Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

" Rater" Going Crazy With My File From Bva?

Rate this question


Josephine

Question

  • HadIt.com Elder

Well stupid is as stupid does. That is me!

Just got off the telephone with my rep.

He has finally, " according to him" been allowed to see my file

"as it is being rated".

Said the Rater just may send me for another C&P for rating purposes.

I will absolutely not go for another C&P.

I will give it all up first. I will not go in that place for a third time in 4 years.

The Judge just made his decision from the BVA March 8, 2008.

Can the VA do this to me ?

He said with the GAF of 40

those two quack psychiatrist gave me

I may be declared " Incompetent."

What can they do to me next because of this retro?

I can't take anymore.

Betty

Edited by Josephine
Link to comment
Share on other sites

  • Answers 54
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

  • HadIt.com Elder
Hi Betty

Another travesty in your saga!

I think Dr. Crowley could send a letter to stop this.

I also think this story is news worthy. I would write it up, then contact the news medias and negotiate the financial terms.

In other words, put them in the corner by showing that you are competent and that you have a news worthy story that the media is interested in. I do not think the VA would want more bad publicity, but you never know they seem to be untouchable.

Happy Trails

Paul

Paul.

What the VA won't do to save a dime.

I have contacted Dr. Crowley.

Either way the VA is going to loose, for I am far more intelligent than

I give myself credit for.

I figured out how to keep a new stove new didn't I.

Don't use it.

Always,

Betty

Link to comment
Share on other sites

  • HadIt.com Elder
Josephine- Free spirit is right-

this is a protection for the veteran- and I know 2 vets who were glad they could make their wife the beneficiary as they did agree they were incompetent-

BUT you arent!

And even if you said 'OK- let them declare me incompent-and send the check in my husband's name-'

that took a friend of mine- 4-5 months after he was awarded 100% to see his cash in his wife's name-!

WHY should you wait that long-

Dr Crowley could write a letter in a heartbeat (hope he will) to stop this nonsense.

This is ludicrous but you WILL get that retro no matter what they try to pull----

You did succeed in your claim! That is something they cant take away.And you never gave up!

(Does the VA have a secret interest bearing account for all the retro they hold back from vets? I must sound nuts saying that but I cannot understand what is in it for the VA to pull this stuff--

wait--- -of course I know-

if the vet dies waiting- then their spouse will have to file for accrued and DIC etc- and that could take years more, and the spouse themselves could also die waiting-

and the VA has saved LOTS of money)

Berta,

No, I am not incompetent and if need be, I will march down to the VAMC and prove it.

The VA has not been able to stop me to date and they know I will not quit this late in the game.

I imagine, I will know within the next two weeks, what their plans are for me.

I am not sure the VAMC wants me back down there for I have certainly caused problems for those two

psychiatrist on staff.

I am not sure they Can find anyone willing to see me.

I am not taking their non-sense lightly.

Thanks a bunch!

Betty

You got that one correct. If I die while I am waiting, the government saves the money to pay their employees a bonus.

Link to comment
Share on other sites

Betty,

Wow - they're at it again. I just checked in to see how your claim was going (rapid cycling again and I don't mean a bike). I agree with just about everything everybody said and thought Free made a good point about them perhaps needing to send you to a C&P exam to CYA. I think it was also Free who said DO NOT send anything in until they send something OFFICIAL IN WRITING to you (when did you get a vet rep?) so you don't open a back door for evaluation which was, IMHO, excellent advice. Sit tight until the VA officially tells you what their next move is and then you can plan yours.

Here's an idea to consider in advance if you do have to go in for a C&P exam - see if you can hire a shrink to go with you as your advocate along with your husband. Given the hocus pocus the VA shrinks pulled on you (not to mention changing treatment evaluation records) and your long history of anxiety it would seem fair for you to have your own shrink in the room along with your husband. That way, if the VA shrinks lie again you could have 3 statements (1 from the shrink, 1 from your husband, and 1 from you) to counter balance any phony baloney their C&P examiner decides to write. Now, that's borrowing trouble but it's just something to think about.

I know I've written it before so forgive me for repeating myself - but I had a great C&P shrink. Pleasant, wrote everything I said almost verbatim, asked the right questions, and was willing to tell me what she'd written at the end of the exam when I asked if she saw the nexus. The only failures in my C&P exam were mine based on ignorance (who knew the whispers were psychotic - I thought they had to be distinct voices) and pride (no way did I tell her just how much my bp affects my family relationships - who wants to tell a total stranger the most painful aspects of your illness?). You are neither ignorant nor prideful so given an honest examiner, you should come out fine on the C&P exam.

But, since it's not a perfect world, I still suggest if it comes to another exam you take your husband, a shrink, your mother-in-law, the Hokies, and the VA National Guard in there with you for back up! ;-)

I'll try to get on the board in the upcoming days and see how your claim is progressing. I keep meaning to reply to your pm but just can't sit still long enough. I'm dying to ask you if Wade's still does their potatoes but will save that for our pm.

Hang in there, keep us posted, and know that the entire hadit community is behind you in your claim.

God Bless,

TS Snave

Link to comment
Share on other sites

  • HadIt.com Elder
Betty,

Wow - they're at it again. I just checked in to see how your claim was going (rapid cycling again and I don't mean a bike). I agree with just about everything everybody said and thought Free made a good point about them perhaps needing to send you to a C&P exam to CYA. I think it was also Free who said DO NOT send anything in until they send something OFFICIAL IN WRITING to you (when did you get a vet rep?) so you don't open a back door for evaluation which was, IMHO, excellent advice. Sit tight until the VA officially tells you what their next move is and then you can plan yours.

Here's an idea to consider in advance if you do have to go in for a C&P exam - see if you can hire a shrink to go with you as your advocate along with your husband. Given the hocus pocus the VA shrinks pulled on you (not to mention changing treatment evaluation records) and your long history of anxiety it would seem fair for you to have your own shrink in the room along with your husband. That way, if the VA shrinks lie again you could have 3 statements (1 from the shrink, 1 from your husband, and 1 from you) to counter balance any phony baloney their C&P examiner decides to write. Now, that's borrowing trouble but it's just something to think about.

I know I've written it before so forgive me for repeating myself - but I had a great C&P shrink. Pleasant, wrote everything I said almost verbatim, asked the right questions, and was willing to tell me what she'd written at the end of the exam when I asked if she saw the nexus. The only failures in my C&P exam were mine based on ignorance (who knew the whispers were psychotic - I thought they had to be distinct voices) and pride (no way did I tell her just how much my bp affects my family relationships - who wants to tell a total stranger the most painful aspects of your illness?). You are neither ignorant nor prideful so given an honest examiner, you should come out fine on the C&P exam.

But, since it's not a perfect world, I still suggest if it comes to another exam you take your husband, a shrink, your mother-in-law, the Hokies, and the VA National Guard in there with you for back up! ;-)

I'll try to get on the board in the upcoming days and see how your claim is progressing. I keep meaning to reply to your pm but just can't sit still long enough. I'm dying to ask you if Wade's still does their potatoes but will save that for our pm.

Hang in there, keep us posted, and know that the entire hadit community is behind you in your claim.

God Bless,

TS Snave

First Tom,

Yes, Wade's sure does, but being a diabetic, I have to stay away from them.

Now down to business. I could never afford to bring Dr. Crowley down. He charges 4000.00 a day to leave D.C plus expenses.

Nice to earn those kind of wages.

Spoke to one of the attorney at the BVA and he said there should be no examination for I do not have a rating of 100% for

PTSD and my GAF is no where low enough for any talk of my competence.

Maybe my claim will be smooth sailing. I have had enough being jerked around.

Always,

Betty

Edited by Josephine
Link to comment
Share on other sites

That's the Spirit Josephine-

You can certainly prove to them you are NOT incompetent!

If you need (and you are far from this so far but you know I always look for the landmines)

for any reason to file a Writ with the court on all this-that is only if they dare to tamper with the 100% they awarded you (as they did to Stratford as I posted today)

I will get in touch with a lawyer I know who I believe is best one to help you there-and give you him email addy etc-

I DONT think you will need him-I dont think they will pull anything on you as to the 100% award-

but if they do-I will do all I can to make sure they dont succeed-

this is happening to you because Cooper and Mayes pulled a fast one in DC -as explained in Stratford's Petition-

so it seems to me you too must be looking at $250,000 or more in retro-

and this is why they are doing this.

I do not believe they will try to mess with the 100% at all!!!! But I dont trust anything they do-

and I will help you if they pull something like that-

I hope they dont-and am sure they wont-

but I am just shocked at the Stratford case Josephine-

so I dont trust anything they do.

I think this will all work out for you A- OK anyhow-

I just wish it was OVER and you had your deserved retro check in the bank!

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • HadIt.com Elder
That's the Spirit Josephine-

You can certainly prove to them you are NOT incompetent!

If you need (and you are far from this so far but you know I always look for the landmines)

for any reason to file a Writ with the court on all this-that is only if they dare to tamper with the 100% they awarded you (as they did to Stratford as I posted today)

I will get in touch with a lawyer I know who I believe is best one to help you there-and give you him email addy etc-

I DONT think you will need him-I dont think they will pull anything on you as to the 100% award-

but if they do-I will do all I can to make sure they dont succeed-

this is happening to you because Cooper and Mayes pulled a fast one in DC -as explained in Stratford's Petition-

so it seems to me you too must be looking at $250,000 or more in retro-

and this is why they are doing this.

I do not believe they will try to mess with the 100% at all!!!! But I dont trust anything they do-

and I will help you if they pull something like that-

I hope they dont-and am sure they wont-

but I am just shocked at the Stratford case Josephine-

so I dont trust anything they do.

I think this will all work out for you A- OK anyhow-

I just wish it was OVER and you had your deserved retro check in the bank!

Berta,

Boy, do I know about those pot holes and land mines.

They have been placing them in front of me for so long.

I couldn't believe it when I received the 10 page award letter and how one attorney

worded things so much differently than the first one.

The first attorney at the BVA tried his best to cover up the facts.

When I realized what was going on, I fought them with the rules

and regulations.

I called this Statement in Support of Claim,

" How the VA never intended for me to ever have service connection".

I blasted them line by line from the first SOC I ever received

to that dumb SSOC from the R. O to the dumb SSOC from the AMC.

Who ever heard of a Veteran going to the BVA before they have their first

C&P. What kind of a Form-9 could I possibly write?

Just because a dumb DRO sent it to me by mistake on his "Preliminary Decision" .

"So they say?"

I blasted them out with honey and not vinegar.

Thanks so much, Berta, I sure hope they don't try to mess with the 100%.

These doctors are soon going to realize, " I have Chronic Anxiety".

As Dr. Crowley quoted " Chronic Severe".

I will go down to another C&P and show another darn doctor.

It would only make the 6th doctor.

Somewhere they are going to have to believe someone.

I didn't mean to rant and rant on.

Thanks so much, Berta, it is so nice of you to help me when you are working your own claim.

I am forever grateful.

Betty

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use