diabetes How To Enforce A Bva Decision.

[jamescripps2]

I am a Vietnam era US Army Veteran. In October, 2005, I filed a claim with the VARO in Nashville Tennessee for several diseases associated with my Agent Orange exposure during my military service,1967-1970. My claim was denied at the VARO so I appealed to the BVA in Washington DC. The VARO had also denied me a C&P exam, although I had asked for the C&P exam, in writing, many times. I have never been afforded a C&P exam.

.

On November 2, 2009, The BVA rendered a partial grant. Despite being denied access to a C&P exam and based upon my overwhelming evidence I was granted service connection for type II diabetes and chloracne as due to herbicide exposure. Coronary artery disease was also granted as a residual of the diabetes. (BVA decision here) http://www4.va.gov/vetapp09/files5/0941553.txt

Three issues on the appeal, peripheral neuropathy, a hand and foot fungus, and ED were remanded back to the VARO, via the Appeals Management Center. The remand directs that a C&P be preformed and that the claim be re-adjudicated.

The AMC remanded my claim back to the VARO. The BVA decision also ordered that the claim be given expeditious treatment. The BVA’s order for the C&P exam was ignored by the VARO and no exam was ordered. My file was sent back to the AMC by the VARO on March 26, 2010, with no C&P exam having been ordered or performed. There was also no re-adjudication at the VARO as ordered by the BVA. Due to ineptness of the VARO my claim will once again be in limbo for a long time due to the backlog. When the matter finally does come up for consideration it will again be remanded back to the VARO for lack of a proper C&P exam.

My wife and I have been forced to survive on my small Social Security Disability check for more than thirteen years now. It required more than four years to get a favorable decision at the BVA level. The financial strain has been tremendous. The VA has even garnished my SSD check for medication co-pays that I can’t afford to pay. The numerous medications, ( fifteen per month), are for the granted conditions, now proven to be service connected disabilities. We exist off of the Vietnam Veterans of America food program. I have asked the VA to separate the granted issues from the remanded issues and to please give me a rating decision on the granted issues. After five months, I still do not have a rating decision.

I have talked official at the Nashville VARO. They admit that the remand order was not followed and that I should have been allowed a proper C&P exam as ordered by the BVA. They also say that although they sympathize with me, there is nothing that the VARO can do to correct the mistake or to right the wrong that may cost me another year or more in poverty.

I am proud of my honorable military service, but I am ashamed of the VA whose employees are not held accountable for accuracy and proper handling of the veterans claims for the honorable veterans who have served this country! Any ideas as to how to resolve this matter would be appreciated. What are my options and where do I go from here?

[Testvet]

go back to the news media and tell them how the VARO is treating you they did tell your story that helped push the VA into what action they did take they hate publicity or if you have a good congressman or senator I would say call them if they are useless having a congressional will not help your case only if they will actually push the VA their are congressionals and then there are effective congressionals

[Vync]

While at the VAMC today, I saw they had a comment card box full of cards. I filled one out to accurately describe my experiences today while I was there. They need to do this for the VARO's too, but I like TestVet's idea too.

[jamescripps2]

Thanks for your input Testvet.

A congressional is useless. It is posible to entice the media on this issue, but when it only involves one veteran's benefits it is hard to do. I do suspect that retrobution for earilier media contact has a bearing on my claim now and is now playing itself out. If I had to do it all again I would do the same thing, as you say, that is how I got the VA to consider the evidence and render the favorable decision according to that overwhelming evidence.

[jamescripps2]

While at the VAMC today, I saw they had a comment card box full of cards. I filled one out to accurately describe my experiences today while I was there. They need to do this for the VARO's too, but I like TestVet's idea too.

Vync, the problem with your idea is that nobody makes a comment box that big, and even if they did, where would you get that many comment cards?

[Berta]

James-this is utterly unconscionable.

"I have talked official at the Nashville VARO. They admit that the remand order was not followed and that I should have been allowed a proper C&P exam as ordered by the BVA. They also say that although they sympathize with me, there is nothing that the VARO can do to correct the mistake or to right the wrong that may cost me another year or more in poverty."

"My file was sent back to the AMC by the VARO on March 26, 2010, with no C&P exam having been ordered or performed. There was also no re-adjudication at the VARO as ordered by the BVA."

You can ask them to CUE themselves on the last statement you got from them (if you got Anything since the BVA remand).

You need something in writng to do this.

I suggest you send in an IRIS request that is worded to generate them to state in the response that the claim is at the AMC. Because I get impression that they did not contact you since they got the remand with anything on paper...? Something to show that the claim went to the AMC without a C & P exam.

If you can get them to document that the claim is at the AMC (and NO C & P was done obviously)askong them to CUE themselves on the transfer to the AMC might bring some faster results about.

You could also file a Writ of Mandamus with the CAVC -copy to the VARO-and this might get their thumbs out of their butts.CAVC almost always denies writ of mandamus but it does call attention to the claim.

"It is posible to entice the media on this issue, but when it only involves one veteran's benefits it is hard to do"

The reality is I believe they are pulling this crap on MANY.

I got a full award in April 2009 from the BVA.

They (the VARO) didn't want to pay me- only during the last 4 weeks is the monetary stuff being resolved.

I had to fight another battle to get that.

"They also say that although they sympathize with me, there is nothing that the VARO can do to correct the mistake or to right the wrong that may cost me another year or more in poverty."

The Hell there isn't- they can do their jobs!

I have asked VA to CUE themselves many times- which got a much faster response in each case -then I thought-and no need for a NOD to be filed.

They committed a major legal error here by failing to follow the remand n your case.

"What are my options and where do I go from here? "

Contact the press ( Like Philpott etc- any editors who are published on the net)-

Contact Office of Communications VA (I will find their number for you)and also send a written complaint

File the Mandamus writ and send copy to the VARO director

Definitely ask them to CUE themselves on the illegal AMC transfer.

Contact the H VAC - Sub Committee investigations Oversight and ask to send them written testimony on all this

Call the OGC and ask for a claims lawyer and see if he or she has any suggestion.

Of all these options-all of which I certainly have persued over over the years-except I didnt go to the press (but my story certainly is Googleable) yet found it was effective to let VA know the media was one of my options.I let the VA know that Katy Couric's people called me to get on their VA Backlog show on the VA last year but this could not be done before airtime-they couldn't send a crew up here into the boonies in time and I could not get to their closest studio in NY in time.

I think asking them to CUE themselves on the lack of proper C & P and failure to satisfy the BVA remand will work the fastest.

I will try to find the exact citations you need and get back to you if you use this tactic.

What position did that VA Official hold that you mentioned from your VARO?

A VA "Official" denied me a benefit due me under the REPS program this past Tuesday.He said I would get his VA denial letter in May.

I know the REPS regs in and out and his reason for denial was ludicrous-it was because he couldn't read some data from the SSA.

I contacted another VA 'Official' (his boss)at VA in ST Louis as soon as I hung up from him-where this benefit is handled. and the next day-

his VA boss told me there was no way I could have been denied and that he would look into it. Wednesday afternoon the supervisor called me and said my award letter and the check will come in May.

We are dealing with individuals at these VAROs who don't know diddly squat.The key is finding the right official who DOES know diddly squat.

Obviously if the official you spoke to -was their director-you have to go over his or her head.

Let me try to find some contact info that might help you-

Edited April 2, 2010 by Berta

[stillhere]

james you also might try to write out your financial condition and ask for a expidited award for what the VA has granted you so far.

You can also once you become rated over 50% go to the VAMC elegibilty office and request reimbursement of the co-pay money for your SC medications.