broncovet

The Cleveland Regional Office was one of the WORST 4 Regional Offices with 58 Shredded Veterans Claims, according to the VAOIG investigation. So, How did they deal with the Shredding of claims? Jail Time? Firings? NO! The manager was PROMOTED! Its really true, and here is the link: http://www.vawatchdog.org/08/nf08/nfdec08/nf120408-1.htm Is it any wonder that Vets have lost confidence in the Regional Office and no longer trusts them? I hope you write to your Senator to "shred" this managers promotion, like she shredded Veterans claims.

Hoppy...great post! I used to think, like the naysayers, that the VA was all about helping Veterans and wanted to expidite my claim..they were just "to busy". However, that was 4 regional office denial decisions, 2 "lost" NOD's, and almost 8 years ago. Incredibly, I won my BVA appeal back in 2004, and the Regional Office has issued 3 of those denials since then. One of them, they didnt call a denial, they called it an "award of 0%". The courts have already decided that was illegal, but regulations did not stop the VA from doing this to me. The RO's interpret the regulations in order to further their own agenda. This court case shows that they cant do that: "There is little doubt that the claimant seeking disability compensation who receives an award of service connection,an effective date, and a 0% disability rating (with no compensation) will wonder how the claim for compensationcould be considered substantiated. See United States v Wilson, 503 U.S. 329, 336-37 (1992)" I "won" the appeal, then figured the RO would award benefits based on the BVA appeal. NOPE.I cant pay my bills with a BVA award. Its that "hidden agenda" you mentioned. There is a HUGE "BLACK HOLE" in the system: You send your NOD to the Regional Office, not the BVA, when you dispute the decision. Then, the RO decides whether or not to shred your NOD. The Cleveland RO office shredded 2 of my NOD's. So, I sent a "Special Claims Handling" request, because of mishandled documents to the Regional Office that shredded the first 2 NOD's. It is like the wolf gaurding the chicken house and providing an account of "how many chickens". And, the wolf says there are no chickens missing, but I know better.

Teac.. Of course what you said is true that for every crooked VA employee there are hundreds of honest ones. However, that is like saying it does not hurt to have a family member murdered, because for every murderer there are hundreds of non-murderers. That does not mean that if it was your loved one who was murdered you would not one the person responsible to pay for his/her crime. I dont want honest employees to pay for stealing money from Vets..I think there are a few key managers with other RO passwords who are robbing us blind. Kind of like the Wall Street guy who stole something like 50 billion..sure he had help, too, just like the few crooks in Regional Offices. I think those crooks have outsmarted us..its a "white collar..e-crime", but it is costing Vets billions.

Great point Carlie! This was brought up when the grocery stores were charging the wrong price for items with the scanners..It was pointed out that 98% of the time the "wrong price" was in the grocery stores favor. It would be logic that the "wrong price" would be just as likely to be less..UNLESS the stores "forgot" to change the price..in their favor. In a similar way, if it were just errors, it looks like there would be millions of Vets collecting more benefits than they are supposed to! I dont like the "conspiracy" word. It would only take say 2 or 3 or a half dozen crooked management to pull off a massive Veterans theft. ..oh well, I am not pretending to be completely sane, yea, I do think VA managers (some have already been convicted of fake claims and dividing the pie) are probably stealing from Veterans..I can see no other real good reason for tens of thousands of deserving Vets being delayed/denied.

Yea, I got the same thing. Dear Veteran.. We are very sorry that your evidence to your claim was shredded. It was, however, the Veterans own fault that he submitted evidence that is shreddable that did not jam our shredders. It was due to the large number of staples in Veterans claims, not the fault of VA management. Next time please submit claim forms on paper that does not contain stapels as it jams our shredders. In the future, please ask for special claims handling on forms that are easily shreddable, per Dr. Peaks fast letter 08-41. The last time the Veteran submitted evidence it jammed our shredders. Now, in lite of the fact that this is the Veterans own fault that he submitted unshreddable evidence, we just cant find any evidence supporting his claim. Therefore, we are promoting the manager at Cleveland Regional Office to Vice President IN charge of Shredding Veterans claims. Please stop your whining about shredded evidence.

Berta.. Thanks for your input. May I ask what is an "EP End Product Code", and why would VARO employees deny deserving Vets to get this? Also, more evidence has been brought to my Attention: The Cleveland RO is one of 4 RO's where the VAOIG found instances of shredded documents. If the RO would break the law and shred Veterans evidence, why stop there? Why not just fake claims, divide the pie, and spread these claims all over the country so that the RO manager does not have to take the heat. To do that, one RO just needs to be able to log onto another RO's database. Finally, what does the VA do when the RO is caught shredding evidence by the VAOIG? Why they promote the manager, of course! Shredding Veterans evidence is the fastest way to get promoted in the VA. No kidding..here is the link: http://www.vawatchdog.org/08/nf08/nfdec08/nf120408-1.htm

Notime I agree with commander Bob and Hoppy. You need to go ahead and ask for "Special Claims Handling" per Dr. Peak's fast letter 08-41 (document shredding). It would appear to me that you are another victim of document shredding. Go to this link for the VA watchdogs newest information on document shredding: http://www.vawatchdog.org/VAshredderscandal.htm

I do recall reading this. A hospitilization or VA doctor visit can be an informal claim for increase. IMHO you still have to ask for initial benefits by using a 21-526 application for benefits. If you have already applied for benefits, this hospitilization could be an informal claim for increase.

Yes, RonII, I agree that they probably used the wrong template. The ST. Pete template was probably used by a previous person who used that computer. Question is, of course, is why would the St. Pete Template be put in there in the first place, unless, someone was working on a ST. Pete decision in the Cleveland Office OR that decision was actually done in ST. Petersburg? It really looks like one Regional Office is logging on as another regional office. Its a tell tale sign.

Dave I do agree with Berta in that you should ask for reconsideration, just like she said. I would not worry at this point whether or not it is CUE, because you are within the one year period. CUE is normally for people who did not file a NOD within one year of the decision..and then discovered that the Regional Office violated some regulation, that is, Clear and unmistakable error. I do think that CUE cant simply be a "judgement call" where you think it should be 70% but the RO rated you at 30%. However, if you could show they failed to consider evidence, then that is CUE because the law requires they consider all evidence. Isnt that correct, Berta?

Signal You have a year from the decision to file a NOD. It sounds like you did that within the year. There are two exceptions to the "one year rule" Exception 1. In the Event of Clear Unmistakable Error, the one year limit does not apply. CUE is a higher stand than a conventional appeal..it is a collateral attack upon the decision. However, if they ignored evidence, that is an example that meets CUE standards. Read the stuff on CUE on Hadit. Exception 2. An exception to the one year rule is made in the event of multiple appeals. Someone else may be able to post the link to these rules, I could find them if no one else comes up with them.

Not a bad idea, Purple, I am not sure that I want to "show my cards" yet, tho. If the VA IS doing this, I want those responsible to pay for cheating Veterans. Does anyone else have a theory as to WHY the VA regional Office is so determined to deny and delay our claims other than a purely greed motive on their part?

I recently got a VARO decision from Cleveland RO with a St. Petersburg RO cover page. This seemed more than a little peculiar, and I have been thinking why would this would happen? I am fairly sure these decisions are printed on computer, with the "default" cover page, being the local Regional Office. Of course, this is a mistake, and I cant help but wonder why one RO would log into another RO's database? To help Veterans? To speed up the claim? Frankly the RO does not give a rip about Veterans. (Yes I know RO's "farm out" their claims to other RO's, and mine has been farmed out to Virginia and Philadelphia. However, in each case, they told me about it. This time, they did not "farm me out" to St. Pete) Also, when I was "farmed out" to Roanoake RO, Roanoke did all the development and leg work, but then it was sent back to Cleveland for a decision. I think the most likely reason is VA employee related fraud. To me, it is a "smoking gun". When I put it in context, the whole thing makes sense: The VARO's denies deserving Veterans, funnels this money into "fake" claims, with large retros, (they have already been caught at doing this!), then "covers it up" by spreading the fake claims, with large retros over multiple Regional Offices, so it does not look like it is coming from one particular VARO. Of course, this would take lots of people in different cities all working this fraud together, but the "fraud pie" would be big enough for many to partake. YES, I know this all sounds crazy, BUT WHY ELSE would regional Offices be so motivated to delay and deny our claims by the bushel basket full and even shred them? I would like opinions! I have no proof..just a decision from Cleveland with ST. Pete cover page and THOUSANDS of DEserving VETS being denied and delayed.

Commander.. TDIU either P&T or not P&T seems to not be that easy to get..the Va isnt handing them out like S&H green stamps...for most of us it takes years to get..if they get it at all.

I have sleep Apnea and use CPAP. However, it is not service connected. I asked my sleep doc what causes my sleep apnea. He said obesity..specifically, in my case, my throat has excess tissue..fat.. and when I relax during sleep, it occludes (closes up) my airway so that I can not breathe. Then I wake up, breath..fall asleep..stop breathing..the cycle continues. He also said that if I lose weight, it would help or even cure my sleep apnea. I applied for SC for sleep apnea secondary to depression. It goes like this..depression..causes food addiction (obesity) causes sleep apnea. VA denied SC for sleep apnea, but I have appealed..Since my depression is SC, I dont think it is a stretch to think that depression, in at least some people, can cause obesity. And, since my sleep doc already opined that obesity contributed to, or even caused sleep apnea, then, for me, I think it is my best shot. There are different kinds of apnea, mine is Obstructive Sleep Apnea, OSA. Hope this helps a Vet.

Sunfish.. I have discovered that "what the Va is supposed to do, or what they are required by regulation to do", is not necessarily the same as what they do. I certainly can appreciate that you want the claim you have not to NOT be delayed. However, you will have better luck trying to stop it from raining than trying to prevent a delay in your claim by not filing for TDIU now. THEY can delay it anyway..for any reason. IMHO, I recommend that you immediately file a claim for TDIU, because any delay could cost you retro of about $2500 per month...they could easily NOT automatically file you for TDIU..and easily "low ball" your hubbie with 30% disability or less..then you would not be eligible for TDIU. Finally, you need to realize the most likely outcome is that your hubbies claim is denied, and that you have to appeal. I dont mean to sound negative, but the VA's motto is "Delay the claim as long as possible, then Deny it, and when the Veteran appeals, Discredit him" ..the 3d's. I figure you should be prepared for this denial now..and then be happy when you get your claim approved the first go around rather than hope you will get the money six months after applying and wind up 7 years later, like me, still trying to get my benefits. Then, when you appeal, you will have to start the TDIU thing all over again. Commander Bob.. Thanks for your positive comments..however, it appears to be a bit unrealistic for sunfish to get TDIU or even close in less than a year..does anyone know anyone that has ever happened for? It takes most Vets years, and years and years to get TDIU..I would say the average is more than 10 years counting appeals, and implementation of the appeals, etc.

Mike.. I agree with Berta pretty much. I sent you a private message about what I did.

Great. You will need to "maintain" your hearing aids. Most of them have vent holes..and those tend to get clogged with wax. I use one of those nylon "price tag" holders off of a pair of jeans. You can push that piece of nylon (fishing line may also work) through the vent in the hearing aids to help keep the wax out of there. Your hearing aids wont work if the vent clogs up with wax. Also, you can order your aid batteries from the VA. Your audiologist should give you a card..you mail that card to VA probably in Denver..do that a couple months before you run out of batteries. I think they send you six months supply of batteries and then you have to order another six months supply. Dont let your hearing aids get wet, if possible. If you do wash them in the washing machine, they might still work..I did that once but dont recommend it. If you have trouble with your hearing aids..and you tried cleaning em, and new batteries, then take them to your audiologist..sometimes they have to send em back to get fixed. Be real careful about loosing your aids..mine do not work well with the phone, and I usually have to take them out when talking on the phone...so I tend to leave my aids near the phone. I HIGHLY RECOMMEND a class called "Living with hearing loss" in our area. It lasts about a week, but is worth it. Finally, if your wife yells at you turn off your hearing aids! Your family may notice YOU talk more quieter when you have your hearing aids in.

Allen..thanks for the "heads up" on Vietnam vets. There is no doubt in my mind that we 'nam Vets get the shaft over the new vets. Though I certainly appreciate the OIF, Gulf Vets, Iraq Vets (my son in law is serving in Iraq right now!), I do not feel they deserve "priority" over Vietnam era Vets. I picked my son up from the airport in his army uniform a couple weeks ago. People "clapped" for him and his Army buddies at the airport. Even tho their applause moved me, and I am proud of my son's service, I remember that I was "boooood" at the airport in uniform in the early 1970's. I am pleased we are now "supporting our troops" but I certainly do not feel that Vietnam Vets somehow deserve less support than Iraq or Gulf war Vets.

Notime.. I agree with Berta and poolguy. The VA is like the IRS. For example, if you call the IRS and say, "Is this deductable" and they say, "sure", then you can hold em to that, right?..wrong. Same with the VA. The 800 number people can tell you your check is in the mail..and then you get a decline lettter, and you can do nothing about it. IRIS is an abbreviation for a secure email the VA uses to answer claims questions. To ask the VA a question about your claim, via iris email, do this: go to www.va.gov Then click "contact us" in the upper right hand corner. Then click "Ask a Question" You will have to give them information, then you can submit a question via IRIS. How long it takes them to answer depends..I have heard 53 days, on hadit, and I have, on occassion, been answered in less than one day. Thanks for your service to our country.

You have what you need to get your claim approved! Your audiologist statement might need a little tweaking..make sure he or she states these EXACT WORDS, "Veterans hearing loss most likely as a result of military service" (such as "gunfire at Lackland"). My hearing loss was declined by the Cleveland Regional Office and declined again by the decision review officer. The BVA, however, weighed most heavily on the audiologists opinion, and not the unsubstantiated guess of the rating specialist. This is why we Vets say that the VARO has rubber stamps of "claim denied". There has to be compelling evidence to overturn your audiologists opinion. A rating specialists opinion that has never tested your hearing is NOT that compelling evidence. They would have to order TWO comp and pension audio exams and both of the audiologists state to the effect that your music caused the hearing loss, and not the military, in order to "overturn" your audiologists opinion. The reason it would take TWO is because your lawyer can argue to "favor the Veteran" rule..if 2 docs offer differing opinions, the rule says they must accept the opinion most favorable to the Veteran. It is called "the doctrine of equipose"...if you can prove there is a 50/50 chance it happened, then regulations require the Veteran be given the benefit of the doubt. However, be careful, because if your doc says "hearing loss may have been caused by military service" it will be declined, because that is speculative, and benefits are not awarded on "maybe" something happened. You audiologist is your friend and they hooked you up. It is Very difficult to get some of them to say that..even if it is true. I recommend you carefully prepare a "Statement in Support of Claim" ..for your appeal. Explain why your hearing loss was caused by the military..(you shot guns at Lackland and played the trumpet in the military band..you also listened every day to loud printer system noises..if that is the case) Also explain why it was not caused with your civilian career. For example, if you worked in an office as a civilian that was much quieter room than your military printer job, state so! You may also explain things like, none of your family members suffer hearing loss, etc, etc.

Stillhere: Yes, I know what you mean. I am in my late 50's..and my hearing deteriorates by about 3-5% per year also..so I am going deaf, too. Like you, I want to get my VA claim settled before I go deaf. So far I have worked on it since 2002..seven years. I have worn hearing aids since about 1995, but, according to a course I took (callled "Living with hearing loss"), the average Hard of hearing (HOH) person struggles with hearing loss for 10 years before getting hearing aids. So, my guess is that you had symptoms of hearing loss about 10 years before 1984...or about 1974. Even though I have only been 40% successful (I am rated 0% for hearing loss, 30% for depression, and 10% for tinnitus), I will still offer this advice for you that I have learned over the past 7 years of dealing with the VA: 1. ASK your audiologist to write in your report these words: "Veterans hearing loss most likely due to noise exposure during military service"...if you indeed feel that is the case. 2. DO NOT lie, ever, and dont even try to "fake" that your hearing loss is worse than it is. At least part of the reason I was awarded benefits by the BVA is that they stated to the effect that the Veterans statements were fully consistent with the evidence of record. That is, the BVA was not with me in Boot camp. they did not hear the jet engine noise, etc..etc, but I printed a googlemap of my barracks, showing its close proximity to the San Diego airport and highlighted it in yellow. I also pointed out my audiologists opinion, "most likely due to military service". 3. However, DO tell the truths that are "favorable to the Veteran". Look up regulations. Browse Hadit. Read all you can. In about 2002, the VA published a manual on hearing loss which relates hearing loss, depression, and unemployability. I am having a little trouble finding this report, the VA may well have removed it, since it works well with Veterans claims. 4. The 7p's beat the 3 D's from the VA. "Delay, Deny, and Discredit the Veteran," are the VA's motto, but ours needs to be: "Proper Preperation Prevents Poor Performance, then Persist, and aPPEAL" Thank you for serving our country and good luck to you.

TEAC I really would like to believe what you say is true..that there is no fraud in the VA. However, "just in case", I did a google search on "Veterans Affairs Fraud" and came up with 276,000 hits. Of course, not every single instance of VA fraud is reported, and, there is always a possibility that when it has been reported, it "could" be "covered up". It may even be possible that some Veterans dont even know how to report fraud..or report it to the wrong place and it falls through the cracks. You say you need "proof" of this VA fraud? Rather than cite individual examples of VA employees convicted of fraud, go to the following link, and pick YOUR Favorite Example of VA Fraud, then post it on hadit! http://www.va.gov/oig/publications/news-list.asp Your statement about there being no fraud with the VA merely shows that the VA is doing a much better job at covering up their fraud, and keeping it from the media, than they are at eliminating fraud. I am very pleased that the VA apparently has not defrauded you, however, the office of Attorney General says they have defrauded others.

"It takes the amount of time the VA wants it to take." It is unfortunate, but it depends on your regional office. I heard of one Veterans claim taking a month. My claim has taken more than 7 years, and I understand there are people who have waited MORE THAN 20 years to finally get their claim settled. I personally do not think ONE employee in the VA deserves a bonus as long as there are claims out there longer than a year old. If the regional office has claims over 2 years old, then, instead of a bonus, they should deduct 10%. If bonuses were awarded based on claim time, those claims would be hurried up.

DaNang Yes, I agree those numbers are rather suspicious. However, it does not necessarily mean that you cannot be awarded SC for hearing loss. Like you, my hearing was rated "normal" upon separation, but I am now SC for hearing loss because my audiologist offered the opinion that my hearing loss was "most likely due to military service". Even more important than the degree of hearing loss to your rating is "speech differentiation". Let me explain what "speech differentiation" means. The brain "converts", for example, the word "fork" into an image of a three pronged object for eating. If someone said "fork" to you in Chinese, you may hear what they said, but you probably would not understand (speech discriminate) they wanted you to pass them the fork..you just would not make that connection. In a similar way, people who are hard of hearing loose speech discrimination over time. The brain looses its ability to know what a "fork" is..almost like they heard the word, but it was spoken in Chinese. I have about 90% speech discrimination. That means 10% of what I hear falls into cyberspace, and I dont get it. The VA does understand this, in their ratings, and speech discrimination is more heavily weighted than actual hearing loss. The speech discrimination test is when the audiologist asks you to "say the word popcorn"..if you say popcorn, you got it. But if you say, "tin horn" you heard the word..but did not get it. Of course, the VARO still tried, at least twice, to deny my benefits. However, by the time people reach the BVA, they require they know how to read and write! Regional Office employees do not have to know how to read and write, they put on the "Claim Denied" rubber stamp so they can tell which one to use. Seriously, the regulations state, to the effect, that the rating specialist can not use his unsubstantiated opinion to "trump" a qualified Audiologist's opinion about your hearing loss. The only one qualified to oveturn the above opinion, is ANOTHER Audiologist. This is often why the VA calls for C&P exams. In a C&P exam, the VARO decides who the examiner is to be, not the Veteran, so they often hire and pick someone who will be on their side..not the Veterans side. This is just one way that some states pay Veterans less compensation than other states...they hire "consultant" physicians to do C&P exams. They then give that physician a rubber stamp that says either, "Veterans disability due to Veterans own misconduct" or, if the doc likes you, "Veterans disability not likely caused by military service". At the end of the year, "bonuses" are paid, not to how many Veterans are helped, or whether or not the claims backlog was reduced, but based on how brown your nose is. I had to put a little humor in there to keep from going nuttier....