Deliberate Vcca/duty To Assist Noncompliance.

[Guest morgan]

I am aware of a senate committee and an OIG investigation of a VA regional office and I'm wondering if someone here can answer some of my questions about it. In brief, the Senate Committee for Oversight of Veterans Affairs opened an investigation that is being worked through the regional chain of command. The regional director wrote a letter apologizing for issues brought to the committee and OIG's attention. He called the behavior of certain employees "unacceptable and unprofessional" and says he has taken "appropriate corrective action." An OIG investigation is now going forward.

My question: is it a serious matter when ratings employees are caught deliberately disregarding VCAA/duty to assist requirements in favor of meeting performance quotas? This was not a matter of failing to send a VCAA letter to the claimant, evidence submitted to the senate committee and the OIG is irrefutable, the intentional premature decision was made for the sake of meeting performance quotas. Doesn't this meet the level of being ILLEGAL rather than merely unacceptable and unprofessional? Will the OIG investigation likely go through the same regional director?

[Berta]

"Too bad you could not get with some lawyer to file a class action kind of lawsuit"

John you must have ESP- that is something I intend to look into next year-

Class Action-last year

I started compiling the BVA docket numbers of all the VCAA violations that my former POA let slip by-thinking there might be a state action basis for Class action certification-regarding vets whose POA they hold in my state-it was taking considerable time-

but then I realised the entire class is documented at the BVA-in any remand decision that states the veteran or widow received a detrimental VCAA letter-from any RO.

There are thousands--- as you said-

the VA mitigates the illegal VCAA mistakes as it is a procedural error-and they remand the claim to have the RO straighten it out-

but then again how many vets die waiting for all that to take place?

The HCVA and the SCVA claims they will be altering the claims process after the first of the year-

That is when I will start griping by mail again to them-

and if the VCAA isnt changed-

I will try to get an attorney to file class action.

Or think of some other way to definitely alter the travesty of justice that ROs have turned the VCAA into.

I was reminded in this thread reading of the VA OIG investigation-

my main claim had 3 authorizations in Jan 2006-one of the 800 guys I know acted like I had won the NY state lottery when he told me of the 3 signatures and that I would hear something very soon-

I had also filed a complaint with the Inspector General early Jan 2006 as to many problems I saw with this VARO and specified them-and also asked what happening to the VCAA enclosures that the GPO prnted which explain the VCAA yet are never enclosed with these letters-

I didnt hear from the RO again until July- and this was the BVA transfer letter-

So sometimes I think they retaliated against me-other 800 reps told me they dont need 3 authorization signatures for a BVA transfer-

and my former POA (who KNEW they were doing this transfer before I did) of course had no answer at all on any of this-

What gets me is this-

I have continued to send VARO evidence for my claim for years-

I prepared the I-9 and discussed with Ron Abrams from NVLSP how he advises in the VBM that the I-9 be stated.

One page one of the I-9- (they used to give you more room- my first statements were that my unrebutted medical evidence had continued to be ignored by the RO-through SOCs and even a DRO review and then a DRO conference with my POA.

All on page one of the I-9-

and then I expanded, listed my evidence again etc- in attaced pages-

This I-9 on my phone log apparently was passed around the VARO, and then my reps filed a 646 on it- yet no one reacted to the VCAA violation -also mentioned in my I-9 or that my evidence had never been addressed-

I knew I would get a remand but still- this seems proof positive to me that no one is reading our stuff-especially the I-9.

The last I-9 I filed was in the 1990s-yet I continued to send the RO evidence and got a VARO award-and was asked to drop the appeal.

Yet I wonder sometimes-if the VARO retaliated against me due to the OIG letter I sent-I wasnt griping just about them- I griped about the entire system-

and that they deliberately decided to send a claim to the BVA without addressing any of my medical evidence to include my IMOs.

[john999]

Berta

How does the VA get away with simply ignoring medical evidence they don't like? If they are doing it to us here at hadit they are doing it to every vet when they want to ignore? There are so many things wrong with the VA it is hard to find a place to start but hitting them in the pocket book is the only way to get their attention. Disabled persons at the post office did it and it cost the USPS millions.

[Berta]

John- Dr. Bash was livid when I told him his initial IMO was ignored-

he said ---call your Senators and Congressman Berta-

But I had started to see that much of the problem was with my POA-

the RO cannot consider what is lifted-oops removed-replaced-etc - continually out of the c File by the MF -mysterious force --

who was employed in the 1990s by my RO but this time around I think the MF is employed by the state of NY.

Vets MUST raise this issue every time with the RO- if their med evidence is ignored-

I literally copied my IMOs on the backs of other crap the VA sent me, and on the back of a letter to the Director-

Last week I requested informal telephonic conference with the DRO and mentioned that-if my IMOs are missing AGAIN- call the General Counsel (I gave name and number of the attorney handling my POA complaint) as he has a copy of them too and they continue to be in VA's possession and must be considered.

We are victims John.Victimized by an arbitrary system that the tax payers fund and that is set up solely due to the fact that you men and women served our nation and have sacrificed mind and body doing that.

You all served them -when are they going to truly serve all of you.

Victims must fight back.

[Ricky]

John, the law gives them the right. They hold the power to weigh, and decide which evidence is probative in a claim. If questioned they just have to simply say oh, I did not think it was probative therefore, no weight was given to it. Its that simple. No legal issues there.

The law should be change to they have to consider all evidence and comment on all of it in the SOC. This should be mandatory because if you really think about it they are just simply lay persons when it comes to this area. I do not know one rater or DRO that has received any medical training so in reality their opinion when it comes to medical should be consider the same as ours is - lay person - non-probative due to the fact they are not medically trained.

I do not know how it should work but the way it works not is kinda stacked against the VET in that most raters who rate claims do not understand much of the medical evidence they read. When a claim contains a medical issues that is rare or complex the vet tends to get screwed.

This is why I work with my neuro to make him understand that his medical notes and opinions have to be written for idiots with a kindergarten knowledge of medical issues. He just laughs and shakes his head. However, he does comply with my wishes.

Edited December 23, 2007 by Ricky

[john999]

Ricky

If the vet produces SMR's and the VA chooses to ignore them they will have a CUE on their hands. If there is clear evidence in the record that a vet is IU and the VA ignores it that is a possible CUE. The CUE is the only remedy and it is a faulty one at best. It is easier to understand what is not a CUE than to figure out what is one. I think the evidence will get scrutiny but you have to wait to get to the BVA or COVA. That is unacceptable. Vets should be approching their local VARO with flaming torches like in the old Frankenstein movies. I am up for that.

[buickx]

This scenero is just like the private heath insurance companys.....clerks making life decisions with no medical background or experience in the medical field...maybe they saw whats going on in the VA, and decided "this is a good way to save a ton on money" and be legit !!!!!

Edited December 23, 2007 by buickx