Gao Report

[Former Member]

http://vawatchdog.org/07/nf07/nfMAY07/nf053007-3.htm

Larry Scott highlighted this part:

"But, the most compelling piece of information is the paragraph below. Read it carefully...it suggest that it's time for a complete and radical overhaul of the VA disability ratings system." per Larry-

"There is also a need to consider more fundamental reform of the VA disability compensation program, particularly with regard to its disability criteria and field structure. VA eligibility criteria for disability continue to be based primarily on physicians’ and lawyers’ estimates made in 1945 of the effects of service-connected impairments on the average individual’s ability to perform jobs requiring manual or physical labor. Moreover, the program’s eligibility criteria do not sufficiently account for developments in science, medicine, and technology, as well as changes in the nature of work that have occurred in the past 62 years—which potentially affect the extent to which disabilities limit one’s earning capacity."

The last part makes me wonder what the report says about all that- but Fundamental Reform! This is what I dream of----

Thanks to all of you who took the time to write to the Dole /Shalala committee-

I feel they listened to us all.

Gotta get out my Dylan CDs-" the times , they are a comin'"

I foresee a change in our lifetimes.

If they added more lawyers to the BVA-who makes top notch and superior decisions in my opinion-

these days- not at all like it used to be there--

they could eliminate these ROs-or just make the ROs check the basic eligibility requirements and dependency data- etc etc----send it off to the BVA and then it can be handled by someone who is

literate and fully versed in VA case law.

[cloudcroft]

I don't think most future vets -- or lots of present vets, either -- will care for these called-for changes.

Sounds to me that "developments in science, medicine, and technology, as well as changes in the nature of work that have occurred in the past 62 years—which potentially affect the extent to which disabilities limit one’s earning capacity" means (if this way of thinking is applied to VA law changes) that many fewer future vets will get the higher disability ratings or ratings serious enough to be P&T in nature...as well as less vets ever qualifying for TDIU in the future. As if these "advances" are really some kind of miracle drugs or super talk therapy/counseling programs with amazing results over what we have now...they sure as hell are not.

In short, I'm reading "just medicate/counsel vets and reduce their disability ratings because that makes them better."

It's much like we see going on today in the active duty scene where soldiers are medicated/counseled and sent right back out into the combat zone...or get shorted disability-rating-wise IF they are separated/discharged by their particular active-duty branch of service...and ONLY if said service can afford to lose yet another warm body over there to fight in some sorry foreign black-hole country (seeing how the military is so short-handed even though few will admit it).

I don't see how this is a positive change, i.e., something "needed" at the VA...or even allowed to go on NOW with active-duty people.

It's criminal.

-- John D.

http://vawatchdog.org/07/nf07/nfMAY07/nf053007-3.htm

Larry Scott highlighted this part:

"But, the most compelling piece of information is the paragraph below. Read it carefully...it suggest that it's time for a complete and radical overhaul of the VA disability ratings system." per Larry-

"There is also a need to consider more fundamental reform of the VA disability compensation program, particularly with regard to its disability criteria and field structure. VA eligibility criteria for disability continue to be based primarily on physicians’ and lawyers’ estimates made in 1945 of the effects of service-connected impairments on the average individual’s ability to perform jobs requiring manual or physical labor. Moreover, the program’s eligibility criteria do not sufficiently account for developments in science, medicine, and technology, as well as changes in the nature of work that have occurred in the past 62 years—which potentially affect the extent to which disabilities limit one’s earning capacity."

The last part makes me wonder what the report says about all that- but Fundamental Reform! This is what I dream of----

Thanks to all of you who took the time to write to the Dole /Shalala committee-

I feel they listened to us all.

Gotta get out my Dylan CDs-" the times , they are a comin'"

I foresee a change in our lifetimes.

If they added more lawyers to the BVA-who makes top notch and superior decisions in my opinion-

these days- not at all like it used to be there--

they could eliminate these ROs-or just make the ROs check the basic eligibility requirements and dependency data- etc etc----send it off to the BVA and then it can be handled by someone who is

literate and fully versed in VA case law.

Edited May 31, 2007 by cloudcroft (see edit history)

[john999]

Berta

What that GAO report says could be read more than one way. It seems to say that since there have been so many medical and technical advances they might want to look at how we are compensated. I don't like that since these people are always looking at ways to cut the budget by redefining COLA's and average earnings, etc. After WWII we had an industrial economy. Now we have a service economy. Most industrial workers were unionized while service workers are not unionized. Union workers with basic education got more money than service workers without very marketable skills. I just wonder what they are really up to. I can't believe they want to help us.

[Jay Johnson]

Actually, the way I read this is that the VA is now switching gears and going after physically disabled vets. "advancement in medicine" and "changes in work" are basically saying that just because someone loses a leg (or legs) doesn't mean that they suffer in terms of income. Also, there are far fewer "manual labor" jobs in the US (due to cheap oversea's labor), so the majority of work in this country is shifting towards white collar, sit-down labor. In this type of labor force, many of the current high ratings, for physical disabilities, would not apply.

One can be a fine lawyer whilst in a wheelchair....backpain plays little role in clerical work.....so on and so forth.

Personally, I look at this report as more reasoning to LOWER vets, not "fix the system" (unless by fix the system one means less veterans therein).

What should change, fundamentally, is that compensation should include a social component. Service men and women are not allowed to sue the military as a civilian could a privately owned business; thus, the military should pay proper restitution to veterans for things like pain and suffering, loss of consortion, and other social implications. To me, this is the ONLY fair course that can be taken on the part of our military...either that, or give vets back the right to sue their government when their government causes them undo harm.

Edited May 31, 2007 by Jay Johnson (see edit history)

[Pete53]

I trust the VA to do what it has always done.

[john999]

Funny thing is that the more congress and the VA trumpet the effort to help vets the more they are trying to screw us. It is always about money with these people. You can never take your eye off the ball because someone in government will have a knife in your back. I feel like a piano player in a whorehouse. If you get your 100% check just thank your lucky stars. I don't know how any of us ever did it considering the roadblocks.

[Jay Johnson]

This is a fundamental difference in ideology. A large portion of the country believes we should all be working and that disability is for losers. Heck, mitt romney was just giving a stump speech about how any health care plan would lead to a wellfare state. Anytime we give money to people who need money that group of folks cries "wellfare, wellfare!!", yet they are ok with giving billions to corporations who fire Americans and move overseas to make 10 cents more per share on slave labor....all because the DOW goes up by 1.5% as a result.

Once people stop voting against their own interest (at least 95% of us....I'm sure the folks at exxon are voting in their interests), we'll be a MUCH better country...both civilian and veterans alike.

Edited May 31, 2007 by Jay Johnson (see edit history)

[SLEDGE]

Most of the past 'changes' have worked against us or operated to squelch the latest outcry by diverting attention.

They gave us a court that can't enforce anything that the court does.

The court takes one issue at a time instead of attempting to outline all of the BS that a vet has brought before them, therefore, the hamster cage.

This is your claim.

You can't work and have not worked for 3 years due to combat related injuries.

Vet files at the RO,

Ro to vet-several different denials,

vet files an appeal to the BVA,

BVA sends it back to the RO

then Back to the vet,

then back to the RO,

then up to the BVA,

then back to the RO

then back to the vet, denial.

The vet asks for a hearing.

The vet gets a hearing.

Go to the DRO, denial,

back to the vet,

vet to the RO,

back to the vet,

vet files an appeal at the BVA,

BVA sends it back to the RO,

RO tells the vet that new and material evidence is needed to reopen,

vet to RO,

RO denial.

Vet to the BVA,

BVA back down to the RO,

RO back down to the vet,

Vet files with the CAVC,

Back to the BVA,

back to the RO,

back down to the vet, no new and material evidence to reopen.

Back to the BVA,

back to the RO,

back to the BVA and up to the court.

The court remands with instructions,

the BVA remands to the RO even though the court asked for an explanation, not further adjudication.

The RO schedules a C&P examination for last week.

The vet doesn't make the appointment because notice was a week late and the RO denies because there is no new evidence from the missed C&P exam, vet never showed.

Vet asks for another hearing,

2 years later and no hearing is ever scheduled.

Vet files for a writ of mandamus at the court,

court gives the VA 90 days to respond,

VA files a brief,

vet files a brief,

VA grants the claim with an effective date of the date that the vet's brief hit the court with a rating of 20%.

Mandamus is no longer an issue, case is closed at the court.

Vet files for TDIU,

RO schedules 6 new C&Ps,

Doctors find nothing wrong with the vet, 6 times, malingering.

Vet gets independent medical opinion and sends a copy to the RO,

RO schedules 3 more C&Ps,

'May' be a service connection or not.

RO bumps the percentage up to 30%.

Vet files for TDIU again,

RO wants to know if new and material evidence is coming,

vet says no,

RO does not respond for 18 months,

Vet calls his congressman,

RO says they are working the claim, for another 18 months.

Vet calls his congressman,

RO sends a letter of apology to the vet,

A year goes by,

Vet calls his congressman, congressman doesn't want to hear about it anymore, VA must be right.

Vet gets a lawyer,

lawyer says it will be 4 to 6 months to work up the claim.

Lawyer files for mandamus with the court.

The court gives the VA 30 days to respond.

Before the time is up the RO congratulates the vet and assigns a 50 percent rating back to the effective date, TDIU from this day forward.

Court closes the case.

Vet files for a better effective date, (through his lawyer)

RO denies,

vet appeals denial,

RO denies because no new evidence,

Vet goes to the BVA,

BVA remands back to the RO,

RO can't reopen a closed claim without new and material evidence,

Vet goes back to the BVA,

BVA remands back to the RO,

RO denies.

Vet goes back to court, etc., etc., etc.,

sledge

[Ricky]

I agree. Be careful what you ask for. The current leaning is to cut benefits. What the report is saying is that there should not be as many disabled vets (compensation wise) because the labor market has changed. We are no longer held to manual labor jobs. Bust your back during service, no problem - go get a job in which you do not have to lift anything! I can see a move to rate a veteran for a physical disabiltiy, then provide training for a job which will allow him/her to work - send him out into the job market. VA mission complete - we gave him new job skills if he dont work that is his problem NO COMPENSATION. I really do see us heading in that direction. Now for disease related compensation I see it all going away. How does hypertension effect your employment ability? DMII? If you look at it not much if any at all. I have both and neither impacts on my employment so why compensate me? See what I mean. Now should I be compensated? yes. I served my country for 25 years. during that time I could not even get disability insurance on the loans I got with the loan shark companies that normall cater to the military. Yep they would sell it to me just to rip me off but if you read the really small small print you would find that if hurt on a "military mission" it would not pay. If I were just joe blow the civilian I could purchase and be able to AFFORD disability insurance to cover me and the family in case something should happen. I gave up that option to serve so I look at VA being that "disability" insurance I could not purchase or AFFORD. Just my opinion based on my personal situation.

This has been a very bad administration for veterans. We better unite quickly or we will see these radical changes come about and I would not put it past congress, once they see the savings which they can use on pet pork projects to insure reelection, to go along with such recommendations. It would take a few years but it could be done. If we don't get the national service organizations off their asses and make ourselves a viable voting target then we will lose. We could also expect to see such changes becoming retro-active which would affect all of us. The only way to win is to stand together, make our votes be heard and demand no such changes! I saw it on another post and will say it here - I do not see why anyone would sign on the dotted line these days after seeing what is happening and what is being planned in the veteran community. WE BETTER SPEAK UP NOW OR FOREVER HOLD OUR TOUNGES!!!!!!!!!

Edited June 1, 2007 by Ricky (see edit history)

[71M10]

What administration in recent memory has been good for the veterans? Don't focus on the administration, the change positive or negative will be legislated by congress. For just once during an presidential campaign I would love to see a candidate when asked about their plan for the economy to state "it is not among the enumerated duties of the President to Introduce Legislation".

[Ricky]

71M - you are correct about congress. However, treatment of veterans is usually based upon the administration since it is the administration that appoints idiots such as ole Sec Nicholson. These guys act as puppets and follow the string pulls of the administration. Congress usually looks at it as "hey we did our part, we made the laws" and then they close their eyes to all of the abuse for they know that a dime saved is a dime they can spend on pork projects. So no matter what law they enact it is usually for "election security". Once they have their two or four year stint secured its see no evil, hear no evil. It becomes worse as these idiots start their 5th, 6th etc... terms. So the bottom line - veteran issues are mostly handled by the administration and its focus on veterans vs DoD. In the past years the Sec of DoD has run over the VA. Now these congress idiots you speak of really focus on DoD for most have many contractors in their area who need DoD contracts that is why they close their eyes to veteran issues - their main thrust is to engage their local contractors in government contracts, then they have to rely on money from other areas to support their pork projects. Lets see here, will it be welfare or other entitlement programs? Nope, the voting base is too large there, hmmmmmm - who can we beat down and screw over.......Hey, those old veterans, they never vote cause most of them are druggies and dead beats anyway. The public is pissed off at them cause we give them a 110.00 bucks a month for hemmies so even if they make a stink about an issue the public could give a damn less and tell them to go ride their Harleys and screw the taxpayers out of 110.00 bucks a month. So when the Prez and VA Sec slight veterans, congress simply closes theirs eyes cause they know there will be extra money in the pot for them in the end and when all hell breaks loose on veterans issue they can jump up and scream "hey developed legislation for veterans issues and the Administration has totally ignored it, therefore, we will have to develop a committee to setup a committee who will start another committee that will investigate what went wrong. That way we can employ our family members and friends who used to work for XYZ - making the wife happy and securing campain funds to support my next election and allowing us to beat our chest in front of the american public during a time of war securing votes based upon our concern for veterans.

So you see, it does not matter who we focus on congress, senate, etc...... it really only matters how the administration views veterans issues and which puppet it puts in charge of the VA. Our congress an senate have their asses covered in any circumstance and do not care about veterans for our voice is not one of solidarity making veterans issues a much lower priority than that of the entitlement community. Just my opinion.