I Know That The Varo Looks At Your Records But Do They

[jecsb4]

Hi All,

I was woundering if the local VARO that is handeling your claim actually talks to the VAMC DR or do they just read the notes that the VAMC Dr. puts in the computer? I ask this because my VA Dr wrote a lot about my problems in the system and then he said if they have any questions they can call him. I know that if they call him they will actually get more info to support my claim.

It's Kinda weard to me but I have 4 private Dr's give their medical opinions but they only really took the "truth" from the VAMC Dr!! Once I went in the VA system it seemed that my claims were "validated".

Also this is a question that is probally hard to answer but my initial claim took 3.5 yrs and I received SOC for my main issue and I am going to respond to it with a reconsideration due to additional med info. Can any one guess to how long the recon will take? I hope it is quicker than my initial claim.

Thanks

[spike]

It's been my experience the last 4 years almost that it is harder to get an inital sc of a disability than an increase. Therefore I believe in my own eye it takes longer to get inital. But 3 1/2 years. However, an my increase, I had 4 increases in and it took 9 months to a year getting them all done and I was spoon feeding them documents and research for them.

[hollywoodnc]

It's been my experience the last 4 years almost that it is harder to get an inital sc of a disability than an increase. Therefore I believe in my own eye it takes longer to get inital. But 3 1/2 years. However, an my increase, I had 4 increases in and it took 9 months to a year getting them all done and I was spoon feeding them documents and research for them.

Hello Spike...

Your question/caption says it all. YES, they do, IF it stands out, or if you have only a "Short and Plain" statement explaining your request.

VA employees are under a microscope when it comes to reviewing claims.

Adjudicators are expected to view "X" amount of claims in so much time, otherwise they are written up.

With such a demand hanging over employees heads, there is a GOOD chance that a more complex case is susceptible to errors, when important issues are missed.

I have addressed this issue in particular in letters and e-mails to the Committee on Veterans Affairs...it was ignored.

The motivating drive for employees at the VA is a Quota Bonus. This is why issues are missed, because with the managers of departments insisting on employees meeting "X" amount of claims per hour, day, week, month, quarter, and even year, so that they meet numbers on claims resolved (approved and denied), and a bonus is included in their paycheck if they meet the numbers;

It is apparent that a lot of these people will deliberately miss issues, and force you to appeal...all based on meeting numbers, & receiving a cash bonus in their paychecks! (Motive to receive a cash bonus, & Intent to deceive by deliberately denying valid claims).

As we are all privy to, the DVA appeal process is nothing but a delay tactic, in hoping that you drop your claim, or miss crucial time frames. The court system effectively uses this tactic to dismiss cases!

Usually, the appeals personnel will agree with what the adjudicator claimed, thus causing you to have to submit a NOD, then an appeal to the BVA, and if your claim is still denied, you're dealing with ultra conservatives in the Federal Circuit and Appellate court. I believe that the US Supreme Court will get involved (if they haven't done so already). A Petition of Writ of Certiorari is not a guaranteed right to Americans. You'll notice that I haven't included a DRO review, being that this somewhat new right, is nothing but a waste of time!

Another recommendation that I had made to the committee, is the Pot Lucks conducted by employees!

These pot lucks are taking away the time required to resolve your claims! It appears that these people deemed it more important to prepare food to impress their coworkers, rather than resolve your claim.

IMO...This isn't a place to socialize, ESPECIALLY when, a Veteran with any sort of debilitating injury or disease is applying for a rating.

If Pot Lucks are important to these people, they need to hold this on THEIR time...not OURS! We don't pay taxes, so that Gov't. employees can socialize, or playing office politics. That in itself is a Gross Waste of Funds, when you consider the amount of RO's x's people conducting pot lucks nationwide. Most are being paid while setting up their food . This is unacceptable in my eyes, especially when there are those families having to deal with multiple financial problem hardships!

There are not a lot of private companies that tolerate pot lucks during business hours, especially when their bottom line ($$$) will be effected!

I also addressed to the committee, that the VA should consider starting a "Second Shift", even on a temporary basis, pursuant to:

5 CFR 316.401 Temporary Appointments, so that all claims that are backlogged, can be resolved in an expeditious manner.

Even if GS-4 clerks are hired, for second shift positions, a lot could be accomplished.

Case in Point:

Designating these clerks to find lost folders (in part by utilizing COVERS), filing, organizing files, pulling what wasn't pulled the previous day, attaching mail, etc.

I also recommended that the DVA go paperless.

This will free up real estate, thus, allow them to hire & train new adjudicators.

OWCP (Office of Workers Compensation Programs) has gone paperless, and Social Security is about to do the same. Why hasn't the VA?

In 2002, I wrote a letter to Pres. Bush, Senator Edwards, and Congressman Burr. This was a letter later used as an exhibit in a Whistleblower complaint to OSC (Office of Special Counsel).

In this letter I did state that with Hussein contemplating the use of chemical/biological weapons, the DVA will not be able to handle the influx of claims about to pour in. I also stated that Pot Lucks & Quota Bonuses appeared more important than resolving Veterans Claims.

It was ignored by the president, and burr, but somewhat addressed by Sen. Edwards office. They all ASSumed that the insurgency that you see today would be minimal, and that not many claims would be filed...were THEY wrong!

I filed my claim in 2002, and it is in the middle of a BVA appeal. I don't foresee a Federal Claim, however, with all that's going on in this crazy country...you never know!

The bottom line...

Even though I have referred to these people as "Brain Dead", and used language that is deemed inappropriate in my submittals, it appears that the DVA is geared to denying claims, as opposed to approving, despite the validity, regardless if it's presented professionally or in my case, with colorful metaphors.

The key here is the "Quota Bonus" and the driving force to receive this quota bonus (Resolving so many claims -vs- time).

Most politicians don't give a Rats Ass about us. All they care about are the votes. If they cared, this would have been resolved years ago!

We've been complaining for years about this incompetent agency, but to no avail. We're in a "Flap" now, and it's just before elections. It is NOW an issue. If you don't support the Veterans, you will not be elected! Politicians have no balls, until the media, then the country, addresses the Walter Reed issues. Notice how they're all running in circles, including firing those who don't comply to the publics uprising.

My 2002 letter wasn't sufficient enough I guess.

NOW is the time to address the issue of an incompetent agency to your elected official, while it's on the front burner.

Let's all help these Guys & Gals from this ongoing war with this group of DVA imbeciles (Managers, Directors, Legal Counsel, incompetent doctors, and Agency Secretary), hell bent on denying them the Due Process which they, and we are entitled to!

Insist on:

#1) Eliminating the Quota Bonus for the RO (ONLY award individuals for accuracy)

#2) Eliminate "Pot Lucks" during business hours. Hold those and Retirement parties AFTER hours only!

#3) Extend business hours for Second Shift personnel, thus eliminating unnecessary OT for work that should have been accomplished during business hours.

#4) Hire qualified doctors that don't have a biased opinion against the Veteran, because he/she is employed by the DVA.

#5) Hire doctors with certain specialties, other than forcing a Veteran to have to wait 6 months+ and having to travel unnecessarily to destinations far from his/her home. (eg: There are no Orthopedic doctors at my facility, requiring me to have to wait 6+ months, and having to travel roughly 75 miles to see one.)

#6) If #5 is not feasible, then the VA should establish a Medicare insurance program similar to Social Security, to allow the Veteran to see a physician of his/her choice.

#7) If a Veteran has multiple issues, and one or more is recognized as a S/C disability or even secondary to, but other issues are not, the Veteran should be immediately awarded for those issues that are agreed upon, while the disputed issues are being appealed or require further review/evidence. To hold any entitlements to benefits, while other questionable claims are being appealed or awaiting further actions, is ludicrous, and presents undue hardships for Veterans and their families.

#8) If a doctor commits malpractice pursuant to 38 CFR 1151, that doctor should be permanently banned from practicing medicine...

PERIOD!

Veterans are NOT Guinea Pigs, and will not tolerate being subjected to experimental surgeries, so that these incompetents can perfectify their resumes when they decide to go into private practice!

#9) The Armed Forces (where the new Veteran was clearly disabled) should continue their basic pay until the DVA awards the Veteran compensation. (This is above and beyond the severance package.)

(This is based on the presumption that it is not being done already.)

#10) The Secretary of DVA should be held accountable if he/she or any RO Director, or Manager doesn't comply to laws, and immediately impeached if he/she does nothing to insure that Veteran rights are not ignored or violated in ANY way, as stipulated in The US Constitution, US Code, and the Code of Federal Regulations, regardless of it's severities!

These are the changes that must be made to guarantee that we Veterans receive the entitlements for our disablities.

Here's the link: http://veterans.senate.gov/public/index.cfm?pageid=1

AND

http://veterans.house.gov/

Just my humble opinion...

Edited July 26, 2007 by hollywoodnc

[luvHIM]

The motivating drive for employees at the VA is a Quota Bonus. This is why issues are missed, because with the managers of departments insisting on employees meeting "X" amount of claims per hour, day, week, month, quarter, and even year, so that they meet numbers on claims resolved (approved and denied), and a bonus is included in their paycheck if they meet the numbers;

It is apparent that a lot of these people will deliberately miss issues, and force you to appeal...all based on meeting numbers, & receiving a cash bonus in their paychecks! (Motive to receive a cash bonus, & Intent to deceive by deliberately denying valid claims).

As we are all privy to, the DVA appeal process is nothing but a delay tactic, in hoping that you drop your claim, or miss crucial time frames. The court system effectively uses this tactic to dismiss cases!

Usually, the appeals personnel will agree with what the adjudicator claimed, thus causing you to have to submit a NOD, then an appeal to the BVA, and if your claim is still denied, you're dealing with ultra conservatives in the Federal Circuit and Appellate court. I believe that the US Supreme Court will get involved (if they haven't done so already). A Petition of Writ of Certiorari is not a guaranteed right to Americans. You'll notice that I haven't included a DRO review, being that this somewhat new right, is nothing but a waste of time!

Just my humble opinion...

I think your assertion here, hollywoodnc, pretty well sums up why I've been waiting on an increase for a SC for the past 4 years. I think it is like you said, they (RO) thought I would miss timely filings and just give up and quit. I really don't think RO expected me to be in the race this long. But I know my claim is based on more than just my notion that I should receive an increase. I have had favor with the VAMC docs/rheum, rating examiner (for the most part), and my private rheums. I got retro SSD in 2005 and believe the BVA will see the evidence when it gets before them.

Anyway, your post has been inlightening, to say the least, about why I've been waiting so long to get an increase above 0% for a condition that was service-connected back in 1978.

[hollywoodnc]

I think your assertion here, hollywoodnc, pretty well sums up why I've been waiting on an increase for a SC for the past 4 years. I think it is like you said, they (RO) thought I would miss timely filings and just give up and quit. I really don't think RO expected me to be in the race this long. But I know my claim is based on more than just my notion that I should receive an increase. I have had favor with the VAMC docs/rheum, rating examiner (for the most part), and my private rheums. I got retro SSD in 2005 and believe the BVA will see the evidence when it gets before them.

Anyway, your post has been inlightening, to say the least, about why I've been waiting so long to get an increase above 0% for a condition that was service-connected back in 1978.

Hang in there luvHIM... as I said in my lengthy post, they'll (VA) use all sorts of BS reasons to deny you, rather than approve you.

Stick with it.

I've voiced my disgust to many people (including the elected officials {Supra}) regarding the failure of the VA, and as early as 1977!

In 2002, I actually witnessed this failure, when I worked at a local RO. I've just been through court hell with the VA, involving a Discrimination/Retaliation lawsuit. I'm debating (with myself) whether to file a Petition to the US Supreme Court.

I'm also answering a BVA opinion, and I'm formulating a personal lawsuit against idiot neighbors...so my mind feels like MUSH now! (hahahaha)

NOW, and as I predicted, a class action complaint against the VA (including some issues that I raised) is being filed in Federal Court.

What I find especially interesting, is when the author of this complaint had stated that the adjudicator doesn't have to appear in a Veterans hearing. I hope that changes, whereas they have to explain WHY they decided the way that they did..., In affect, the "Ball's in their court."

A positive outcome of this "Action", will open up doors for all of us, and most importantly sends a clear message to these VA people that, we will NOT TOLERATE their contemptible conduct anymore.

It's sad to see all the crap that the Vietnam Vets went through with Agent Orange.

This is OUR time!

Edited July 28, 2007 by hollywoodnc

[jbasser]

When dealing with the VA one must not assume anything. Even if a MD states something in the notes it is not a done deal. The Ro does not look at it unless it is used as evidence in a claim. The person to instigate the RO to look at it is the Veteran.

As far as reading service records, I have a case that the may help/ I filed a hypertension claim in 1998 because of another claim I received a letter stating The Va had received the service records.

I asked the VARO to reopen he claim based on the Service records being New and material evdence.

The RO denied the claim stating there were no complaints, treatment or evidence of any high blood pressure readings in service. I filed a NOD.

Now I asked to reopen in 2003. I received a letter that the claim was inferred.

I was granted SC for Hypertension and heart disease with a date of 2003.

I filed a NOD along with a cue claim on the 1998 decision asking for an EED because of CUE because the VA did not read the service records. (there were 7 compensable readings from Service and 3 from the reserves as well as a diagnosis from the first post service year.

The same went for migraine headaches.

The best advise ot to get and keep all pertainent records.

If you can, scan them in a computer and keep a copy of the disk in a Bank safe deposit box.

JBasser.

Edited July 28, 2007 by jbasser