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]

Nice post and discussion Hollywood doc, Pete and Bronco. Chuckle - - maybe we impart that VA quote 'cannot be fixed' as evidence of concern for fair and equitable treatment. Considering many of us submit excerpts in our compensation claims from their very regulations and medicale rationale - probably we're doing the job for them and ourselves. Maybe the VA can apply correct service connected ratings based correct medical rationale and the information 'we' provide to them from their very own regulations ~!

If there is evidence such as awards, citations, military orders (help establish dates), accident reports, personal family coworker letters, employment records, photographs (personal or depictive may help present your words), pharmacy records, current ER reports (forgot that one myself). Remember Medical Records (unsure about Xrays and lab reports) are kept less than 10 years most places - get em while ya can.

BERTA - excellent processing! Can you show an example letter with attachments or evidence?

THank you

The timing of this news story is uncanny to say the least. VCS has sued the DVA for Due Process. This story sure gives credibility to VCSs' case! My blog was written on the 11th. Now, I'm not saying that the blog has anything to do with it, but VCS is aware of my intent, and it was VCS that heard this from the DVA official via hearing. Hmmmm...

Was any part of my blog introduced into this??? I'm not going to assume that, but could they be feeling the heat of Veterans attempting to rally against the DVA, because we are sick and tired of the bureaucratical BS?

Keep in mind, that there is NO LAW that says that you cannot sue the gov't. for Due process, discrimination, etc.

The clause that the "King can do no Wrong" (Immunity) argument, will not fly here, especially when there are Constitutional issues raised. It is without a doubt, that the "King" will be questioned for his violations, and again, especially when the "King" does it habitually, as if they accept it as law or their way of doing business.

This is why I am stepping to the plate, and intend to hit a Grand Slam!

Cowgirl, in ALL due respect, I don't care if you supply all the information to support any claim that you present...if they deliberately ignore the evidence (albeit Deliberate or Accidental {human error}), or if they lose or even destroy documents (as it was a huge expose not long ago) then what is the purpose? If the DVA is deliberately ignoring claims, then the DVA IS broken.

In order to receive Fair and Equitable treatment; then the DVA must perform the following:

• Quit violating your rights...
  
  
  • The DVA must authorize for proper tests...
    
    
    • The Veteran is afforded an exam (C&P), within a reasonable time, from an experienced, qualified doctor/specialist pertaining to your condition(s)...
      
      
      • The DVA rep must review your records (w/o time constraints {Quota Bonus related})...
        

      [*]The DVA must comprehend what is said (and if there are questions they must ask you to clarify)...

      [*]The DVA will apply proper codes/law, that are fair and just.

      In regard to submitting (as you put it) "excerpts", I interpreted this to be regulation as it is stipulated under Title 38, you shouldn't have to do this. The way it SHOULD be done...

      The Veteran files an SF 4138 form Statement in Support of Claim, and submit any evidence to support statement. The Vet doesn't have to do anything else. The ball is in the DVA court from here on in. If procedural due process is followed, (including SOC/SSOC submittance) after all is ironed out and understood, there should be no problem.

      IF, as we all are witnessing today, the DVA does NOT comply to even their own Regs., then we have what the Federal Times described as UNFIXABLE.

      It IS fixable. My blog just Touches the ways to fix it. Not only through lawsuit, but if they did this on their own. It's obvious though that they don't want to comply...thus, my intent to force them, via Lawsuit.

      Cowgirl...The BOTTOM LINE here is that the DVA Fails Miserably to comply to their own Regs, Federal law, and Constitutional Rights.

      So, with that said, how can submitting regulations, relevant evidence, or any documentation to these people help, when the system is working to disprove your claim via...

      1)lost or destroying records,

      2)ignoring of those same facts (if they weren't lost/destroyed),

      3)doctor misstatements/lies to contradict IMO's,

      4)DVA doctors failure to render proper tests, etc.?

      This is clearly an "Us vs Them" mentality. As long as management has this mindset, or there is any sort of bias, assumptions, or even jealousy (I the VA rep am only getting 10% and this Vet is applying for 50% for the same conditions that I have?) the DVA will remain Broken.

      Today, 3/24, I Revised my Blog by including a method that should be used to change the DVAs' "Business as Usual" mentality. It (#10) states:

      "Doctors conducting C&P exams, should examine Veterans on a de novo basis, so that Veterans are granted a Fair and Just C&P exam, w/o other doctor opinions, which could influence the present examiner. The DVA should ONLY specify what ailment the Veteran is being examined for, and whether it is Service Connected or proximate to."

      de novo means "anew". I suspect (especially with my file spread all over the counter, and the Dr.s' reference to other Dr. opinions), that my April '09 opinion was based primarily on what other opinions were on file. This is wrong, because if other doctors were wrong, then this doctor is going on incorrect opinions. In other words, if you appeal what another doctor had stated, then that appeal is MOOT.

      Additionally, if the doctor has a large case load of Veterans to examine, than I don't know if he/she is just "Copying" what others had said and throwing her own lingo into the mix, to make it appear as a Legit exam.

      I have enough for a book...don't I?!

      Do you see my points? Is this fair and just treatment for Veterans?

      hollywoodnc

[cowgirl]

Sure hollywood doc I see and understand everything you say, hope for. My joy is coming here to Hadit and glancing around the internet - finally achieving whats been due my family and me for too many years. Meaning, I appreciate your focus and go-get-em 'haditude'. From what I read the er, VA standards are inequally applied interpeted or ignored at different VARO's. So, I'm hangin in here for disabled vet and family 'underdogs' that need help until them cows come home.

I have a few veteran associations but none with that you mentioned. Guess it comes down to being one disabled veteran with my entire family still home. With my health and welfare limits sometimes I get to post online in hopes of helping sister and brother veterans.

Myself, at this time I continue to encourage any veteran or family member claiming for disability to use proper forms, know dates, research, submit clear accountable evidence, applicable excerpts of VA/CFR or other regulations, miitary and civilian documentation in hopes to validate an 'award' instead of a denial. I sure want the VA to correctly and quickly process claims in a seriously responsible manner. Doesn't bother me at all to point them or spoon feed em in the right direction. Who knows? the information may help the processor or rater with next disability claim for a swift and correct decision.

Yes, the disability claim process sure needs an professionalism 'overhaul' now with first thing being "respect" for the veteran with disability. Because like me, in poor health, it isnt easy to think straight. So thats where you come in. if you develop a plan for legal action the history at this site can really help shore up the case.(with permission from the poster of course). Also something welldone like that could help untold number of veterans&families. You have a good heart and energy many vets (like me) here need!

Y'all have a good one~!

Edited March 24, 2010 by cowgirl