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shag
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Posts posted by shag
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I know I said I would have nothing more to say.....but then I found this...thought I would share this as we ALL seem to be in a battle: "It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly; who errs and comes short again and again; because there is not effort without error and shortcomings; but who does actually strive to do the deed; who knows the great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the best knows in the end the triumph of high achievement and who at the worst, if he fails, at least he fails while daring greatly. So that his place shall never be with those cold and timid souls who know neither victory nor defeat." If you were strong enough to fight for your country...surely you can fight for yourself...(albeit most of us with help.} LL
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http://www4.va.gov/vetapp09/files4/0928568.txt by the way, I still have no comment,,,,just trying to learn(understand)
I agree with Hawkfire-I think the C & P examiner gave no medical rationale for their statement.However-
please post the hyperlink to this decision as it cannot be opined on out of the whole context.
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Thank you Ch49 and you other guys.....There is more than one way to look at the situation... I have learned!!!!! Thank you again... It's just that there seems to be many on here that have mentioned VA games,,,I thought this might be one. But it could very easily be as you have stated. Glad I learned to put the question forward, hush, wait, and listen (read)...
OK...I'll bite. I read this over 4 times..then I looked up 'Remand' - An appeal returned to the regional office or medical facility where the claim originated - to be sure I wasn't completely crazy in my understanding.Maybe I'm full of it but it sounds to me like BVA didn't like what they were looking at in this vet's claim. I know a remand means more waiting, but if the outcome is positive for the vet it could be worth it. In this case, let's say the claim had one or more IMO's stating that it was 'more likely than not' and this one examiner said it 'is less likely than not'. Isn't it possible that the BVA is sending it back to 'offer a complete rationale for his opinions, expressed in the examinations referenced above, that it is less likely than not that the Veteran's hypertension or heart disease are related to or aggravated by the Veteran's service-connected PTSD' because they think the examiner didn't offer proper documentation and his statement doesn't support the evidence in the rest of the claim? They say they want an addendum, which tells me the examiner didn't show or give proper rationale for his statement. I've read it and read it and it really sounds to me like they are giving this vet the benefit of the doubt on this one, as they are supposed to. Call me crazy...I can take it. Of course, one could say that they should simply weigh the positive IMO over the examiners....but maybe there were no IMO's and they are simply looking over the evidence...all food for thought.
Hey, I'm new at this!! I can think positive.
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HELLO
Is that for real???They are actually saying that the examiners has to state "is less likely than not"?????
NO Way!
Then again, it may be that the examiners alread stated this and didn't supply the reasoning for his decision. Then they are asking for him to give this reasoning so the case can be adjudicated,
But if he's not working there anymore they want someone else to write the old doctors reasoning?????
Why didn't they just order a new c&p?
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this may need to be read twice. It is from a vet's remand from the BVA. Accordingly, the case is REMANDED for the following action: 1. The AMC should send the Veteran's claims folder to the examiner who conducted the April 2004 and December 2004 VA heart examinations, or if the examiner is no longer available, a suitable replacement, to request that he prepare an addendum to his report. The Veteran need not be re-examined unless an examination is deemed necessary. If a physical examination is deemed necessary, all indicated testing should be accomplished. The claims files should be made available to and reviewed by the examiner. With reference to supporting data, the examiner is asked to offer a complete rationale for his opinions, expressed in the examinations referenced above, that it is less likely than not that the Veteran's hypertension or heart disease are related to or aggravated by the Veteran's service-connected PTSD. Hard to believe that one.
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Tbird or Lady Tbird PLEASE EX MY HANDLE THANKS
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PLEASE with all that GOD has give me I ASK PLEASE CLOOSE THIS..... i have nothing constructive to say....thanks for the threat carlie..,.......lyou got the real big ones.
PLEASE CLOSE THIS TOPIC>>>>>>>>>>PLEASE CLOSE THIS TOPIC>>>>>>>>>>PLEASE CLOSE THIS TOPIC -
PLEASE CLOSE THIS TOPIC>>>>>>>>>>PLEASE CLOSE THIS TOPIC>>>>>>>>>>PLEASE CLOSE THIS TOPIC
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SHAG lol not Shaq....... if I was that shaq,,,I would probably be out fishing or trying to be sheriff...ha ha LOL
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FOTF = falling on the floor.
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Thanks perl.......You are probably the only one who figures that I had a visit to the place yesterday.....Actually, it went well,,,although after (being followed half the day because they thought I was gonna go off or something) I was overwhelmed. I am better now and thanks for understanding. As you can probably figure, like most folks here, I have appeals that have been going a long time ('06) and it just gets next to me sometimes. You probably noticed to that I don't rant on a regular basis. So I apologize and BTW (FOTF LOL),,, I would be the last to try to take you millions.......(LOL)
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Carlie,,, I do apologize for pointing things out......I (mistakingly) thought this is America and that this was a Public forum..I guess I will, as some say,,l,, crawl back in my hole, or under the rock I crawled from under, or ride out on the horse I rode in on....and that is what makes most folks not want to say anything anyway. Most folks are not like you carlie....they don't speak out......Now you can see why,,,,,because, like always,,,you head gets cut off....So,,,carlie,,you got the power...go ahead and close this one down to...One thing is for sure....i am back under my rock, or back in my hole whatever. Thank you for making me feel so good about myself. never again will i speak out..bye bye
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49er, and larryj, all of you guys are right. And Pete...you too are correct in the way we look at the (VA) world. I know there are lots of guys,,,like me at one time,,,who just didn't know or didn't think it would be worth it to file anyway. Got relatives, who served, but don't want anything to do with the bureaucracy. To them, it is to much of a hassle. (and some were grunts). The thing is though, like many have said,,,"Put your claim together,,,(or with a VSO) prior to filing. And, (if the folks read your evidence), where is the problem. The problem is people don't read the material,,,(it takes tooooo long, ha), but we have personnelmen, records clerks, and administrative types getting out of all the services everyday...If they have been good at their jobs in service,,,,why can't we hire them to process claims? Second shifts, as someone said. The REAL problem seems to be that we don't REALLY want to solve it. Do away with government protection of federal employees. What is that about? Hell if they don't produce take the advice of Mr. Trump..."You're FIRED". Now if they have some years of honorable service,,,that may need some consideration, but otherwise,,,we will not protect you if you cannot or will not do the job. Anyway,,,I am done...Thank you guys for the comments and I hope that somebody from the board is in a position to do something about it. Again, I am humbly done with my rant. smile
Shaq,I agree that there are always some people that will try to take advantage and file bogus disability claims and it's sad that a few bad apples have to ruin it for many that have valid claims. I believe that most people that file are simply good people that want nothing more than what they deserve.
I agree with LarryJ's response. For us older guys & gals [i'm 61] the claims process isn't always easy. It may take several months just to gather our records & evidence before we can even think about filing a claim. Records/evidence can be difficult to locate, sometimes impossible. Getting Buddy letters to support a claim may be more difficult since our 'Buddies' have disappeared over the years & may actually be gone by now. I had trouble remembering all of the places, times and specifics to support my claim because I'd spent years trying to forget everything.
Since coming to Hadit I've learned that I've made some mistakes in my dealings with the VA. I'm thankful I've found Hadit to help me learn to do things correctly from here on.
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Most vets would say that a claim is a claim when the VA says it is a claim or when the vet thinks there is a claim. And we talk here on this board and in the VA waiting rooms about claims being decided. Just my thoughts: The claim is a claim when the vets service records show the disability or injury or illness occured. So,,,excuse me,,,where is there a decision to be made? The only decision to be made is the extent of the disability (percentage wise). A lot of things would, IMHO, go faster, and easier if (and jump me if you want,,,,but this MUST be said.) folks without legitimate claims filing in the first place... It is NOT the lottery, and again (jump me if you must,,,,but this MUST be said.) there are legitimate folks out there with legitimate claims who can't get through because somebody is trying to shake the system. (....i.e. making claims that they, in their heart of hearts know are bogus just to see if they MIGHT get it through and get some money)
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hollywood, hollywood,,, great ideas,,,,,,and excuse me but I think IMHO (LOL) hiring folks (just anybody) is what got us in this mess to begin with. LOL Most of the folk they hired though,,,don't want to work,,they just want to draw the check... Seems most higher ups in the organization in question,,,(LOL), VA,,,,didn't care if they could read..... otherwise there would not be soooooooo many appeals in the first place. again just IMHO
You're absolutely right.As it stands now, citizens cannot sue gov't employees. They are protected under the Umbrella. They know this, and continue to abuse their position, knowing that they will get away with it, unless it is so egregious, that the Gov't has to take notice/action.
When I sued the DVA in 2003-2005, I had an attorney (RO Regional Counsel) fired from her job, for fabricating info to make her case stronger during the EEOC process. She obviously violated her oath stipulated under ABA rules. I had Material Facts to contradict her statements, and WHAMO...she disappeared from that RO!
It CAN be done.
Specifying WHO said what or performed an illegal act not within the confines of law, raises questions whether this individual has the DVAs' best interest in mind. Even if the employee has an impeccable work record, it doesn't mean that he has the DVAs' best interest in mind.
The overall purpose of the DVA is good...it's those power hungry, self centered scumbags, and the sheep that run with the pack that ruin it. Trust me...Politics runs ramped at my RO.
Eliminate that stupid quota bonus, and you eliminate greed. Eliminate greed, you eliminate the drive to pass over the claims that are to complex...meaning ALL claims, no matter how small or large, are viewed equally and fairly.
The quota bonus is the problem here, being that people must resolve so many claims albeit Yay or Nay, within so much time. The more claims that are resolved, would guarantee that the RO will receive a huge bonus for all to share.
With THAT in mind, employees are pressured into exceeding their quota, by picking and choosing the easy claims (the ones that are obviously simple and cut and dry approvals/denials.).
DVA employees are paid to WORK, 8 hrs a day, 5 days a week. When I was at my RO, people held Pot Lucks during business hours on a frequent basis. That must stop. They're paid to work...not party.
This problem can be resolved quite easily...
When a business is overwhelmed with orders, how can they meet this demand?
It's simple...the boss hires more people, and if necessary, hires temps to work a second shift!
This whole problem with 600000+ claims can disappear within 12 months. All these bozos have to do, is start a second shift! 5 CFR 316-301 & 401 allows agencies to hire employees on 'term appointments', so the DVA can hire individuals as per OPM (Office of Personnel Management) guidelines.
The big picture here reflects suing the DVA for due process violations, unfair treatment, etc. and its' inability to resolve the thousands of claims withing a reasonable time. This would ALL go away if:
The DVA went paperless...
The DVA started a second shift...
The DVA eliminated the Quota Bonus...
The DVA eliminated Pot Lucks during business hours...
The DVA held employees personally liable for illegal acts or even unfair tactics used against Veterans.
Simple equation, and the way that the DVA does business as usual, would change drastically!
Please take the time to review my blog, click on this link: http://usgovissues.blogspot.com/ and kindly take the time to pass it around.
Thanks to All.
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Welllllll,,,,to say the least I am sorry......if you missed my point,,,I am very sorry. Again,,,,Just My HUMBLE opinion. LarryJ ,,,You know someone else aside from Astaire that can dance like that with two good legs? smile,,,,,,,,all of this is heavy enough already......smile and the world smiles with you.
You're right, of course. I apologize. I've just been a little "testy" lately. Spent EVERY day last week at the VAMC and, trust me, that'll do it to ya.
Gotta go back tomorrow, on my regular Tuesday/Thursday deal. Got a hearing test in the morning, though, which is something different, haven't had one in YEARS!
:D , there, see, ya got me to smile!
No Sweat MC.......all is well.....nice smile...
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Welllllll,,,,to say the least I am sorry......if you missed my point,,,I am very sorry. Again,,,,Just My HUMBLE opinion. LarryJ ,,,You know someone else aside from Astaire that can dance like that with two good legs? smile,,,,,,,,all of this is heavy enough already......smile and the world smiles with you.
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Then, of course, the possibility arises.................you just could BE
a person with serious problems on the other side
yes?
MOF, it could possibly be the main reason that that veteran is 100%?
Surely not. Why, just think, you could use that cane like Fred Astaire and toss it from one hand to the other while tap dancing around the stage in your top hat and tails.
Oh, WhatEver...................
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Then, of course, the possibility arises.................you just could BE
a person with serious problems on the other side
yes?
MOF, it could possibly be the main reason that that veteran is 100%?
Surely not. Why, just think, you could use that cane like Fred Astaire and toss it from one hand to the other while tap dancing around the stage in your top hat and tails.
Oh, WhatEver...................
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Use it a lot and get a callus on the hand tyou are supposed to use it on. If they ask, show them the callus and you will be fine.
I learned this one from Yoggie2 who uses a cane to ambulate.
J
Only problem is,,,,,if you use it only on one side,,,you will look like the hulk on one side and a person with serious problems on the other side...... IMHO you should alternate...that's what I do. Again, just MHO.
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I have to agree you have had the C&P I would just let things go I seriously doubt they will reduce a 50% rating regardless of how many medical conditions you have and at what percentages I have to agree with Pete and say let it ride you may be surprised by the actions of the rater and how they interpret what the PA wrote the rater looks at treatment records and also the C&P not just the C&P my PA who did my cardio exams couldn't even look me in the face when she realized I was one of her neighbors when we went to vote and BVA Judge granted my claim she plainly stated was NOT SC PAs are not the end all they think they are some doctor had to sign off on the PAs report to make it legal
Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. I've been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)
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Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. I've been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)
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I have to agree you have had the C&P I would just let things go I seriously doubt they will reduce a 50% rating regardless of how many medical conditions you have and at what percentages I have to agree with Pete and say let it ride you may be surprised by the actions of the rater and how they interpret what the PA wrote the rater looks at treatment records and also the C&P not just the C&P my PA who did my cardio exams couldn't even look me in the face when she realized I was one of her neighbors when we went to vote and BVA Judge granted my claim she plainly stated was NOT SC PAs are not the end all they think they are some doctor had to sign off on the PAs report to make it legal
Roger that...600,000 in backlog and two weeks off because of the weather...Be ready to just wait a bit longer. Or,,,like you say,,,you can always go insane. Been waiting since 07. Sounds like you might have asked the man upstairs for some patience....(smile)
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Unfortunately, the Veteran died during the pendency of the appeal. As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the Veteran and must be dismissed for lack of jurisdiction. See 38 U.S.C.A. � 7104(a) (West 2002); 38 C.F.R. � 20.1302 (2008). In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the Veteran. 38 C.F.R. � 20.1106 (2008).
Battle
in VA Disability Claims Research
Posted
Thanks B,,,now I know.....I didn't know where.