Living The Claim

[spike]

Listen,

I am giving a piece of advice here. I understand many veterans find something that is 'wrong' with them, but if you are 100% P&T I would advise against living the claim. Let it be. Let yourself work on your health. One of my friends have said a good metaphor about this....."It's like poking a bear with a stick"-Hadit member (formerly) Jay Johnson. Your asking for the VA to re-investigate your claims. If you are 100 % PT, don't start making all kinds of different claims right away. Think about it this way and I hate to say it this way. What if the person at the VA Claims office, just got in a fight with his wife, slept in the car, back is hurting, and your the first claim he or she gets. Think that they might not 'dig' into your C-file to see if every I is dotted and T is crossed?. I have heard of some vets, losing their ratings because they started a new claim and something in the time that they had the new C&P exam (something they said or did) in the exam triggered the Rating Officer to change their rating for one of their previous ratings. Maybe because the new doctors opinion was different. Take this with a grain of salt. If you don't believe it happens, I am sorry but it does.

[even_flow]

mountain tyme: yeah...the wait times can suck for sure. And you are right, if you have all your records from private docs you should be fine when you get called in. My point was that if they go on a witch hunt and your name pops up, when they see the records on the computer, then they would probably go elsewhere.

Good advice on having records from private docs. However, I've read talk about VA "witch hunts" before--never from a VA employee or VSO. I'm sure a "witch hunt" would have made the press as government employees talk. From what I've read, and one RO posted, unless you DO something that causes the VA to go into your file they're not. You, or someone, said they read on the forums vets had C and P exams scheduled for no reason. I've read posts on the subject but it always turned out the vet did something, i.e. filed another claim. Important is WHY it happened, i.e. did they do something to trigger one? Although seemingly unimportant the devil is often in the details.

The bad grammar, typos, and seemingly "cut and paste" writing in Decision Letters seems to indicate the DVA has neither the time nor desire to start going through vet's files for no other reason than "to cut costs." I could be wrong but think unless something pops up from one of the agencies the DVA cross-checks, you have a jerk for an RO, or you file a claim etc., the DVA is not going to be going in your file. Buuuuuuuut... if they have your file in front of them anyway they might decide to check everything out "since it's there." Here's an example of something "popping up": if a vet goes to college (and doesn't even use the GI Bill or Voc Rehab) and merely indicates they are a vet, their name and social goes to the DVA via The Dept of Education's matching program. You can read about it on the Dept of Education's home page. I looked it up because I received a DVA letter in the mail listing all the agencies they check with, and had no idea The Dept of Education was a federal agency.

If you do in come across substantial evidence of witch hunts though; let us know.

[rentalguy1]

Well, I'm sure they don't do witch hunts, per se, but I guarantee you that they audit C-files all the time. I'm sure they are mandated to do so (because all govt agencies have to police themselves). If they audit a vets file and see that he has been recieving TDIU P&T for several years, they probably check to see if that vet has been visiting the VA on a regular basis...cause it's only a keystroke away. If they find no records of visits for last few years, I would guess that would trigger an invetigation.

My main point still is: The vet should not have to worry about filing a legitimate claim just because he is worried about triggering another C&P. This is especially true if that vet is legitimately recieving comp, isn't working, and has done his/her job of keeping the documentation up to date. A lot of vets simply quit going to the doctor after receiving their rating, and that is just asking for trouble. I'll say it again; getting and keeping a disability rating from the VA IS the same as having a job. I didn't listen to everybody when I was told this and it cost me a bunch of time and money. I will never forget this lesson as long as I live.

[john999]

The VA never called me in for an exam unless I filed a claim in the last 35 years. My VARO is too busy for that. They have thousands and thousands of claims waiting in line both original and appeals. If I don't send in the Unemployability Verification form I think I would have a problem, but I do that every year.

[mountain tyme]

john999 wrote:

"The VA never called me in for an exam unless I filed a claim in the last 35 years. My VARO is too busy for that. They have thousands and thousands of claims waiting in line both original and appeals. If I don't send in the Unemployability Verification form I think I would have a problem, but I do that every year."

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Question what is a unemployability verification form? does the VA send one to you or do you need to get the form yourself and send it in...I never heard of that form before...

Thanks for any infor on this

MT

[even_flow]

rentalguy1 said: "...but I guarantee you that they audit C-files all the time."

How can you guarantee us that? Not being a smart a--, just trying to make a point.

If you had a personal experience where they did it to you for no reason, share. Inquiring minds want to know. I will say though; having dealt with different VAROs I noticed a big difference in quality of service, and in support of your assertation wouldn't be surprised if some ROs go through files depending on the VARO maybe. I think John999 summed it up pretty good.

[steve&pat]

I just got my YEARLY unemployability form .BUT this time they cant lose? it like last year.===This time-the VSO in a neighboring county= mails it- I get copys- it then goes to my legion rep=they stamp & verify and then present the form to the veterns affairs in minneapolis federal building--and they sign for it. WITH ANYTHING YOU SEND___ LIKE THEY SAY DOCUMENT,,,,!!!!!!! After they then were going to cut the disability pay-- 20% unemployability THEY finaly got the next 5 copys-- PHONE to VAO =MY X REP DAV-COPY FROM X CSO -onf by mail & ETC. SO AT THAT TIME I REOPENED MY 100% CLAIM_last february== MOST IS AWAITING HAAS= BUT THEY ADDED 10% for a left foot and leg disability-(but this did gain a $10,000 LIFE INSURANCE POLICY=PAYMENTS PAID by VA= for 100% SC.I think ITS TIME I open claims==FOR ALL 3 daughters for ---SPINA BIFIDA . THEY USED TO SEND A SELF ADRESSED ENVELOPE=== NO MORE, STEVE