diabetes Think There Has Been Another Dro Screw Up

[Guest Berta]

Although my vet rep clearly stressed to the DRO that my evidence was more than enough for award-in Sept., he asked her to get a VA IMO . This was the new DRO that denied me because she didnt "understand the medical evidence" so she never read it and sent me a copy and paste decision which I raised hell over-

The VSM was there too with my vet rep over this and I was told by my vet rep that it would be immediatly sent to an IMO doc at the VA.

Then they sent it to the local VAMC for a C & P- I raised hell over that as the veteran has been dead for 11 years-the Bath VAMC told me, on Oct 3rd and also confirmed agin on Oct 11th that the files were being sent back to the Buffalo VA for the opinion.

I periodically checked only to hear from 800# people that the file was still "in transit"-

today I got a vet rep I knew from past calls and she was surrised that the PC there is still showing this and also that the files are=per the PC-still at the Bath VA.

I told her other vet reps at 800 would just say-well it takes time to upgrade this info when a file is in transit but today she clearly indicated to me that this is not true, that tranitional files are accurately accounted for on the PC.

She would have taken an inquery but I said no- thats OK I will email it to get a hard copy reply.

I sent them an inquery-

I will be pretty ticked off if the files still aren't with a IMO doc-and I get some BS story-BUT

if there was another screw up- I feel that this is

a Very good way for my vet rep to push again for award under 38 USC 5107-which he felt I had more then deserved in Sept.

I had sent him last month-even some more medical info

from the ADA and the VA itself indicating that a negative IMO -based on 2 specific VA medical records-would be in fact a completely unacceptable IMO as it would be additional evidence of VA medical incompetence-

I think in all this time- the last 6-7 weeks that they have tried desparately to find a VA doctor who would go against the claim. When the VA itself and the American Diabetes Foundation has published their specific criteria for diabetes and a Vietnam veteran meets that criteria- and has-as Dr. Bash said-no other etiology but for Agent Orange for DMII-and its complications caused the veteran's death coupled with the fact that VA also admitted they caused his death-then the VA has no way out-

but they sure appear to do all they can to stave off a proper award- I know that by past experience----

this will be interesting to find out just what is what with my claim----

Inqueries- I always suggest- if you ask for an inquery - the email page at the VA web site is great-

Ask them for an email reply and not a phone call-

hard copy can mean everything when the VA screws up.

[wallyg]

Berta,

If the VA can deny qualified Medical Research findings, because it came off the Internet, I'm certain that the 'counsel' has come up with a definition that says that e-mail can be tampered with, and is therefore NOT 'qualified' as 'hard copy'.

[hollywoodnc]

"Although my vet rep clearly stressed to the DRO that my evidence was more than enough for award-in Sept.,...

...hard copy can mean everything when the VA screws up."

Good Morning Berta!

As I had stated in the past...

A DRO is a means used by the VA to further delay a Veterans claims. AVOID the DRO process & FORCE the VA to hire more Adjudicators & rating specialists. A DRO DOES NOT view the file in it's entirety! If so, why isn't the file viewed in it's entirety in the Adjudicator process?

They CAN'T!

Everybody is obligated to review "X" amount of claims in "X" amount of time. Doesn't the DRO also have to abide by the same quota?! IF a claim is to complex to review, what makes anybody think that a DRO will decipher it any faster &/or more accurately? That's what the VA wants you to think!

What I find puzzling, is the message that the VA is sending to everybody advising people to use the DRO process. This tells me that the Adjudicators ARE NOT viewing claims in it's entirety (as they claim), and if they are...They (Adjudicators) are "Skimming" over important issues, in cases that require "Attention to Detail"!

I personally PUSH for BVA, because first, Life is to Short, secondly, the BVA REMANDS any discrepancy, and the RO has to address the issues at hand (addressed by BVA), OR third, the BVA either APPROVES or DENIES the claim (that all depends on the strength of evidence submitted & your way of EXPLAINING it to the board).

DRO reviews are BS!

[Guest Berta]

Thanks for the comments-

I am a firm believer that -since the VA employs people at the VARO level who make pretty good money-those people not only should be competent, they should be accountable for what they do.

If they were- the BVA would not be so overwhelmed and vets would not wait so long for proper decisions.

I fully intend to see the VARO in Buffalo earn their salaries in the proper adjudication of my claim.

As a matter of fact, during the past claims I had at this VARO- I stated that point to them too-

when they are pressured into doing their job- they do it.

My past claims were awarded at the Regional level without IMOs-it was a battle- but so what-I have by far more medical evidence on this one ,as well as the past decisions,past awards letters-all probative to this claim- and the 2 IMOs.

I fully intend to make them do their jobs at the VARO level.

Action gets results.

[Guest Berta]

Got VARO reply- there has definitely been another Major VA screw up in my claim-

I am awaiting call from local VAMC director's office-they are aware of situation and needed to call the VARO-

This screw up is going to be advantegous to me-

I know that doesn't sound like it makes sense-but I expect this latest VA fiasco to definitely result in a proper award for my DMII claim.

I probably need to take some time off the board to square this away-just a few days-I might have to pay the VA a little visit.

[hollywoodnc]

Got VARO reply- there has definitely been another Major VA screw up in my claim-

I am awaiting call from local VAMC director's office-they are aware of situation and needed to call the VARO-

This screw up is going to be advantegous to me-

I know that doesn't sound like it makes sense-but I expect this latest VA fiasco to definitely result in a proper award for my DMII claim.

I probably need to take some time off the board to square this away-just a few days-I might have to pay the VA a little visit.

Hey Berta!

I do wish you success! For some reason, the VA is "Lilly Gagging" on the "Due Process" development aspect of claims. I would contribute this to the somewhat new criteria of Adjudicators having to process more claims per, hours, days, weeks, to fulfill their job duties. This puts a lot of Vet's on the spot, because, the Adjudicators, WILL skim over important issues, thus, forcing more appeals.

The overall problem is the Gung Ho mentality of management to "Meet the Numbers" ("X" amount of claims per ???) so that they receive a QUOTA BONUS! This BONUS is the reason why Veterans are getting shafted, AND, is a MOTIVATING factor as to WHY I was terminated!

I presented that as a "Whistleblower" claim..."Gross Waste of Funds, & Gross Mismanagement". Think about it! I dropped that case, because, I wanted to concentrate on the BIGGER (paying) EEOC CASE...HOWEVER, it is not forgotten!

Nevertheless, THAT DAMN BONUS is a primary cause as to why Vet's are getting shafted. If these stupid RO's would hire more personnel, and go "Paperless" (to reduce real estate), then the VA would become more efficient, AND process claims in a "Light more Favorable" to the Vet's!

Another "Tidbit" of info, is the fact that not everybody at RO's uses COVERS. When a Vet submits any evidence, and the folder is waiting somewhere to be processed, if employees do not "Cover" the file, that delays the claim. I have seen this FIRST HAND, that I could not find folders, because some IMBECILE failed to cover the folder (letting me know where it is)! I used it RELIGIOUSLY!

Another important issue here is, adjudicators holding on to folders that are pending further evidence and they're sitting on someones pile in their cubicle! I often found PILES of files sitting on floors, credenzas, in drawers, tables, etc...! It should be in the cabinet! This MESS, is QUICKLY CLEANED UP, when word of a visit from an official from Washington is due to arrive though!!!

That in itself, was the reason WHY a "Class Action" would open their eyes. If this is exposed, then they would reconsider the unrealistic demands required by management for others to meet the numbers.

If you check on this, you will see that I'm right. Adjudicators have to meet unrealistic numbers to keep their job. The easy ones, get their "Due Process"...it's the more complex one's that get shafted, and are placed in the RO "LOOP"(constantly recirculated).

Take Care...& Best of Luck!!! B)

[Guest Berta]

"For some reason, the VA is "Lilly Gagging" on the "Due Process" development aspect of claims. "

You are sure correct there. My DRO denial in Sept violated basic VA regs.My email via the VA complaint section in which I clearly stated the VA regs that the DRO broke -got that denial voided in days-and the 'real' DRO review began. I was angry- I gave them until that Friday to CUE it - but they did that by Wednesday.

The Sept decision- I am holding onto that beauty!

Months ago I wrote to the Veterans Disability Commission-I found out recently that LOTS of disabled veterans ( and probably some other civilians like me) did the same thing about the PTSD reviews-they not only wrote to complain about the PTSD reviews but they probably griped a lot like I did about the way our claims are handled.

The commission is now supposed to do some oversight of the VAROs .

My Sept decision is positive proof of what I told them about my VARO months before I got it.

I am waiting to see how my claim goes before I write to them again-the VA has gotten the additional IMO by now- I am sure-

I figure the longer I wait-I might end up with even more to gripe about.