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brokensoldier244th
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Posts posted by brokensoldier244th
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2 minutes ago, pwrslm said:
big difference from inside looking out
from the outside looking in
VSO's are 3rd party entities that screw up a lot as well
the claims btwx claimant and VA should not need 3rd party help in a non-adversarial system
think like a vet that experienced errors in every claim they made
then you will figure out why i said what i said and how it makes sense
I’m aware, I was a vet for 18 yrs before I started working here. Your interpretation of non adversarial and the governments is different.
Not all claim screw ups are VSOs fault.
Sometimes vets demand a claim be submitted hell or high water, and some Vso’s do it despite the claim having little evidence or whether it even meets the basic standards.
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The reason parts of our system are not up to date is because we are connecting to other systems, including DOD, that are running programs created back when screens on computers had green screens.
My connection to VHA has ascii graphical elements like text boxes, etc, and once I kick off a processes like searching for or downloading vha records I can’t interrupt it, cancel it, pause it- I have to let it run to completion or failure. The connection to NPRC is even worse.
We have not been told that it was authorized to do so, and many of the 800# people are contracted through call centers, they are not all VA employees. They don’t have the same training or the same authorization to even see decision letters or your full CFile, so hire they are emailing them out faxing them is a cause for concern.
I don’t know who authorized the emailing and faxing of decisions to people, but I’ll follow up on that today. GPO internal mail isn't the only mail that is slow of having delays right now. USPS has its own problems.
VSOs can only email or fax you unofficial decisions- they are still subject to change until they are sent from VA/GPO.
ill check with our CISO today and see what he says.
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There already is legal advocacy- the VSO's. There is also no shortage of other organizations, legal and otherwise, that will assist in filing claims (Im thinking groups like NVSLP, for example- they aren't VSO's but they aren't employed by VA, either).
VA has lawyers on staff in many RO's and VAMC's. https://www.va.gov/ogc/docs/LegalServices.pdf
Web MD studies do not mean a whole lot in the way of evidence unless you were part of the individual study parameters. Its not "sad" its the reality of how a good scientific study is conducted, and what the results mean afterwards. The parameters specifically address only the study group and the control group. The findings "may" apply to 'you', a veteran, but your doctor has to cite the study and how it applies to you. You can't just print off a ream of Web MD and say "this involves me......".
It has nothing to do with holding them in a low opinion, it has to do with the reality of what a scientific study means, how its conducted, and what it's results apply to- and if you weren't in the study, that isn't you. I'm sorry that you disagree, but that is the evidentiary standard for any scientific study. I've done them, and I've had to deal with human studies boards to get approval to do them when I did my Masters in Education. That's just the way it is.
Lawyers know this, too, but they still throw it all in there hoping it slips by, which is predatory, in my opinion. Lawyers aren't providers either, and also cannot render a diagnosis- especially based on a medical study conducted on a group that you weren't a part of. They certainly aren't in a position to decide that a study applies to you- they are no better than lay people in that regard, and the evidentiary value of any lawyer interpreting a scientific study is the same as you filing a buddy letter. If this was not the case there would be no need for expert witnesses in any trial needing the interpretation of evidence.
Unless a study is cited by one of your providers rater's can't use it for much in the way of evidentiary value because raters are not medical professionals and its not their job to diagnose you based on medical studies, symptoms, or anything else. They apply the medical findings from YOUR doctor against the standards set by Congress in the various CFRs for the severity of a disability. That's it. They have a lot of training in deciphering the jargon in the notes and studies and how it applies to your clinical findings but they legally can't render medical decisions.
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You suspect the VA of padding for litigation budget, but you want the lawyers employed by the VA?
/=
Anyway, I see as many appeals go through with lawyers that are approved as much as they are denied. Just because someone has a weak claim won't stop them from filing on their behalf- they pad it with 10 pages of completely BS legalese, and Web MD studies that don't pertain to 'you', and all sorts of other stuff, with veiled threatening language, in the hopes that something sticks.
#3 makes no sense, anyway- its not like that money stays in the budget to be reallocated somewhere else within the VA- maybe they wouldn't have to spend so much litigating it, but then again, it wouldn't free up money for anything else. It would be absorbed back into the CBO and VA would have a net loss of budgeted funds, meaning they would have to request MORE the next round to get back to where they were to make up the shortfall in order to use the money for something else within VA.
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Its been a 30 day suspense for most things since at least 2009. Its not a required 30 days, if the veteran responds prior to that, then great- the suspense date is closed and it moves on to the next thing that the claim is waiting for. The suspense date is also not 30 days for all things, but, then again, WE didn't set it. 38 CFR § 21.32
As for the rest- I can't speak for it, it predates my working there. I remember sending things to the RO rather than Janesville, but I imagine, based on my actually seeing the inside of a working RO that it was in part due to space required in the buildings that they have and the costs associated with maintaining it.
The building that my RO had prior to moving to their 'new' one (10 yrs+ now) was twice the size, with inadequate parking and adjacent to a planned parenthood clinic that was always being protested by busybodies. The extra space was for mail processing and scanning. Not optimal, and not cost effective. VA is on a fixed budget other than comp payments, and we have to ask Congress for funding every year, as opposed to the DOD and some other offices. When we ask for more rather than less, some Senator (likely not a veteran, either) sticks their nose in and tries to tell us how VA should be run like a business, and trying to micro manage everything from pay to pencils.
Personally, at this point of the year I'm a little pissed because I literally rated almost 100% in all categories for my yearly review- output, consistency, accuracy, etc., yet because of the current budget squabble dragging out I won't know until sometime next year when I will receive a bonus that I would usually receive, or how much, or even IF. Space reductions were in response to congressional meddling, and constant pressure to rate and process MORE claims, with LESS staff and resources available (this goes for VHA as well). And all of this with a 2 front war going on for 20 yrs, meaning MORE veterans coming back all screwed up.
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Always remember to put in, either paper or electronically, that you want that dependent removed. If you don't and you get dependent pay while they are receiving DEA YOU will will have to pay back the dependent portion for however many months they over lapped. At 280-ish or whatever it is now a month, that adds up fast. You can opt for a payment plan to have it come off you comp every month, but better to either set it aside, or have them removed. When I have changed a childs status (my own) it usually takes a few weeks to a month. If I wait and let VA do it (did this once a few years ago before I knew better) it was several months before it was noticed, flagged, and the dependent removed.
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Nobody needs a lawyer for an initial claim. You literally fill out a form and submit the evidence afterwards- just don’t pick fully developed if it’s not because that assumes that you’ve submitted all you are going to.
Nothing if stopping you from paying a lawyer to look at it but va isn’t going to likely approve Fee agreements for initial claims because it would result in many veterans getting very little by the time the fees are done, and most lawyers won’t accept them anyway because they don’t work in charity. This was made the rule after talking to lawyers, va didn’t draft it out of their butt.
There is a process to getting vetted for vbms as a poa, and it’s not short. I don’t know if self claimants can but if they can’t that’s congresses fault- they approve or deny (laws) the privacy and security rules for access to government systems.
I’ve worked there almost two years. I can count on one hand the number of times I’ve communicated and/ or gotten a response from a vso.
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Depends. National VA hasn’t authorized the use of email for anything that pertains to veterans due to the lack of a standardized encryption that we could use that would also be user friendly to veterans. It’s in the works but nothing has been approved.
800- people don’t work at or for a specific regional office so I’d love to know where they got their information. Yes the mass print/mail portal is having problems- what, I don’t know, they didn’t specify and I asked. I used to be an IT guy, too, mainly for hospitals. We are instructed to add 30 days right now to any suspended date where we are waiting on information from a veteran, and to not adjudicate Time based actions negatively (missed deadlines) until we hear otherwise. Nothing about emailing anything, or faxing, either.
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You wouldn't be using DEA-They have to apply for that themselves and the money goes to their account not yours.
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Yes you should get the higher amount once her schooling is certified
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8940s are always processed as increases first- thats the only way to mark them in the system when they come in or they don't process as a new claim and they sit in limbo. Once they are classified, then they are considered for increases first before the IU decision comes into play.
VIII.iv.3.B.1.e. Veteran’s Responsibility to Specify a Disability or Disabilities That Cause Unemployability
II.iii.1.A.1.a. Requirements for a Complete Claim Received on or After March 24, 2015(referred to above)
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13 minutes ago, broncovet said:
There are actually at least "2" ways to get to TDIU. The first is the one broken soldier mentioned, sometimes called "schedular" tdiu. Also known as 38 CFR 4.16 a, which is the most common.
Sometimes overlooked, however, by Veterans, Vet advocates, and VA employees, is extraschedular IU, aka 38 CFR 4.16 b, which reads:
Interestingly, several years ago, I brought this up to a former rating specialist, who is a moderator at another Veterans website. He indicated, "there was pretty much no chance of getting tdiu under 4.16b".
I did not listen to him, and was awarded 4.16b (extra schedular tdiu) in 2017, after a 15 year battle with VA. Im so glad I did not listen to the "expert" who put me down, as I could not possibly know as much as a (former) DRO, who knew all the ins and outs.
Well, no I did not know all the ins and outs, but I did know how to read, and 4.16 b clearly says "ALL" Veterans, and not those who managed to finagle the VARO into 4.16b consideration.
Of course, the VARO said, "ok, go ahead and submit a 4.16b, and see where it gets you". The short answer was "denied", but the BOARD was required to interpret 4.16b
"AS WRITTEN ABOVE", and not the classic VARO rater who basically said, if you dont meet the percentage requirements, you are out of luck. Period.
I did not quote 4.16b because it has no bearing on my job or what I do- its a rating decision, or has to be brought up by a veteran. My lane deals with getting the veteran's claim in shape so that it is in the best possible light for the rater, but I don't make any suggestions or decisions regarding it's outcome.
I do bring items of note up for the examiner or the rater that I find, things like if you have had 8 WFH jobs in the last 4 yrs because thats what your PTSD allows you to do on good days but still have challenges with them do to (usually) medical appts timing, bad days, whatever, and I highlight the returned 4192's (when I get them back, which is rarely) sections where employers can comment (again, rarely), and I try to find things in the MH therapy notes under the Work History and Social history that might help contribute to a positive outcome. Its the best I can do, after that its out of my hands.
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You claimed them when you filed your 8940 In Sec 1. Generally, though, the rules are:
The Individual Unemployability requirements are (1) you must be a veteran to get IU Benefits and (2) you must have one 60% service-connected disability or two or more service-connected disabilities with one rated at 40% and a combined VA disability rating of 70% to qualify for IU Benefits.
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Depends on the rating and if it moves your overall percentage.
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Best of the morning to you! Hey, its Saturday- we made it.
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yeah, my resmed s9 lasted 10 yrs. That was the one they used to use. Still have it, even though I have dreamstation. Phillips is the current contract and NO-ONE can get one not just VA. It’s an international recall.
Problem is selling or buying a used cpap is dicey at best, and at ten years old it’s not probably operating at full pressure anyway, or worse, you could buy a complete fraud of a machine. Then you have to set it up or find someone to do it for you. Still, it was only replaced because I asked not because it broke. So it sits here in a bag, unused. I can’t even donate it, thus far as I’ve seen, due to its age and usage hours.
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37 minutes ago, Hamslice said:
"Telling me to call the Taliban to get more information on your reported incident doesn't help you"
Now, that's funny right there, I don't care who you are,
Hamslice
Keep up the good work!
Hand to God, got it a few weeks ago in response to a letter I had sent them, since phone communication has been unsuccessful. It was scrawled out, almost unreadable in places. Bill Clinton was also involved with MK Ultra, and experiments were in the water.
The veteran was desert storm era. He has some other challenges going on as well. I managed to get hold of his VSO, though, and bring her up to speed a bit, so she could maybe steer towards somebody.
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Like I said, until we are cleared to use it by National and the infosec people figure out whatever they need to figure out so as to make it a secure method of contact (HIPAA, etc), the only people that can use it are in Outreach, and some of the MST coordinators- but not for medical stuff.
We have a whole group in our RO specifically for calling veterans about things, and we (individual VSRs/Raters) can also call directly if we need clarification of somethin. This is completely different than the phone bank people- don't know about the other RO's.
From personal experience over the last year and a half (wow) it would help if veterans would actually pick up the phone when I call them to ask and clarify something like "what arm are you claiming, left or right" or "what do you mean by 'body aches'- body aches isn't a diagnosable disability so I need some more info....", or "I can't read X,Y,Z on this - what years/place/whatever did you serve, or where did the event happen..." They don't, so I have to send them a letter instead, and then wait for them in many cases to ignore it and not respond.
Or the ones that do respond with sarcastic or profanity laden statements that are no help. Telling me to call the Taliban to get more information on your reported incident doesn't help you, or me, one bit- plus, it all ends up in your file.
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Experienced vet advocates have known (or should have) that Ebenefits has been getting shut down for over a year, now. They shouldn't have been trusting it anyway- if they are a legal POA they have access to VBMS anyway and there is no reason for them to use Ebenefits ever.
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They shouldn't have- it establishes a personal connection to the veteran, making that claim ineligible to be worked on by that VSR again, first off. 2nd, Email has not been cleared as an approved method of contact by InfoSec at any level. The reason the email address is listed on the 526ez is so we can put it into our system here, and it gets attached to the exam request as a method of contact so the vendors can contact you regarding exams. We- VSRs and Raters, are not supposed to use email as a method of contact.
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On 10/20/2021 at 5:55 PM, pacmanx1 said:
It happens more than you could think, and the VA does not post this information.
If it’s not posted anywhere then you’re just speculating. They don’t need to-it’s not anyone’s business but the person who filed the claim.
What do want us to do send an email every time we award someone a claim over X dollars to anybody else that’s waiting for adjudication? Put up a web page with “over 10,000,000…..paid” with a revolving number?
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Entered Active Duty (EOD)
Released from Active Duty (RAD)
Conditions rptd within a year of release of active duty generally don't need opinions for service connection. It doesn't mean that they are automatically SC, but it does mean that the determination of SC or not is made off the findings of the examiner on the DBQ, along with your service records, your Enlistment physical vs your Discharge physical, stuff like that.
After 1 yr (or, to really muddy it up if you filed an intent to file within 1 yr of RAD you get until 1 yr from THAT where a medical opinion isn't requested by VA) the doctor has to write an opinion with rationale based on your STRs, anything from VAMC, your ENL and DISCH physicals, private records that we have as evidence to submit with your exam request, and send that back to us along with the regular DBQ (disability benefits questionnaire).
***EDIT*** Private medical records have to be sent to us, or you have to give us release to request them (and some providers still ignore us, meaning if you want those records as evidence you have to get them anyway. VA also does not pay providers for records- some charge). If we don't know that you get treatment from somewhere, we don't know. A 21-4142/4142a release form is good for 1 yr from when you send it. After that, even if you are still getting treatment from a particular private provider we can't just request more records because we did so "that one time.....". We have to have a new release.
Also, 21-4142/4142a were updated recently and the new form date at the bottom says "JULY 2021 ". The forms immediately prior to a form update are good for 1 yr after its updated (the month/yr at the bottom), i.e. your VSO that just scans the same old sheet and emails it to you may or may not be the updated form. Same with whatever you download off the internet from "whereever". Not all those various private sites update their forms, or their information about conditions, contentions, legal stuff, VA regulations changes, etc.
Basically, kids, what I'm saying is that if you need a form for something- claims, appeals, support of claims, records release, whatever- get it off the VA website (or do a google for the form name or number and it will usually take you there, too) otherwise you and/or your POA run the risk of us sending a form back to you saying "its the wrong form version, the updated form is attached, please complete and return..." .
Example: https://www.veteransdisabilityinfo.com/files/va-form-21-4142.pdf
Still using the form from 2012.
Still using form from 2014.
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VA does not sent records to the NPRC. We request them from NPRC, or RMC, or, after 2014, they are sent to VA automatically in digital format. Anything that goes to NPRC comes from the Services.
Disability related to current disability
in VA Disability Claims Research
Posted
If you can get your doctor to agree, yes. Or your medical notes, somewhere need to say something to the effect that they are related. You can pull your VA notes off MyHealthVet, under Blue Button, and download them in PDF for a period of years going back, and then CTRL F search for variations of "arm", "left arm", "Right arm", "low back", "Lumbar", "spine", "back pain", etc, You get the idea. Read through them and see what they say. Then, when you file your claim, CALL ATTENTION to those notes, either print to PDF those particular pages, or at the least list them on your 526 with dates so that we can find them when we pull them (we have to pull your records anyway, by law, but If I pull 800 pgs or whatever of your records from VAMC from after the last time that it was done, its going to take me a lot longer to find your needle in a haystack than if you just tell me/us where to look, or what dates and WHERE you were treated)