A Bva Case That Would Make Anyone Want To Run

[carlie]

http://www4.va.gov/vetapp09/files2/0915238.txt

Citation Nr: 0915238

Decision Date: 04/23/09 Archive Date: 04/29/09

DOCKET NO. 07-13 249 ) DATE

)

)

On appeal from the

Department of Veterans Affairs Regional Office in No. Little

Rock, Arkansas

THE ISSUES

1. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

nerve and muscle damage due to surgery, right groin (to

include right pelvic/hip damage causing the right side to be

shorter than the left).

2. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for root

canal problems (to include gum disease with loss of teeth).

3. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

fibromyalgia (to include body wide sickness and nausea

secondary to dental work and extreme fatigue).

4. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

depression.

5. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

insomnia.

6. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for neck

problems (claimed as neck problems with bone spurring to

include bad headaches).

7. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for back

problems, claimed as scoliosis in the spine (to include lower

back damage (injury)).

8. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

chronic ear problems (claimed as hole punctured and eardrum).

9. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

anemia.

10. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

vision problems (to include an eye condition).

11. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

hearing loss.

12. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

impairment, right knee.

13. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

right foot condition.

14. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for a

head condition.

15. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

carpal tunnel syndrome, right (also claimed as paralysis of

medial nerve).

16. Whether new and material evidence has been received to

reopen a claim for entitlement to service connection for

carpal tunnel syndrome, left (also claimed as paralysis of

medial nerve).

17. Entitlement to service connection for left knee

condition.

18. Entitlement to service connection for left foot

condition.

19. Entitlement to service connection for hepatitis.

20. Entitlement to service connection for cystic fibrosis.

21. Entitlement to a compensable disability rating for

inguinal hernia, right, postoperative.

22. Entitlement to a disability rating greater than 10

percent for scar, right inguinal hernia repair.

[Pete53]

My advice to any Veteran who has a claim that is stuck in VA Quagmire is to REQUEST A hEARING AND AT LEAST FACE THE RATER FACE TO FACE.

[vaf]

On a related note, one can have fewer than twenty something issues, but leaving the VA to its own self-created and maintained claims processing machinations, we have an appeal that's been remanded by the Board no fewer than FIVE TIMES, and still remains pending... How's that for clogging up the system? 16 years since we filed the first Board appeal.

I don't fault a veteran for doing whatever he or she thinks is necessary given their own abilities. Most of us have had plenty of reasons handed to us as to why we shouldn't trust a VSO with our claims. She might have been doing the best she knew how to do. My benefit of the doubt goes to her, for what it's worth.

It's funny to see how some of us would term her claims frivolous and taking up space for more legitimate claims -- like our own, I'm sure. Sorry, I don't go along with that line of thought.

[myround0]

Until the VA comes out and starts doing something that FAVORS THE VETERAN, LIKE REVIEWING THE RECORDS, AND BOOSTING THE VETS BENNIES, WITHOUT HAVING TO SUBMIT A CLAIM, it is hard for me to sit back and watch the VA bash a Veteran. I have a tough time doing that given the VA's terrible past and over 1,000,000 claims backlog and in some cases over ten year waiting period. Once you guys start working around the clock, 12 to 16 hour shifts, pounding out your claims, and you can work 12 to 16 hours, because most GS workers are salaried. Once you start holding up your end of the bargain, then you may find veterans being more sympathetic in their claims. But, to just flat out, out a Veteran, in hopes of some relief, won't work. The VA, an agency who was created to help us, and you get paid doing it, leaks a post, in my opinion, to try and turn us on each other, won't happen. I am a reasonable man, and find three years a relativity short time to incur 29 disorders, however, with three years of records it shouldn't take the VA long to obtain her records, review and make a determination on her case. Not just review and make a determination, but make an accurate assessment, and not one of those, deny 29 times, and hopes she goes away. If she makes 29 claims review and see what is in her case. Maybe only 8 items are in her case, well, give her a rating on the 8 things in her case. But, I can't blame the Vet.

The big picture is this, the VA has stiff armed us for years. Now it is coming to light and they are running for the hills. The thing that needs to happen is fire, my bad, I am a retired Senior NCO, we don't fire we Rehabilitate personnel. To rehabilitate means use whatever tools necessary to get ones attention and exact a change, to include firing. But, the VA needs to rehabilitate some personnel, and once the VA workforce sees change happening around them they will all comply. The problem is not the customer, (The Veteran), so please do not shift it. The VA built this well deep, deep, deep, for themselves, scapegoating a Vet, will not get you out of it.

I just want to close with this. If the VA really felt it owes us, then go on 12 to 16 hour shifts for a month or so, and knock down this backlog. Once you do that, for a couple of years, maybe then the Veterans who have spent many days working past 12 hours will see you are really making an effort. But, just talking about a backlog of over 1,000,000 case, due to increase, just talking about getting claims process quicker, just talking about well developed cases taking far fewer days to process, review, and rate is just lip service. SHOW US SOME LOVE, AND AT SOME POINT MAYBE WE VETERANS WILL SHOW YOU SOME BACK.

I will continue to read this post, But, I think I am done, since I have shown everyone where my allegiance reside

Edited February 19, 2010 by myround0

[LarryJ]

Heck - a vet can have just a few days of active duty, suffer

a TBI in basic training - and their whole life goes down the toilet.

The amount of time served has nothing to do with the amount of disability.

The whole point of this is this vet represented herself and had no idea

what she was doing.

She spent years just spinning her wheels, while her car stayed in place

sitting on cinder blocks.

jmho,

carlie

My point, entirely. She filed 29 claims (I didn't even look to see how long her service was) and was denied, each and every one of them. And, by-the-way, I was NOT "bashing" the veteran (for your information and as a matter of reference, you can be assured that I, me, moi, spent a nice leisurely time being ping-ponged back and forth between my Regional Office, the BVA, the AMC, the Regional Office, yada, yada, so you ain't talkin' to no virgin here, okay). And, since that time, I have dedicated almost every waking hour that I have, to trying to help fellow veterans in their STRUGGLE with a recalcitrant VA system. So, back to the veteran in question: She filed 22 claims to re-open the denied claims, and, to re-open you must have NEW and MATERIAL evidence. She had none. She offered none. She wasted the VA's time. This time could have been spent making a decision on SEVERAL OTHER claims. She should NOT have done this. She may very well have very GOOD claims. She may very well HAVE HAD 29 good claims. She may very well been shafted by the VA, over and over again. She needed help. She got none. May have been someone else's fault that she did not get any help. But, the fact remains, she should not have filed to re-open WITHOUT the necessary tools.

Plain.

And simple.

[MDB1968NM]

Sorry for lack of participation here folks but life has tossed a few curves at me recently.....This thread (now that I have some time to devote to these issues ) really got me TICKED off...not at ANYONE here whatsoever, but this REALLY got me upset....

Carlie stated:

Heck - a vet can have just a few days of active duty, suffer a TBI in basic training - and their whole life goes down the toilet.

To Carlie...

I agree with you MORE than 100%!!!!!  I am currently trying to help someone (young airman) who I believe may have been "tossed by the wayside" because of only being in the service for a little over two years.  I will take this to the GRAVE when I say this....ANYONE, and I repeat ANYONE, who serves this country in the armed services is a VETERAN....period dot.  99% of the nation has never had to write a blank check with their lives to defend the freedoms WE ALL enjoy in this country.  

LarryJ stated:

..... And, since that time, I have dedicated almost every waking hour that I have, to trying to help fellow veterans in their STRUGGLE with a recalcitrant VA system.....

To LarryJ...

I have "lurked" on this site for a bit and I am a relative "newbie" with regards to the VA/disability/claims/veteran's issues.  What I have seen since you posted your "letter" a while back to help Veterans is that you are a NO BS type of person and truly care about your fellow vets.  I thank you for this and I am glad that some people will be well served by your continued service!!!!

My thoughts...

Now my 2.5 cents.  I do not know the individual or the intimate details of her claim, I too am a "reasonable man" and find that just appealing her case WITHOUT offering ANY new information is a travesty.  As mentioned previously here, it is a waste of time to have to go through this while other veterans could be having their issues worked.

If this was INDEED a "shotgun" w/o any new information, it was wrong.  However, I do not know the individual NOR do I know the circumstances surrounding the appeal (aside from the link and the info in the thread).  I can not pass judgment without knowing ALL the facts....nor should anyone else for that matter.  Perhaps there were issues that we (folks here in this thread) do not know about.

The issue that LarryJ brought up, is the KEY to this "discussion".  The individual did NOT provide ANY information (that I have seen) that would have warranted an appeal.  If that is indeed the case, and again I do not know, then it is simply a travesty that time had to be spent on the subject.  This "waste of time/resources" could and SHOULD have been spent addressing issues that veterans do have...NOT simply a "let's see what I can get".

One last thought to ponder, as Carlie mentioned time in service (in this case about 3 years) MAY not be a good indicator of an individual's medical problems.  A TBI could cause a litany of problems associated with a single incident that might have NUMEROUS claims. (This is a generic statement that does not relate to this BVA issue, but more of a general comment).

[Pete53]

I try not to Judge claims by Veterans I feel that is the VA's job. I think anyone who served has the right to make any claim that they want provided that the rules and regs are followed. As far as clogging up the whole system I think the reason the system is clogged up is cause the VA has poorly trained and unmotivated workers and any good one who works for VA gets burned out pretty quick and that includes VSO;s