Help I've Never Heard Of This One Before

[mac mcqueen]

:P I called today my rep who has been tracking my clain in for about 5 months now for what started out to be a increase in the left knee from 10% to whatever due to lose of motion due to three seperat surgries and convelance for both the last knee surgery and the spinal fusion. Simple claim I thought, Now my rep calls today and said that my claim had been sent to Nashville Tenn. to quality control outside of region. She stated she had never delt with this one and would get back to me but it looked like it could take up to two more months before they even get it back to the arkansas rating officer. Any one ever delt with this before.

[Berta]

A local vet I helped whose claim had been in the system for years was told at the last minute (we knew a favorable decision was pending-that is it better be favorable and it was)

that his claim was getting a STAR review. I thought the vet would go ballistic when he learned he would have a longer wait.

Fortunately it only took about 3 weeks for the STAR review and he got his award letter.

Then again that was before the incredible influx of claims from OIF OEF vfeterans.

I think the STAR program is a good idea only because I think STAR reviewed and approved claims can never be re-opened by VA cueing themselves as to the award.

[mac mcqueen]

I hpe your right, I seem to be getting worse by the day and If something doesn't square around then I'm going to be dealing with some heavy pain for a while. Until every thing squares around I have to keep working until it does. I still have them wonderful things called children and they don't understand. I'll keep pluging along, thanks for the infor Berta and I continue to watch look and listen to the imformation here on the forum. lots of great ideas. When I'm able to sit more then I'll be able to learn even more.

Mac

[broncovet]

I think James is largely right, but I would add that I really have came to doubt that the VA is always acting in Vetrans best interest. My claim was "farmed out" to at least 3 RO's, and I guarntee you it did not expidite my claim. Of course, we dont know if your claim was "farmed out" or "STAR'd out". It is clear there are at least 5 things the VA can do with your claim.

1. Delay it by sending it back for more information, (More C &P's, etc)

2. Deny it all together.

3. Punt and ship it off to another RO, and make it their problem. (Farm it out)

4. STAR it, and get it out of your hair into someone elses.

5. Approve it.

Especially if it is one of the "large retros" (over 10 years or over $250,000 retro), I dont think rating specialists really like to have dozens of these in their "portfolio", since mgmt would probably want to know why so many large retro's. On the other hand, mgmt would not think twice about a rating specialist who had dozens of denials, they would think he was just doing a good job.

The bottom line is that your claim is delayed, and it does not look so bad on your RO, because they sent it somewhere else, and they can blame them. In theory, farming out claims from the very busy RO's to the not very busy RO's should make claims go faster. However, as James pointed out they wind up farming out the most complex cases, and it seems to me that they just get passed around like a hot potatoe. When my claim was farmed out, it was farmed out for development only, and the other RO would not make a decision, but instead "gathered information" and sent it back to the AOJ for a decision. From my standpoint its ring around the rosie catch 22...and 7 years of delays which cost me my home.

[shag]

iI'm all for Quality Control, but it would be nice if the vetern was notified that this is happening, but we are left in the dark most of the time. I'm not in as bad as some verterns are on needing the money they are owed, but if I was sitting here and it meant the difference of paying the electric bill or food as it is with some people then it would be a major thing to know. I was just concerned that I hadn't heard anything. There always needs to be a checks and balance system to keep thing fair, but I believe that sometimes after we have sacrificed everything to our country, we are just left in the dark and to the average citizen out there we are quickly forgotton once we have become too old to no longer provide a service to them. Most of us could have went into the civilian sector and made far more money and probably more retirment than we get and then we seem to get jacked around everytime we try to get a few dollars for a justified reason. Sorry to get so long winded but I just get up set when I see whar happems to so many veterns that gave their entire lifes blood to protect the country. It doesn't mater what the job was we just followed the orders of those above us and then we gave up family events because service before self. We still have our pride though, after most C/P exams we don't have much dignity left. Thanks for all the anwsers to my questions, I salute anyone who gave what they had of their lives to make it so that people of this country can say and do as they wish. I sometimes wish they would make a law that everyone should have to serve at least two years in the military. I know that some of you disagree, but then if they did maybe they would have alittle more respect for the people who gave all of our lives for the country. Hold your heads high, it wouldn't be America if it wasn't for us. MSgt Retired United States Air Force

[mac mcqueen]

Berta if I understand you correct a STAR can ever be reviewed or reopened agianthats interesting I didn't know that

[JamesBreckenridge]

Berta if I understand you correct a STAR can ever be reviewed or reopened agianthats interesting I didn't know that

This is a perfect example of what I was talking about in another thread... I don't want to say one thing, only to have it be interpreted as something different. :P

ANYTHING can be "reopened" if there's new and material evidence. For example say you get denied because we either don't have your service medical records, or don't have the ones from the particular time or place that would establish service connection. You would be denied (and rightly so). Even if STAR reviews the case, they're going to say "Yes, this is a good denial," and the station will pass their quality for that month.

But say your service medical records show up. Even though STAR may have reviewed the previous denial, it's a whole new ballgame now. After all, now we have service medical records to consider, where before we had none. That case gets reopened.

The rater can rebut a quality ding from either Local or STAR quality. It's hard to do, but it can be done, and they have to agree with your rebuttal. Of course, the BVA and CAVC can lawyer their way around anything, up to and including the regulations themselves, which is why Nehmer-class vets can be paid prior to the effective date of a law change, so you know that a STAR review isn't going to present much more than a speed bump to them.

Edited January 3, 2010 by JamesBreckenridge