To All S/c Veterans And Those Working On It...

[Meddac]

This is NOT intended to start a big squabble match nor to solicit defaming comments. Several of you know that I am here and who I work for. I only intend to help in the most sincere way. Some of you that I have contact with away from here can attest to that fact.

To all veterans: One of the quickest ways to get reduced is to lie about your conditions. You could get worse.

I had the chance encounter in the past 3 weeks to come across an increase claim for a veteran. After my usual work on the claim I did an administrative decision. That decision required my signature and 2 others. All three signatures came back to me today. As of 1:30 PM this afternoon when I left work, the claim, admin decision, and this veterans future are in dire straits. I proposed to sever all current benefits. Yes, the veteran is S/C for some things....or was S/C, and it was granted by an RO that I do not feel is up to the task of serving veterans. I would put them in your "Dirty Dozen", but I am not giving names. I had to hand carry the file to my rater to do the rating proposal. The rater was nearly done when I left for the day. My day was pretty much dead at that point. I don't feel good about what I had to do, but it was blatant and I caught it immediately.

My rater has had to do a CUE. It was CLEAR, it was UNMISTAKABLE, and it was an ERROR. I do not feel for this veteran at all, but I am also not proud of my task. I wish it had been someone elses digit, and not mine. It will cost the vet money, cause a large overpayment, and on Monday it will cost them their free medical care.

The story is very long, and I won't post it on here. It's on my chest, and I eventually have to vent it out....somehow. I just wanted you guys/gals to know that benefits can be reduced (which you already know), and that they can be taken away completely. We have a saying in our office that never really meant anything until today: "The wheels of the government move very, very slowly...but they move."

The veterean was S/C for about 3 years, and I feel like sh!t.

Sorry "c2"

Edited April 3, 2009 by Meddac

[tagandbag]

Thank you meddac for your service and integrity and your time to explain all this. I know there isn't any animosity coming from my side of the fence. Peace.

T&B

[Wings]

Meddac, "I have a duty to the veteran in gathering evidence for their claim so I begin my work following the last rating. The personnel file. I see that the veteran has an issue with being young and newly "of age" for buying alcohol. It seems to cause more than one altercation during service with fellow service members. The veteran is ordered to attend alcohol rehab. One night before rehab begins, the veteran goes out on a binge, and upon return they have a near fatal accident involving the veteran, a fellow service member, and a very large parked truck (empty). It was a very serious accident causing considerable injury to the veteran and the other service member (nearly killing the other service member). At the hospital (civilian), the veterans BAC was .192 ... Well over the limit. Twice over and then some. Two hospitals later the veteran is back on station. The veteran was put though physical rehab, ordered once again to alcohol rehab, and Non-Judicial proceedings began. There were no less than 6 recommendations for everything from "Dishonorable Discharge" to "Under Honorable". The veteran, seeing that Courts-Martial was eminent, resigned their commission in lieu of "Administrative Separation for Cause". The resignation was accepted, the veteran was discharged, and given an "Under Honorable".

The veteran made a claim with the VA not hiding what had caused the disabilities, but not even getting close to telling the true facts surrounding the events. The RO inexplicably granted benefits.

NOTES:

Non-judicial Punishment (NJP) falls under Article 15 of the Manual for Courts-Martial, United States, Part V and Article 15, UCMJ (2002.) NJP is not a court-martial. The Commander had the option to prefer charges for a Court-martial, but chose instead to levy an Art 15. The "veteran" in your story would not have seen that "a court martial was imminent". The military Officer, surrendering his resignation was not an admission of guilt. No formal charges never went to trail, so the issue of guilt or innocence was never adjudicated at all. The military had the option of preferring charges to trial by CM, dismissing the officer for misconduct, etc., but did not do this. The type of discharge issued by the military service is final and binding on the Dept of Veterans Affairs.

Seems to me you did a simple "line of duty determination", and adjudicated (decided)

mis-conduct regulations. OK. None of here are priveldged to the evidence in the claims-file.

Let me ask you this: How is this information supposed to help us?

The "veteran" is entitled to DUE PROCESS. Once that lawful procedure is afforded, I may be interested to know the outcome. Until then, your opinion is biased, one sided. ~Wings

Edited April 5, 2009 by Wings

[timetowinarace]

Time

I see that you are attacking me for being inconsistent. I don't think you understand my point in saying "big deal" about there being people who fake their way to benefits. What I mean is that this has been going on for decades. I don't know what ax you have to grind? I say that for every vet who uses fraud to get benefits there are 10 vets who are victims of VA fraud to deny benefits. I don't think I have ever foamed at the mouth about vets using fraud to get benefits as you seem to imply. I know it goes on, but I just don't think it is that big of a deal in the VA system. Fraud against vets is a big deal both in the active duty military and the VA. Many thousands of military were kicked out of the service after Vietnam due to "pre-existing personality disorders" to avoid paying compensation to soldiers with PTSD. That is still going on inside the military today. Now that is fraud on a grand scale. Thousands died from agent orange when the VA fought tooth and nail to deny benefits. There is the real fraud. I had no problem with what Maddoc was saying. I just think we should put in context of the whole VA system where many thousands have to fights for years for deserved benefits. If you have some personal problem with me send me an email and explain yourself.

John,

No, it wasn't a personal attack. I don't think I have a history of that here. I understand yours and the others point about the VA's injustices to veterans. I have suffered from it as well. I also understand that that if Meddac was not a VA employee but just a long standing member of Hadit(such as Berta) and posted his vent to this veteran board about a veteran he was trying to help that turned out to have lied or withheld information and he felt bad about the whole thing, your comments would have been suportive rather than to brush them aside with 'big deal'.

In short, I believe many of the comments and flaming posts(your post was not flaming but others were) are because of the source of the thread and some here are taking an opportunity to attack a VA employee just because he is one. I find it has nothing to do with the actuall facts of his post.

I commented on your post because I beleive if it had been another member, your post would have been worded differently. Not personal.

[Meddac]

//

Edited April 6, 2009 by Meddac

[purple]

Such an odd turn of events...months ago I posted on here that I personally knew of a vet who did this very thing; had a vehivle accident, in a military vehicle while on duty, while drunk, now receiving 100% disability for it, and many folks jumped on me for even suggesting that that vet shouldn't be getting his benefits.........my oh my how times (just a few months?) have changed.

[diablogun]

Meddac,

I for one think your posts are great and hope you continue with such postings. I support the professional way you give information, and learn a lot from it. Please keep doing so even if some here seem to want to take it personally :-)