Understanding The Written Language

[Guest Jim S.]

I think we should have a topic for ragging the different VARO's Offices and SO's out thier.

I just got a copy of the memo my DAV SO sent to the VARO and it appears he can not read any better than the VARO. They both are still working on the claim I asked to be withdrawn, so I could submit a claim for CUE on the two original claims back in 1974 and 1979. Their is nother requesting a review of CUE for the claim submited in April of 2004, that was was withdrawn. Yet they went ahead and rule on it as a claim to reopen with new and material evidence and denied it as having nothing new or material to reopen.

Now my SO is asking that they acquire my SSDI claim file to see if CUE was made in my 2004 claim for failure to have these files prior to their ruling on the april 2004 claim. It may have been CUE that they didn't have them, they cirtainly knew they exisisted, but I am not sure they are probative to make their decision any different, I guess since they accepted my VAMC records as proof of my disability maybe I am partly wrong.

But the following makes no since why they would work my claim this way.

THIS IS AN EXAMPLE OF MY COVER PAGE:

STATEMENT IN SUPPORT OF CLAIM

FOR CLEAR AND UNMISTAKABLE ERROR

IN ORIGINAL CLAIM

DATED

NOVEMBER, 1974

AND REOPENED CLAIM

DATED

JANUARY, 1979

How they can confuse this with a claim in 2004, I wonder who taught them the english language and how they were ever able to get a Bachelors degree.

You feel like standing behing them with a fly swatter or something bigger and swat them everytime they made a mistake in what they are reading and what they understand it mean.

I'm going to have to go down on Monday and take my Copy of my claim and see if I can get it across to my SO what my CUE claim is about and if I can't, I am going to have to revoke his PA and then go to the VARO and try to walk them through it.

It's almost as if they intentionally act deaf and dumb to the Veterans' claims and the evidence that supports their point of contention.

I would like to hear from someone at the VARO what they think a sympathetic reading of the Veterans claim is.

AAAARGGG!!! B)

Edited September 17, 2005 by Jim S.

[wallyg]

Reopened is spelled incorrectly. If you want to talk about other peoples' reading ability. you'd better get your spelling right.

[JR Reihs]

I think the VA adjuticator's are going to the same training as OWCP examiners.

Most do not read or care and if they find something it is ignored or worse , removed or as goverment jargen goes( misplaced), usualy in another file.

These are just 2 diffrent agency's preforming simular task with the same goal, to screw the injured, regardless of the rule's and law in which they were created.

[Guest Jim S.]

Correction noted, I didn't claim ever to be an english guru or anything, but you would expect someone who must have a bachelors degree for a job, should have a better understanding of the english language, even if their are a few mispelled words.

I may have had an extra D in their, but considering I take about 22 pills each and every day and more if I am feeling more pain than ususal. Of course I shouldn't forget the oxygen source I have to be hooked up to 24/7. What is their excuse.

Besides, If they cannot make out a mispelled word and what it means, what is keeping them from calling, to clarify what the word is. How many times has a Vet been called in to clarify what they ment by an occational mispelled word?

[wallyg]

Jim

I'm not getting on you, we all make mistakes and typos. Just that "he that is without error, can cast the first stone".

You wouldn't believe how many mistakes I have to correct, and I take 30+ a day, although many are vitamins and supplements. B)

Edited September 17, 2005 by wallyg

[Guest Jim S.]

their was no offense taken by what you pointed out. I was trying to make a point that those who have the schooling and training to obtain these jobs should at least understand what they are reading in a claim.

They are their to help us get what is rightfully ours and not to seemingly go out of their way to prove our claim wrong.

As most have seen over and over again, why is it our claims are denied because our IMO from specialist's and Dr.'s are taken over the VARO examiner's of lesser qualification and/or from different specialties. Why is the Dr's and specialist from any of the Branches of service having their findings questioned over and over again or told outright that they don't know what they are diagnosing, by countering with their own examiner who spends maybe as much as a half hour, if that, to say you have something totaly different and not SC or giving you such a low ball percentage when it is clearly shows you are a 100% or should have at least considered IU. Instead they waist your time and money to submit more evidence that is not considered more and the same to show that you should have been given 100 % in the first place.

How can the same diagnosis from two completely differenct Dr's be considered as evidence of more of the same and not as evidence supporting your diagnosis.

I'm ragging again and shouldn't be using up valuable space in this subject for claims questions. I just don't understand how they can mistake what my cover page clealy states, that I was questioning prior claims for errors, certainly not the one I withdrew and they went ahead and ruled on it anyway.

Enough said, I won't bother you with anymore of my rage induced blithering commentary.

Appoligies to anyone I may have offended.

Jim S.

[wallyg]

Jim

That is what the board is for, a good place to let go and rant a little. The VA is enough to make anybody rant.

The one thing that everybody must learn over time, is that the VA hires many people, who can't qualify for anything better. Some of the employees are very good, but many are basically incompetent.

Since very few of the most recent graduates at any level are used to reading, having grown up with their head stuck in the TV, to expect them to be able to read and understand any English above 9th grade level is futile.

Often, the only way you can get somebody, with a little knowledge and ability to read, to review your file, is to go the DRO route. Unfortunately for those of us in the Philippines, there are very few DRO's at Manila VARO, I think only two, and one is the SCM (an a**hole) and the other a Pilipino PhD, who has been there much too long, and tries to make out he is an MD.

I have found that when you get an IMO, it is usually necessary to take the doctor's letter, and rewrite it to a lower grade level, and with fewer technical terms. That is where having someone like Dr. Bash do it is an advantage, since he understands the VA so well.

Pilipino doctors use of English varies from poor to excellent, but I almost always have to suggest changes in their original letters.

Years of exoerience with the VA will show you that irrespective of what the rules and regulations and manuals say, the VA is there to deny, delay and obfuscate. As many have said before, PERSISTENCE is the only way to overcome their BS.