[Untainted Vba Employees: Let Us Hope They Remain This Way]

I have been with the VBA maybe 1-2-3-4 years and am still learning / discovering new things. However, there is this push to get raters out of formalized training too soon in order to make VBA appear to be diligently working on disability and compensation claims. Some of them are going to make awful and “costly” mistakes and, in some cases, unforgivable mistakes. They will miss an item or two, which for some veterans can mean receiving proper health care or not, paying rent or living in a shelter, purchasing food or obtaining it in other ways, etc. In other instances, the raters will want to grant an issue, however those damn time constraints may prevent them.

I see this new generation made up of young and old, energetic people coming into the ranks of VBA with fresh ideas, open minds, and an understanding of justice as fairness. However, the organization does not embrace these employees, mentor them, or offer much guidance. They ask many questions, yet receive few honest and legitimate answers. Soon they will grow tired of trying to do the right thing, delaying a claim until it is fully developed, and examining every single medical record in that four volume GWOT claim and actually calling the veteran whether than defer his or her claim by instructing a VSR to DTA a specific issue—further delaying the claims process. There numbers are small, and there influence minuscule. To most, they go unnoticed, or when perceived are brushed away. “They having put in enough time.” Why are you asking me ‘all’ these questions”? “Sorry, I don’t have time right now.” “If the vet does not mention it, do not go looking for it.” “Yes, he is an in-country Vietnam vet, however he only claimed PTSD, he did not tell us he had been diagnosed with diabetes, and so pretend you did not come across it in his VA medical records.”

There are people within VBA that have been rating claims for 30 years. They can review a new claim, a reopened claim, or a claim for increase and discover the smallest things that were missed in a DTA letter, prior decision, or SMR’s. “She was diagnosed with diabetes before …, so we can actually grant s/c one year retroactively from the date of claim.” Some of these geniuses can quote the rating guide forward and backward and recite VBA fast letters word for word. It is unfortunately that these people are not made available to the new employees coming into the agency.

There are people out there that show up to grant, grant, grant—and in some instances stay beyond their eight hours. And, as you all know, there are those employees who show up to collect their check and exit, and maybe reluctantly rate a few cases, while ignoring any evidence that may hold up the claim.

“We cannot always prepare the VBA for our new employees, but we can prepare our new workers for the VBA.”

Someone, long ago, said something similar to this.

George

[Ptsd Imo Letter]

ok,

hope this is the right way to do this.

for the more knowledgable of you on here, please give your opinion of this letter:

To whom it may concern,

This letter is written at the request of Mr..... who has been under treatment at this clinic since.....

Mr..... is being treated for PTSD and panic disorder with agoraphobia. This has been related to his services and combat experiences. He is currently being prescribed medication as well as pyschotherapy to help with these anxiety and mood issues.

At this point in the treatment, Mr... medications are being adjusted as this severe anxiety is limiting and interferes with his daily functioning.

call em at this number.....

The Dr is a licensed Pyschiatrist and has all those letters besides his name LOL

well,

is this a good or bad letter?

thanks

This letter means nothing to me. If you do not have a confirmed stressor, you will not be service connected. In most cases, the physician is repeating what the patient has said. Has the examiner reviewed your SMR's? What medals do you have? If no medals, does your SMRS show you were exposed to a traumatic event while in the service? What is severe anxiety and in what way does the mental illness limit you socially and occupationally? Are you employed, if so, do you get along with your co=workers? Do you have any friends that you spend time with? Are there any s/i or h/i delusions or hallucinations? How many panic attacks per week / month? The physician can give as many opinions as he or she wants, but we are going to examine the entire c-folder to determine if there was a stressor. It is always best to have a physician examine all the evidence and then write a letter.

George

[How Long Does A Claim Stay At Raitting Board]

Is it the same with the BVA raters?

I don't know, sorry.

[How Long Does A Claim Stay At Raitting Board]

Hey all I got a question I filled for Unemployability in septemeber had my two CMP exams in October of this year. I was urprised at the speed it sounded great. My question is any of you got an idea on how long it takes for my case to decided on? I am 80% total with the break down 60% 30% 10% 10% 20% and 3 with 0% but hey who is counting LOL? Any ideas I am thinking it is just around the corner but my last employer notified me the letter the VA would send out was the same letter like 3 times. My last employer just kept filling it out and sending it back. I am thinking that is what is holding it up but it has been at the board for over 2 months. Just curious as always thanks. I hate to call so I use you guys as a sounding board. Have a good day........

When the c-folder is in RTR status, it can either be with the VSR, on the RVSR digit table, or at the RVSR's station. If the c-file is at the rater's station, it depends on other claims in which he must complete. Generally, the agency does not want the claim at the station longer than 30 days; however, it can always be handed to another rater to rate and the 30 days begin anew. Sometimes a manager may stop the rater and assigned the individual to another crisis assignment: EP 190, EP 600, or GWOT claims. Additionally, it depends on how the rater perceives the case. If it is relatively easy, more likely it will be done fairly soon. Thus, assuming the rater has performed a final RD, the c-folder goes to Post for promulgation. Once there, it can be entered immediately or lay around for one or two months.

George

[0% Rating]

What justification do I use to ask award for a "K" rating as I just got awarded the 0 rating?

ED is noncompensable--0% unless the penis is deformed. In any event, you are service connected for ED and SMC K is an automatic. I do not know how a rater could have missed that, unless he/she is not apt at entering SMC codes in RBA 2000 and some are not.

[Va Ousts Managers For Claims Deception]

VA Ousts Managers for Claims Deception

A friend sent me an e-mail concerning the above article and my reply follows:

No, I had not seen that report, but I was aware of the situation in New York. Management apprised its workers of the New York problem several weeks ago and have indicated that they do not want it to happen at this office. They gave amnesty to employees that had mail at their stations too long. Regional Offices (RO's) receive a tremendous amount of mail and it is supposed to be processed within 7 days. However, rarely are RO's ethically able to meet that standard. RO's are understaffed and employees are under great pressure to earn their assigned credits / points. It is not difficult for me to imagine that when mail begins to pile up that some of it is "lost," "misplaced," or destroyed. No employee wants to be placed on a performance improvement plan--PIP, because if he/she continues to under performed that individual can be fired, reassigned, demoted, etc. The New York RO is probably similar to many RO's around the country; that is, you have managers setting arbitrary performance standards and goals without relevant stakeholders' input. I am always amazed when I attend a meeting and management wants something done, without first consulting pertinent actors to determine if such a thing is possible. It does not surprise me that there were managers instructing employees to mislabel documents. There are various methods that the VA employs to suggest that it is meeting certain bench marks. For example, if a particular RO had 10, 000 claims pending and it wanted to present an image that it was doing its best to reduce the caseload, it could work on the available EP 190 (widows seeking compensation) and postpone EP 110 (veterans' initial claim). EP 190 can be done relatively fast, while some EP 110 may take hours or days to complete.

There is a huge problem when an employee cannot go to his/her coach (manager) and explain that a certain claim required extra effort and his/her assigned quota should be waived for that day. My coach has indicated on numerous occasions that he/she does not want to hear it. The VA, or at least my RO, treats claims as if they are all similar--when in fact, they are not. Some veterans have military medical records that occupy 3-4 volumes and require a significant amount of time to review. However, with the time constraints in place, maybe one of those volumes wil be properly reviewed and the others--well, ignored or glanced over.

The New York situation is so upsetting because, to a certain degree, it confirms what some veterans have maintained for quite some time: namely, that they have submitted claims and the VA incidentally or purposely lost it. The date of receipt is so important because it establishes the effective date of an award if compensation is granted. For instance, one RO receives a claim February 2008; however, it does not date stamp it until May 2008. In that typical VA scenario the veteran will lose a considerable amount of compensation. I know of a veteran that submitted his/her claim in three different ways: USPS mail, hand carried, and faxed. He/she did not perform all three actions in a single day, but several weeks apart. As far as I know, only one method worked, which mean, in this true example, there was a 33% probability that his/her claim would be received.

I spoke with some workers and almost everyone may be inclined to ignore evidence--mail. If a rater has just completed a decision and someone in Triage brings him/her mail while the decision letter is done, that evidence may reverse his/her entire decision or worse the person may have to defer the claim in order to request a medical opinion. Raters at my office receive no credit for deferrals. Thus, that mail may be placed in the rear of the c-folder, which I have come across.

Additionally, some of the responsibility must also be placed with the citizenry. Yes, we "support" our troops with bumper stickers, yellow ribbons, and enjoy our annual day off from work. However, I am not sure many of them will support the troops by agreeing to a slightly higher tax increase or even allow veterans to be relieved, to some degree-- of taxes, healthcare and education expenses. The VA is under funded and understaffed and many of us know this already.

There are numerous problems with the VA: 1) not diagnosing PTSD; 2) shredding mail; 3) ignoring issues claimed by a veteran; 4) inadequate healthcare for veterans. I have read many reports where a veteran should have received compensation for a military related disability; however, the physician thought otherwise.

What's striking is the lack of interest and concern our government, VSO's, and even some veterans have shown concerning veteran issues.

At the very minimum, the Director of New York RO should have been demoted.

In any event, the VA reacts extremely slow. Agent Orange took 20 years to recognize (but saved billions of dollars) and I am quit sure there are other disabilities related to exposure. Gulf War Syndrome took 15 years to acknowledge. Haas (blue water veterans, mainly sailors) have already been told that they were not exposed to Agent Orange as their ship were not in-country in Vietnam. I wonder how some of those barrels of herbicides made it to VN: Cargo planes, yes; ships, more likely than not.

George Patton

[Independent Medical Examiners]

And, ya never know with a doctor about what his "attitude" is concerning "medical opinions".

I had one, an orthopaedic surgeon, that got really twisted, when I told him that I needed his "medical opinion" for the VA. Said something about people always wanting to get something for nothing, and refused to even look at the x-rays that I had brought with me and I wound up just getting up and walking out of his office.

Funny thing about it was, he is one of the orthopaedic surgeons that my wife recovers his patients after surgery, she sees him every day, she is the one that recommended me to get him to give me the opinion in the first place. She had always gone out of her way to make sure that his patients were never delayed, between the OR and Recovery and Recovery to their hospital rooms....always went out of her way to take really good care of this doctor.....she had a really high opinion of him.

He couldn't understand why she started treating him and his patients with NO extra special care.

So, he asked her why.

She just said "Well, it's just like you told my husband when he came to see you, people are always wanting something for nothing.........".

I wouldn't start a list of "preferred" doctors. Heck, my wife has been working with them for 30 years and you see what happened with her and her opinion.

You're just ON YOU OWN as far as I'm concerned.

I have been seeing a new physchiatrist for about several months. On my first visit I explained that I would need a letter from him to submit to the VA in support of my claim. He seemed very reluctant; I later learned that he also rotates at the VA medical center. Well, very recently, I asked him if he reviewed my medical records and if he was willing to provide a medical opinion on my behalf. In three to four months he has not reviewed them and informed me that he does not know if that is his proper role, so he will need to check with his boss for an answer. He asked what exactly I wanted him to do. I responded, review my private medical records and service treatment records and provide a medical opinion as to whether or not my disability is related to service. Moreover, I said he did not have to say it is certain--that he could state, it is my medical opinion, after reviewing private records and military records, that his mental disability is at least as likely as not related to servioce. Nevertheless, the physician seemed uncomfortable. Thus, I will obtain an IMO and seek another psychiatrist. I was not trying to lead / guide him in anyway. I told him to examine the evidence and offer a medical opinion based on them. For whatever reason he does not appear willing to do it, although I do have some ideas.

[Claim For Depression]

Are symptoms of depression, PTSD, and mood disorders treated as three different claimable conditions and reconized by the VA??

If you have been diagnosed with PTSD, depression, and anxiety--you will only be compensated for one mental disability. The most dominant disability will be be evaluated. For instance, in the above scenario, if PTSD is the major illness--the diagnosis will be PTSD to include depression and anxiety, or PTSD with symptoms of depression and anxiety.

[Helping A Friend.]

I heard the Director and other administrative' individuals at NYC VARO are on 'leave' due to shreddergate-maybe they are getting their act togeher-

Also a NY RO employee told vet reps here in NY 2 weeks ago that there were 20,000 pieces of unread mail in the NY RO mail room,apparently not realizing the press was there at this meeting - so maybe the VA is reading it all now.

I was lead to believe that the director, assistant director, service center manager, and assistant service center manager were let go because of the mail problem. However, I have seen directors that performed poorly praised and promoted to another office. The VA is truly a unique place to say the least.

[Secondary Condition Service Connection]

I suffer from depression and my condition is excasberated by my tinnitus at least stated by one of my doctors.

Does anyone who has filed a claim in this manner have any data on this.

Especially if they have tinnitus. Also can tinnitus cause or increase your depression and is this claim possible.

If you have submitted sufficient medical evidence showing that your depression is aggravated by tinnitus, I suspect that you could receive compensation for it. However, I am reluctant to say that the VA would award an evaluation greater than 10 percent, although a 30 percent evaluation may be possible.

[Rating Board]

I am Disabled Vet currently rated at 70%. I reopened my claim in 12/07 for service connected Bipolar Disorder and IU due to new evidence from my VA Shrink. I was informed that my claim was sent to the Rating Board on 9/19/08. This week I was told the Rating Board sent my claim back to the reviewer for additional clarification. Has anyone experienced before? Thanx.

Claims are returned for a variety of reasons: failure to properly DTA an issue, ambigous medical opinion, missing documents, etc. I am not sure if you are able to receive complete and accurate information concerning the status of your claim from the 800 number. It really depends on what system the VA emloyee is viewing and whether the notes found there are clear.

[Hearing Loss]

Hello All, I Have been going through my active duty med records and found that when I had my induction physical for the navy my hearing was fine. fast forward 3 years and had a hearing test when I was changing commands they noted hearing loss on the report for medical examination plus I have copies of both audiometer readouts. I was a pit snipe down 3 main on the JFK CV 67. As of present my hearing is not to good do you think I can make a claim for service connection for hearing loss.

A pit sniper in 3 main. I was a MM in 2 main machinery room when I was in the service. I served aboard another air craft carrier. Last to leave and first to return. Sometimes, 6 and 6 whle underway. Anyway, anyone familiar with machinery rooms know that the noise one is continously exposed to can cause serious damage. With what you have described, I would think you have an at least as likely than not chance of receiving sc.

[Sick & Tired Of Va Second Guessing Imo's]

If there is sufficient evidence of record, medical records that show treatment / diagnosis during service, and qualified IMO provides a nexus that the current disability is related to service, then a VA exam may not be warranted. However, the C&P is strictly structured to comform with the rating schedule. If the person providing the opinion is qualified and provides enough information--the claim can be evaluated without a VA exam. However, this is rare. Therefore, even when a case can be completed based on an IMO, raters are so accustomed to requesting exams that they may not know it.

[Question About Medical Records]

The VA will have no problem with you marking out any information that you wish to keep private. That is totally your choice. However, I would reframe from sending treatment records that are not pertinent to your claim. For the most part, the VA only need to see a confirmed diagnosis with an official letter head, a date, and the signature of the clinician. I see veterans submitting numerous records--all of which are not relevant to their claim. Rarely, are private treatment records thorough to allow the VA to make a decision based on them.

[Ugly Denial Letter]

So, skunk is saying the VA sent him a denial letter.........blaming "stuff" on his parents and his alcohol consumption/self-medication?

I guess I'm kinda simple minded and have trouble with the "blaming stuff on my parents" statement. I know darn good and well that the VA didn't send a letter out blaming skunk's problems on his parents.

And, if alcohol IS a form of self-medication for skunk, then it should be a part of his C&P for a mental health claim. Just as if he wore a brace for an ankle claim.

And, if alcohol IS a part of skunk's illness, then the VA should get ready to start treating him for his illness, and, if he hasn't made this a part of his claim process, then he should!

BTW, 80% of my 100% is for mental health, and, yes, I agree, they do seem overly interested in turning all that you say "inside-out". I should know.......I've been down that road.

But, most of what they DO say........well, it's true, or it was for me.

I'm a grown man, but by the time I got through with the last C&P, I was a bawling, blubbering idgit.

I am also a grown man and I also cried during my mental examination. I really did not wamt to talk about certain issues, but the physician persisted. Anyway, before I walked into his office--I could tell that he had made up his mind about me. Certain questions that are mandatory during a mental exam were never asked during the session. I soon discovered that this physician is a chronic denial. I am in the process of gathering adequate information to be reconsidered for my mental disability.

[Questions Re: Ms & Viet Nam/ Need Opinions Please]

I have MS and I was stationed in Germany in 1976-1977. As I am reading about MS and vets, it seems that Agent Orange was the factor if a vet was stationed in VietNam. Those appear to be the vets that are successful in receiving compensation.

I don't think I came in contact with Agent Orange because I was in Germany.

I received the immunizations of who knows what. I was also gassed a few times in training

Do I even bother to apply?

How would I answer the question of "how is my disability related to my service in the military"?

Are there any other factors that I am unaware of?

I've just begun looking into all of this.

A veteran files a claim seeking compensation for a disability, arguing it is due to mustard gas exposure while stationed overseas. The veteran provides the dates that he/she was overseas. Review of military records confirms he/she was overseas during the dates provided in the claim. However, there is not a single mention in any of the records that the veteran was exposed to mustard gas. Thus, the claim was denied.

Concerning MS some raters are convinced that if it is not diagnosed within the presumptive period then the claim cannot be granted. However, I think if symptoms are shown in service or within the seven year window, the disability can be granted if a medical examiner provides a medical opinion linking the earlier symptoms and the current diagnosis and provides a strong rational for the opinion.

Thanks-

[Prostate Cancer]

I have been receiving 100 % temporary compensation since last July. My father past away this July and I sought the V.A."s help by seeing a psychiatrist. I have not slept well since May when He went into the hospital. I like the psychiatrist because she actually listens to me. I have only seen her for one hour but I am taking 100mg of Zoloft. My father's death put me in a PTSD when I him dead in his bed. He was getting better and we were getting ready to being him home. He had a blot clot in his left arm and they were not suppose to take blood from that arm but I believe they did. They called me at 6:30 in the morning saying we took blood at 6 and we came back in and he was dead. This has been driving me crazy and I feel I am losing control over my mind. The psychiatrist said I will probably dropped down to 20 % soon since my psa in indeterminable. But that is only because I am on hormonal therapy and it has taken a year to get the psa. There is no cure for my agressive cancer , why would they want to reduce it so low since I need to use the V.A. for my health care but afraid at 20% I would not get much.

Cuchi

I am sorry to learn of your father's passing. When my dad past away while I was in the military, it really had a significant impact on me and that will always be the case. It is good that you have a physician that is understanding and attempts to alleviate your stress and pain. As you indicated, if your cancer will continue for the forseeable future then the VA should not reduce your total evaluation. However, that must be indicated in your medical records by a medical examiner able to make such determinations. I am not sure if you are taking radiation, chemo, or other antineoplastic medication; If you are the VA should not propose to reduce your total evaluation. Now, if you visit the VAMC for a RFE and the physician note that the cancer is in remission, your total evaluation will be reduced and any residuals you have will be evaluated.

I have seen a person's cancer, at the time of the GU exam, in remission. However, during the due process period (proposal to reduce), the evaluator discovered that he had started treatment for cancer of the prostate and he was not reduced.

[Ptsd C&p Question]

Hi, I have applied for PTSD and having no luck with finding records. Now they say no records exist. My son died and they say he does not exist but yet I have his death certificate that states military jurisdiction brought him here from Germany. So figure this one out. And my ex-husband is spending time at Ft. Leavenworth but he does not exist either they say. But yet I have all the parole papers sent to me from Ft. Leavenworth. Now, I know paperwork can get lost, but come on. Do you know of anyone having the same problems.

:(

If you have appled for PTSD and the VA is unable to locate your records, you will have a difficult time proving your claim--it also depends on the type of PTSD you are claiming. If you have private records that show a diagnosis or treatment of PTSD during service that will help. You will need buddy statements, military medical personnel, etc.--people who were aware of your condition in service.

[Nsc Adjustment Disorder With Depression & Anxiety?]

"If I am able to, now, four plus years later find that it was SC'able as secondary to a TBI claim due to cognitive dysfunction. Would I then have a claim for an EED on the award?"

If the VA SCs the residuals of TBI now-this would possibly be the valid basis to file a CUE on the older denial.

If the older denial was based directly on conditions that the VA subsequently awards SC on.

The VA has changed the way in which TBI is evaluated--something that should have been done long ago. I always thought the percentage was too low and deciphering the many residuals somewhat difficult. Well, now the new procedure, I believe, is more generous; however, I have never seen anything this complicated. The VA could have made the new evaluation criteria much simpler--instead it is very complex and evaluators will have a difficult time rating TBI. The text used to support to the TBI decision is too convoluted.

[Mental C&p Exam Results]

Hi Everyone,

I picked up my mental C&P exam results yesterday. I am currently 30% for adjustment disorder secondary to my back. This report looks like I should be 50% at least I am guessing. Anyone have any thoughts?

Yes, you should have received a 50 percent evaluation based upon what I read on the examination. Certain symptoms warrant an automatic percentage. However, the medical doctor mentioned that further formulation was not possible due to prescription "narcotics" tranquilizers, and alcohol. (Although in some cases abuse of alcohol and medications may not be seen as willful misconduct if the veteran is attempting to self-medicate.) The physician concluded by noting you suffer from "mild" to "moderate" impairment in vocational function and significant impairment in social function, and gave a GAF score of 50-55. Also, the doctor mentioned you have not seen your psychiatrist since 1/2007--a specialist in mental disorders. Currently, you are employed full-time and have no difficulties at this point. The doctor noted you brought records to the assessment that were not included in the c-file--I hope those records were seen by the evaluator. In most instances, reports from a spouse carries significant weight, as the patient is sometime unable/unwilling to discuss his/her problem and it is the spouse that fully observes the behavior.

With the medication you are taking (buspar, ativan) it seems that you have an anxiety disorder as diagnosed by the physician and the anxiety/panic attacks you experience. The rater should have reconciled the adjustment disorder by stating: adjustment disorder to now include anxiety disorder; or your diagnosis has changed from adjustment disorder to anxiety disorder to more accurately reflect the disability picture.

In any event, it is noted in VA regulations that two evaluators may come up with different percentages when reviewing evidence--this is especially true with mental examinations. Thus, if you were to request to be re-evaluated because you believe a higher evaluation is warranted, it is unlikely that the previous 30 percent evaluation will be increased. However, again, I saw a 50 percent evaluation.

[Handling Mail And Other Documentation]

my apoligies george , that is very helpful information. i just think i am better off without

the nod after thinking about it and file for increase am on outpatient, getting old have

a whole lot of more health problems besides sc disability. just trying to figure out what

to do reason i am on here a lot.

anyway thanx

I hope I did not come across as being rude, as that was not my intention. I would just hate to give you advice that somehow adversely affects your claim. However, I am here to answer general questions.

[Handling Mail And Other Documentation]

I will reframe from giving advice. However, I assume you know that an NOD, assuming a DRO does not rule in your favor, can take years if it leads to a formal appeal. It is importnat that you read your decision letter and try to understand why the VA thought you warranted a 30 percent evaluation. You say that you are not working, but is that due to just to your service connected disabilities or are non-service connected disabilities a factor as well. If you believe you were rated too low you can always ask to be reconsidered, but there must be new evidence. If indeed you were rated low, I am sure that in time your outpatient treatment records would show that you warrant a higher evaluation--submit those records and you will receive a higher evaluation.

If you do not have one already, you may want to consider being represented by a veterans service organization; they can be helpful, at times.

[Handling Mail And Other Documentation]

george , patton was and still my hero. i aws wondering if you could give me some advice

as to whether to file a nod on my 30% bi-polar , panic attacks , ptsd claim that was decided

at appeals management. i have been in numerous va and state hospitals am on ssi havent

worked in years. i just believe i was rated way too low . there is a lot more i cant go into

and i know you dont have probably enough info from me , but do you think i would be taking

a chance to nod this , man i am dumb as a plank.

[Handling Mail And Other Documentation]

It will take a great deal of time and effort to correct what is wrong with the VA. I mean the way the system is currently set up, evaluators (RVSRS) have little incentive to examine the entire claims folder--and believe me, in most instances, they should. They are concerned with making a certain number of credits per day in order to keep their managers happy.

A veteran submitted a claim several decades ago and it was denied because he/she has not been diagnosed with a disability. The person is merely claiming a symptom; however, that symptom was also present in the military medical records. In 2007, he/she submits another claim and this time notes a specific disability. However, he/she submits no medical evidence of a "current" disability. The person responsible for reviewing the claims folder before it is given to the RVSR notes that there is no evidence that the claimed disability actually exists. Thus, usually, the RVSR take the reviewer's word and denies the claim. However, in this instance, the RVSR actually examines the claims folder--that is, he/she reviews previous rating decisions and other correspondence. The RVSR discovers that the denial several decades ago (the veteran's claimed symptom) of the symptom may be related to the current disability being claimned--in fact, it is. Additionally, review of the veteran's electronic medical records (VA) show their is a current disability. Thus, a medical exam is warranted to determine if their is a link between the current diagnosed disabiity and the symptom claimed several decades ago, which is also listed in the military medical records. This RVSR has spent a great deal of time on this case. However, the case must be deferred for an examination, which mean the evaluator will receive no credits--they are only awarded for completed decisions.

The point here is 95% of the time that veteran would have had his/her claim denied: the person responsible for reviewing the claims folder noted there were no evidence of a "current" disability. In most cases, the evaluator see that note from the reviewer and proceeds from there; however, in this case, the evaluator actually examined the entire claims folder and discovered that the current disability being claimed may be related to symptom claimed long ago. You would think that the evaluator would get a pat on the back for doing a good job--not exactly. He/she did not earrn any credit for that case. Nevertheless, the manager can decide to wave the credit if he/she thinks it is warranted. In this case, the manager did not.

You would think that the ultimate goal is to assist the veteran--give him/her the compensation earned. In the VA, it is complete rating decisions as soon as possible. There is no incentive for an evaluator to thoroughly examine the claims folder; there is not a enough time. In any event, the person risks getting behind in production.

Sadly, this is true

[Handling Mail And Other Documentation]

With certain exceptions, the VBA is not authorized to throw away any mail or documents submitted by a veteran or on his/her behalf. Every piece of mail should be received in the mailroom and inputed into VBA's tracking system. However, some mailrooms are so understaffed that materials get lost or misfiled, and when they are located, say, about four weeks later--in most cases, they are correctly placed in the claims folder. Nevertheless, for whatever reason, some people do place mail in the shredder bins. Just an observation, but it may be done because a claim has been evaluated (completed) and ready to be promulgated, and the additional evidence may make it necessary to re-evaluate the case--thus, not getting the high number of pending claims down. In other instances, they may be afraid of a supervisor discovering that mail was misfiled and get into trouble. In any event, it is my opinion that mail should be handled carefullyand appropriately. Duplicate materials are supposed to be sent back to the veteran.

According to VBA, you may throw away envelopes, claims folder tracking forms, and returned VA forms/documents, and PIES request forms--this is used to request military records and verify periods of service. I would caution that envelopes and returned VA forms/documents have value. For instance, a veteran may resubmit an official VA form because the person wants to point out to the powers that be that the RO made a mistake--perhaps it failed to include an IU questionnaire went it sent the VCAA. An envelope may be important because it verifies that the information came from a physican, for example. In a personal case I know of, a veteran saw a physican several years ago. He completed a questionnaire and other documents while waiting to be seen. Several years later, he requests those medical records from that physician and receives them via mail. However, he only saw this medical doctor once and the medical records consists of that questionnaire he completed and a list of symptoms listed by the physican. Thus, no where on those records is there a name of the physician or medical facility. However, that information is on the envelope in which the medical records arrived, which gives weight that they are accurate.

All RO's are forbidden from shredding any documents until further notice is received from central office. The shredding bins have been taken away for now. Each employee must now place disposal material at a basket at his/her station and each night his/her coach must search it and identify documents that should not be there. Also, RO's are receiving additional training on personal identifiable information (PII). That is, materials that can identify a veteran (name, ssn, address, etc) must be be properly disposed.

I am a veteran and have met non-veterans that believe some veterans are simply gaming the system. On the other hand, I have also come across other veterans responsible for evaluating disabilities that are biased toward the claimant. It really depends upon the nature of the employee. One non-veteran says, "when warranted, my job is to grant, grant, grant--regardless of the amount of revenue it costs uncle Sam.