conclusions in your case, while "forgetting" to order a report on any evidence that may not support their position. The VA has already been accused of "physicain shopping" to find a doc that agrees with their position, so why stop there? Why not evidence shop? IN THEORY the VA and SSI may share records, but IN PRACTICE it would appear that the VA SSI link is "weak" at best, and, in some circumstances non-Existant. Now, that does not mean I am recommending telling SSI one thing, and telling the VA something different..absolutely not. They have prison cells for people who have done that. However, UNLESS they ASK you for this, I do not recommend volunteering information that could "hurt" your case. To repeat: IMHO if your SSD report shows SC conditions, send it to them. If not, do not send it. At a very minimum, it would not bring to their attention something that may hurt your case that they may have previously overlooked. The Supreme court has ruled that a person is not required to testify against themself, and may plead the fifth amendmendment which says something like, "Sir, I refuse to answer that question on the grounds that it may tend to incriminate me."

Living Rock Smart move....Hang in there. Find out if your SSD is for VA SC conditions. If your SSD decision does NOT help your case, then I do not recommend you send your VARO a copy of your SSD letter. On the other hand, if your SSD decision is for Service connected conditions, then copy your SSD and send it to them pronto, on shredder proof paper, Certified mail, return receipt requested. Dont give up. They win if you do. Hunker down for a long fight, then if you get your approval tommorrow in the mail, celebrate! Some Veterans have gotten 6 figure "retros". Yes, that is more than $100,000 in back pay. Think of it as a savings account that you cant touch until you get your RO decision.

B)

Gee..I hope you do better than I have. I got a BVA award of a "complete grant of benefit sought" on January 13, 2004, more than 5 years ago, and I expect that it will take at least another 2-4 years for me to get my back pay from the Regional Office. Hopefully, you are not in "Drew Carey's" RO because they have such a backlog at the shredder, they are now requesting that Veterans shred their own evidence. This new ban on RO's shredding evidence should be over soon, and it can be back to business as usual, hopefully in a few more years.

John.. Of course, you are right, that the VA does not give sympathetic readings to the Veterans filings, even tho it is required. The next obvious question is how do we Vets make em do what they are already supposed to be doing? In my next appeal, I plan on citing this "congressional mandate" because: 1. It is critical to my case. 2. The Regional Office should have accountability. 3. VA Bonuses should be awarded based on service quality to Veterans, and not on the "You scratch my back and I will scratch yours" motto now in place. 4. I want to watch em squirm and see the flimsy excuse they have for not following this congressional mandate.

I agree with Mike and Berta: You have heard of MADD (Mothers against drunk drivers)..well Berta is MADDER (Mothers Against Delays, Denials, EXPECTING Revenge). I want to get Berta's Book because she has channeled her anger in a very good way..toward helping other VETS using the power of the internet.

Wings.. Thank you! In addition to the citations quoted by Berta, the one I like is: "The VA is required to give a sympathetic reading to a veteran's filings even where the facts of a particular case do not "coincide" with the facts presented in Roberson" Roberson said it this way: ...."the Congressional mandate that the VA is to ‘fully and sympathetically develop the veteran’s claim to its optimum before decision on its merits.’ I think that any Veteran who has ever had evidence shredded should win his claim..even if the evidence shredded is not that critical, because the above cases demonstrate that Congress has mandated full and sympathetic development, and I cant see how shredded evidence by the VARO could ever be construed as "full and sympathetic development" of the Veterans claim. JMHO

Rentalguy Thanks for sticking up for me.. There is no penalty for the VARO violating regulations..except to the Veteran. When VARO issues a bad decision, often the Veteran either does not know how, or neglects to appeal it. When the Veteran does appeal it, the VARO errors may not even be "caught" at the BVA level, and it may require still more delays and money to appeal at the CAVC level. In any case the worst that can happen, from the VARO standpoint, is that the Veteran "wins" and they pay the money they should have paid years ago..except they pay it with "inflated" dollars. That is, if you owed me $1000 5 years ago and paid it back to me today, without interest, I would be loosing the purchasing power of the money..$1000 today will buy much less than it would have 5 years ago. However, when I owe the VA money, they charge interest on the money I owe them, for example, for prescription copays. I have a Vet friend with an appeal pending since 1973..this means, even if he wins, he will still loose the interest his money could have earned for 35 years, since the VA pays no interest, and they pay retro at the rate in 1973, and 1974, and 1975, etc., not at todays rate.

Johh At least here in Dayton, you have to have a referral (consult) from your prime care physicaian in order to get a sleep study done. If that is the case, then ask your prime care doc for it, explaining your snoring, tired during day,, etc symptoms. If in doubt, I would have the sleep study done. At least here the sleep study is very good..and the sleep doc is good. According to my sleep study, I stop breathing (have an 'apnea event') 67 times per hour. Its like someone is trying to choke you all nite long..its no wonder sleep apnea is very, very bad on your health..way worse, I think, than smoking, or diabetes. If you think you might have OSA (Obstructive Sleep Apnea), by all means get it treated. The VA provided my sleep apnea machine even tho I am not SC for sleep apnea. (Tho I have appealed it). As mentioned, IF sleep apnea is SC'd, and your doctor orders a CPAP AND YOU USE IT, the disability rating is 50%. The CPAP machine is an amazing piece of equipment..complete with a "smart card" which records your CPAP use, and can even detect if the "mask" is leaking air. Your sleep doc uses this information to tell if you are using it, and if you arent, he may change the mask so that it is more comfortable. (There are dozens of masks, and they each come in different sizes)

Living Rock Social Security Disability can be used for evidence for your TDIU claim, but it is certainly no guarntee that you will "get TDIU". Social Security's defination of qualifying for SSD is different than VA's eligibility for TDIU. Yes, it would make sense if it was like you say, but it just is not that simple, unfortunately. Getting one does not mean you will automatically get the other. For one thing, SSD can even be used against you, if the conditions Social Security granted you disability for are not service connected by the VA. For example, if you have applied for TDIU based on PTSD from the VA, and you were awarded Social Security Disability for a back injury, then your regional office is probably going to contend you are not eligible for TDIU because the reasons you can not work are not related to your military service. I recommend you look carefully at your SSD decision, and your VA decisions as well. ONLY the VA can answer the question as it pertains to you..yes you COULD get social security disability AND TDIU. But whether or not YOU WILL GET it remains to be seen. I could win the lottery, but the odds are against it. I am not against you getting TDIU..not at all. I am very much pro Veteran. I am just telling you what I have seen happen. Search hadit, Veterans Benefit Network, Court of Veterans Claims cases, and decide what is best for you, because you know way more about your conditions than we do. Some people post decisions, medical exams..etc..to get opinions. If you dont do that, we posters, altho we are merely trying to help..are just guessing.

Hawker.. If you are looking for SC for Sleep Apnea, you want to make sure your sleep doc writes down in you medical report something like, "Veterans sleep apnea is most like due to nose injury suffered in military service" You may need to ask him to do this. Other than your Military Service Medical Records, this doctors opinion is your best shot at Service connection. If he says this, and then it is denied, then you need to file a NOD and appeal it. A rating specialist, or other layperson, can not use his own unsubstantiated opinion to refute the opinions of a qualified medical professional. The BVA knows this but most rating specialists at the RO level either do not know this, or at least they did not apply it in my case.

Living Rock You said, "I'm kind of almost leaning towards letting my appeal go and see what happens. Especially if I'd be recieving TDIU in the mean time. Atleast I'd be able to get back on my feet." IMHO, this will NEVER happen. They just arent gonna "award TDIU" while you are awaiting an appeal. The VA does not "hand out" TDIU like it was a free pen at a bank. TDIU is a highly coveted award where the VEteran is paid at the 100% rate, and it is only awarded after MUCH pain. I have been trying to get TDIU since 2002, even tho I have recieved a "complete grant of benefit sought" by the Board of Veterans Appeals, I have not been able to get it yet. To get TDIU you first need to be service connected with one disability at at least 60%, or, a combination of disabilities totalling 70%. Then, you have to proove that you are "unable to maintain or sustain gainfull employment". Most of the time that means you went through 1-2 years of training at Voc Rehab, and your doctor and VA counselor said unaminously that you are unable to complete your voc rehab training due to service connected disabilities. Just because you got both legs blown off in the war, does not mean you cant do ANY job..you would also have to demonstrate WHY you could not retrain and push paper with your wheel chair. Saying you will just "get TDIU while waiting on appeal" would be like saying..I think I will just be president of the United States while I am waiting for my unemployment to come through. You have a better chance at winning the lottery. Keep your appeal active and buy a lottery ticket.

ok..enough talk, lets hear it from the newest rock band: Clownman, Bronco, Scout, Rental and Purple Play that funky music, white boy..play it now. Make those Va people do my claim Im tired a waitin so longgggggg I got bills to pay... (Ok, now somebody else write the next verse of this song)

You got that right...about the VA having their own "world". even its own numbering system. Just one example, which "stiffs" Veterans: 100% married disabled Veteran gets $2823 per month. So, a 50% married Veteran should get $1411 per month right? Wrong. You have to apply the VA fuzzy math, and TAKE AWAY $566 dollars a month and pay the 50% disabled Vet only $845 per month or 29.9%. 50% does not equal "half" with the VA, it equals 29.9%. Is it any wonder why VETS are angry? If you and I were 50/50 business partners and I gave you "half" of $2800 profit of $800, you probably would punch me and get your other $600 bucks.

Living rock..Yours is a great example of how the VA system is "broken". You are between a rock and a hard place. If you continue your appeal..it could take years. On the the other hand, if you drop the appeal, you still may well not get the benefit you want quickly anyway as there is no guarntee the next RO decision, or DRO review will net you the desired benefit. It is absolutely ridiculous that, when you appeal, the other stuff comes to a halt. That is because the VA is currently on a "one paper system", so your cfile can only be at one place at a time. It cant be at the BVA for your appeal and also at development for your new condition. That is just wrong, and, is a big, big part of these long delays. It is kind of like the VA saying that you are not allowed to have two things going on at once. If you go to the doctor, and you have a broken arm and are bleeding from the head, is he gonna say, "NOPE..I only fix broken arms. You have to go to the back of the line again for your bleeding head". It is certainly reasonable that you could have an appeal at the BVA, for example, and, since that takes a couple years, concurrently have another condition flare up and need to apply for that benefit at the same time. This is one reason why we need an electronic, not paper disability system. In that case, the BVA would have the record, and the development team could be working on your claim at the same time. Right now, that does not happen. If it were me, knowing what I know, I WOULD NOT DROP THE APPEAL because there is only a small chance that asking for an increase will "bear fruit" faster than an appeal. Heck, there is even a chance that an appeal is done faster than an application for increase! I can speak from experience. I "dropped" an appeal, thinking it was holding up a claim for benefits. Big mistake. I got denied, and then, guess what, the VA used me dropping an appeal against me. I wont do it again. The reason I consider it was because I naievely thought they would grant me benefits quickly. Wrong. The VA will fight you tooth and nail for every dime, almost every single time. JMHO

I will add my 2cents worth. Unless I am crazy, you can get SSD (social security disability) and TDIU, because: you were disabled and unable to work from military conditions and you were also disabled and unable to work in your civilian life. I think the confusion may be the different types of VA compensation and also social security. Please correct me but I think its like this: VA Pension..needs based..social security is an "offset" to VA pension..if you get $500 per month social security then your VA pension will be reduced by $500. VA disability compensation: NOT needs based, but based on level of disability. In theory, you could be 100% disabled but operate a successful busines from a wheelchair and still collect disability compensation. VA TDIU..You have to show you are unable to obtain and maintain substantial gainfull employment. So, if you were earning 50 grand a year even if it was from a wheel chair, then you would not be eligible for TDIU, but you would be eligible for disability compensation. SSI..needs based... other incomes, such as VA could make you ineligible SSD (Social Security Disability) NOT needs based. You paid premiums, while you worked, and were disabled from work and are entitled to this benefit. SS (Retirement) Sort of a blend of needs based and not needs based. You paid premiums, but SS counts as income for other things, such as VA pension, etc. If someone can correct this, especially with a link showing otherwise, then I will admit I am wrong.

Cowgirl It has happened to me before..where the VA rep. asked for my last payment amount. IMHO, this is probably a good thing. REASON: This rep is sitting in front of a computer with all our data..EXTREMELY PRIVATE medical histories, social security numbers, addresses..stuff an Identity Thief WOULD LOVE TO HAVE. So, how does the VA rep know you didnt find a VA letter in the trash..maybe a couple other letters..and BINGO..the identity thief "forwards" your checks to a "new account". That is, I WANT the VA to make darn certain that it is me, and not an identity theft who "found" my wallet and a few other documents related to me. Apart from "dumpster diver" identity thieves, there are the new generation of identity thieves..hackers. I studied Information Security..and just a few tidbits: Did you know that the author of the book I was required to read says that there have been more than one theft EXCEEDING ONE HUNDRED MILLION DOLLARS that has not been reported? Reason: You are the CEO of a large company, and hackers broke into your computer and stole 100,000 of your customers visa card numbers. To fix it, you pay each of the 100,000 customers "weird" credit card staments. You know, if you report it to the police, your shareholders will know, and ask how you could as the CEO let a 17year old boy steal $100 million of their money? Do you think you will "keep" your CEO job..after letting a teen age hacker outsmart your entire Information Security team? Worse, customers will find out. Would you want to worry if you give your credit card to the cashier knowing that others who did so lost $100 million? Result: This theft CANNOT BE REPORTED, but is often hidden in accounting mumbo jumbo: "Company had a one time $100 million restructure expenditure, and expects this restructure to benefit shareholders with future profit increases" So they ask you questions..to determine its you. An identity thief may have your address and SSN..but they probably dont know when you went into the military and when you got out AND what was the amount of your last VA payment. The more they ask..the more likely it is to be you, and to "trip up" an identity thief trying to abscound with your benefits. JMHO, but identity theft is real, and I cant afford for one of them to be getting my benefits, so I WANT THEM to ask me real personal questions that only I would know...to make sure.

Carlie and Free I agree that you can both write clear and concise, and that is necessary to win a claim. Here is my problem. Due, in no small part, to SC conditions (depression), I am unable to write clear and concise..I tend to wander off subject..and the reader gets confused as to what I am requesting. VSO's wont do it for me. They really wont even look at my case, much less spend the 20 hours or so to review it an summarize it. My medical records are 2inches thick, there are 5 RO decsions..hours and hours of reading...before you even get to the summarize part. So, is my claim supposed to be denied because I lack that ability? That is like putting the "disability rights" courthouse up 40 steps with no elevators so that wheel chair individuals can not get their rights. Now, I am turning "my life" over to a lawyer. This VA stuff is my life and my livelihood. And now, I have to trust someone with "my life" that I barely met whose industry's reputation is pretty bad. I feel like I am on the operating table with the surgeon operating on me who just got out of prison for "faking" medical certificates... I am sure that I am NOT the ONLY VETERAN who is not good at writing clear concise paragraphs. I WAS good at it. I have a college degree, and, no I didnt send in two kellogs box tops to get it. But, after my depression, it is nearly impossible for me to seperate my emotion from my writing. So, I write what I think! And I think I want to strangle the people in the Regional Office for screwing up my claim so bad that my kids didnt get to go to college, and ...you dont want to know the rest... I wish I could just send Carlie or Berta, or someone like you my cfile..then have you write stuff to "fix the mess". I will sign it, and then, pay you. Kind of like how the poor writers got through college..they paid others to write their "English Comp 101 Research Report" for them. Well, I did not "fake it" in college, but I just cant do it anymore..cant stay on task and on subject.