Claim Evidence Interests

[cowgirl]

a. looking at my last decision NOD/DRO the evidence only lists three items. It referred to orginal claim and two other peices of information I submitted. By the grace of God the claim was decided correctly. Like I can return to the first claim submitted and see exactly what was submitted and what they considered? hmm...not telepathic here.

Caution for people like me who occasionally 'assume' that the VA does use all VA available records - they don't. Or at least it didn't show on the 'evidence'. I've read enough posts and dealt with enough of my claims to know thats true. I cannot validate they use, read or notice anything I submit as evidence for my claim. There has been few times my VA medical/clincal records have shown in 'evidence' - yup, the times I submitted the pages. well, I don't know why.

Additionally, from the time the denied decision, NOD submitted and the long processing wait, several VA medical/clinical records had changed in the MEANWHILE. So it was up to me to bring the processors up to date on all the previously submitted evidence and or submit new evidence even though my records are worked, maintained and accessed by the VA medical center and VARO.

Submitting a claim, getting a decision, affirmed or not-affirmed doesn't lessen the work and follow-thru 'ME' the vet has to do.

A cover page, listing every sheet of paper, every subject matter and date telling the Rater what is being submitted is a good way to go. Tell them what you are going to tell them and tell them again, index by page number. Highlight only pertinent facts that support the medical diagnosis. And if need be, type up a lead statement on every page., delivering this Evidence for Cowgirls claim (increase, service connection, IU, etc) submitted to VA at such&such an address NOD dated xx/xx/xx. May sound paranoid, but to be sure - initial and date the statement in blue ink.

Wishing the best for each and everyone.

Just thinkin'

[hollywoodnc]

You know, I come on this board and see so many frustrated people. There's no reason for these people to by upset and angry. If the system was Fair and Just, we wouldn't be here questioning it, or upset about the way things turn out. I also see how the Veteran has to go Above and Beyond to prove his/her claim. This is WRONG, and it shouldn't be this way either.

We should all walk into the clinics/hospitals for ANY sort of exam, get examined (like you would at a specialist office), and leave knowing that you received the best care, and receive a Fair and Just opinion from a professional.

Is that happening to each and every one of you today???

If it's obvious...YES. If they have to investigate or run additional tests...NO!

I know there are a few of you on here that don't like it when someone like me makes waves. I've played the game now for 35 years and I am not going to sit here and voice my disgust with the VA. I am now taking action.

I've been visiting this board for a few days, discussing plans for a Class Action. I also mentioned that I have a blog, also discussing the same. I know that some of you don't agree and view me as angry, frustrated, etc. But, if you knew my circumstances you'd be supporting me. Instead of judging me on this board Only, take the time to click on hollywoodnc blog, and read it. I also wrote a lengthy post on 3/17, which discusses things in finer detail. Please take the time to view it. If memory serves me right, I think it was Bertha who started the thread, regarding AO can Sue?...or something to that effect.

Some people will advise to do it another way, and that's fine and I am in total support of that. For some people, this works, for others it doesn't. For ME...I reached my Plateau.

Once you the claimant possesses a negative note in your file, it builds from there, because the doctors review your past history. They use the negative connotations in THEIR opinions, and it builds from there. I know...I've seen it done to me.

After 35 years my claims folder is so riddled with crap, you have no chance of getting any sort of increase. You are viewed as a fictitious claimant, even if you possess outside opinions.

It doesn't mean that I filed fraudulent claims since the '70's, it means that you MUST make corrections as soon as you discover them in your file. Leave them in, and later on you are screwed.

If I new then, what I know now, I wouldn't be in the predicament that I am in.

Now, I have to take drastic measures to receive what I was entitled to as far back as 1976, addressing multiple due process issues, and old FTCA issue, Medical Malpractice, my back, an underrating claim since '76, misleading statements, inaccurate diagnosis, etc.

It's obvious that the VA can't even handle simple issues, based on their quota bonus agenda, so complex claims get sidelined, or pertinent issues and/or material facts are ignored.

These are truly becoming more severe with each passing day. I sincerely feel bad when the troops return home...wait and see how bogged the VA will be then.

The VA is doing virtually NOTHING to speed up the claims process. True, they supposedly hired more people, but where are these people going to work? The VA is so cluttered that there's virtually no room for people to sit or equipment to use. In 2002, I had to wait 1 week for a desk, and 3 weeks for a computer!

The bottom Line...

The VA is incapable of even running an abortion clinic, they're disorganized, disoriented, illogical and stupid.

[chr49]

I use Pete53 suggestion...

I started using the header (or footer) for my name & claim number when I filed my last claim. You can print off blanks for copying & scanning items. Works great

[cowgirl]

I have recieved fair decisions, 'by the grace of God go I' and have been blessed by other veterans bittersweet success or efforts working thier disability claim, then humbly posting catastrophies, unimaginable years of struggles and meek existence for a meager restitution for altered health effects of honorable military service.

My VA care is good, sometimes exceptional but rarely so. Most providers and clinicians mean well but are undertrained - understaffed or burnt out. There are 'envious' vets working at the VA who reflect that in attitude - as well as staunch brother&sister vets covering my back as well.

Tbird Pete, Berta, Carlie, Jbasser Wings Ricky Bronco Stretch Pete999 akwidow navydoc.....Joespehine and everyone !.... Thank you. Because of you I continue to use the VA and it's services - knowing the VA' s only got to get better with use~!

I don't feel like a lawsuit is a solution for me - but participating in the here and now keeps 'em on their toes!

When the evidence is signed by a doctor, profession title, professional supported opinion and the claim has all the possible details that a vet can get to show health impairment due to service - a claim should be considred not dinked around, delayed and toyed with.

The evidence needs to be clear, in elementary wording whenever possible and probaly assigned a control number for each item like 'court trial evidence' - if I have to accountable to tell em what I need in accordance with the regulations - the handlers should be held accountable for the valuable information I entrust them to make a proper decision with.

Cg'ho (cowgirl humble opinion)

[*Bergie*]

a. looking at my last decision NOD/DRO the evidence only lists three items. It referred to orginal claim and two other peices of information I submitted. By the grace of God the claim was decided correctly. Like I can return to the first claim submitted and see exactly what was submitted and what they considered? hmm...not telepathic here.

Caution for people like me who occasionally 'assume' that the VA does use all VA available records - they don't. Or at least it didn't show on the 'evidence'. I've read enough posts and dealt with enough of my claims to know thats true. I cannot validate they use, read or notice anything I submit as evidence for my claim. There has been few times my VA medical/clincal records have shown in 'evidence' - yup, the times I submitted the pages. well, I don't know why.

Additionally, from the time the denied decision, NOD submitted and the long processing wait, several VA medical/clinical records had changed in the MEANWHILE. So it was up to me to bring the processors up to date on all the previously submitted evidence and or submit new evidence even though my records are worked, maintained and accessed by the VA medical center and VARO.

Submitting a claim, getting a decision, affirmed or not-affirmed doesn't lessen the work and follow-thru 'ME' the vet has to do.

A cover page, listing every sheet of paper, every subject matter and date telling the Rater what is being submitted is a good way to go. Tell them what you are going to tell them and tell them again, index by page number. Highlight only pertinent facts that support the medical diagnosis. And if need be, type up a lead statement on every page., delivering this Evidence for Cowgirls claim (increase, service connection, IU, etc) submitted to VA at such&such an address NOD dated xx/xx/xx. May sound paranoid, but to be sure - initial and date the statement in blue ink.

Wishing the best for each and everyone.

Just thinkin'

Cowgirl,

This was an excellent post, it brought out several suggestions by others on ways to prepare a claim/NOD. I think this post should be placed in a claims research repository. I think this could help many vets in preparing their claims.

Well done,

Bergie

Bergie

[Berta]

Cowgirl said:

"The evidence needs to be clear, in elementary wording whenever possible and probaly assigned a control number for each item like 'court trial evidence' - if I have to accountable to tell em what I need in accordance with the regulations - the handlers should be held accountable for the valuable information I entrust them to make a proper decision with."

YEAH! Wouldn't this make it easier!!! All they have to do is either keep the format we use when we submit evidence-or mark evidence as Exhibits or whatever with a control number for each piece of evidence.

I worked for lawyers for 7 years guess that is why I mark my evidence as Exhibit A,B, C, D etc when I send it to them and then I always enclose an Exhibit List.Which is the same thing as Evidence list.

Then again- no matter how I listed my evidence it was ignored by the Buffalo RO for 7 years.Until the BVA read it.

They did read my FTCA evidence-regarding my recent award- but only because I took that matter to the OGC -with an Exhibit list.

They could not ignore the letter they got from the OGC.

The VCAA was supposed to enhance our ability to know exactly what evidence VA needed and then to send it to them.

There should definitely be an accountability regarding every thing we send to them.

It amazes me that C & P exam results never get lost,misplaced or destroyed-yet the very thing we need -evidence to combat a negative C & P report- can be ignored endlessly-until the claim gets to the BVA.

Edited March 20, 2010 by Berta

[vmo]

Two of the neurologists (used 5) I used--their names were spelled with just two different letters. One was Sirian descent, the other from Bosnia. The VA sure had fun scrambling their names/records like: scrambled eggs in my Statement of the Case. Also, they referred to our much discussed "Dr. Bash" as Dr. Nash. Really, there is a Dr. Nash that practices not far from me. You bet, I am not even going to attempt using a statement from him. ***Negative C & P Exam reports?? The VA neurologist stated my spinal condition as "congenital". The VARO ignored my 5-neurologists statements that it was not congenital. The BVA read the neurology reports I submitted that the VARO ignored------and granted service connection.