carlie Posted April 15, 2010 Share Posted April 15, 2010 A new member at Hadit posted something about his VSO telling him there was a new law that went into effect April 1, 2010. He gave me the contact email address to this VSO. I sent the VSO the following email. She was good enough to respond to my email - but in my opinion she was not able to provide any supportive information on this supposed "new law". I sure hope this new Hadit member keeps learning and keeps a good eye on what his VSO decides to do - or not do, with his claim. I feel her reply adds nothing "new" at all. I feel her first two sentences are BS. I would like some opinions on this if you feel so inclined. Thanks, carlie -Original Message----- From: carlieaol.com [mailto:carliel.com] Sent: Wednesday, April 14, 2010 7:56 PM To: XXXXX Subject: New law in effect April 1, 2010 Hello, My name is XXXXXX, I'm a 60 percent service connected disabled veteran and I live in Florida. Another veteran I've been speaking with referred me to you. He's told me you said there is a new law that went into effect on 1 April 2010 that states the VA will now have to pay more attention to your doctor then the QTC. Can you please provide me with a reference to this new law as I am unfamiliar with it. Is it a change in the CFR's or new instruction in M21-1MR or what. I am very interested in finding out more about exactly what and where this can be found. I appreciate your help on this. Carlie XXXXX She replied with : From: XXXXXXXXXXXXXXXX@va.gov> Subject: RE: New law in effect April 1, 2010 Date: April 15, 2010 6:53:12 AM EDT To: Carlie XXXX <carlie.com> First of all the BVA has always went with your doctor not a doctor that has seen you for 45 minutes or less. A doctor that treats you for 2 or more years holds more weight than a doctor that sees you for a few minutes. The law has been on the books for years the VA has ignored the laws. Now the VA is being held to the standards. The M21 is not law it is a convenience for the VA to use while they are rating. The law is the 38 C.F.R. Federal Regulations with the Statutes the VA is bound by. The Secretary of the VA is bound by the laws and upholds these laws and the VA must upholds them as well. We use the laws, rules and regulations daily. The VA is going to uphold the law. Some of the VA are already using the standard of using the doctors statements and examinations over the C&P or QTC's as being more comtemporous examinations so your VARO will be coming around soon I am sure. The VA's are transitioning. The electronic system is suppose to be online by fall so change is on the way. Link to comment Share on other sites More sharing options...
blanco63 Posted April 15, 2010 Share Posted April 15, 2010 I do not know about any new law but I believe that my VARO already does this, well, at least in two of my claims. When the VA's physician asst(C and P) and raters denied two of my increases, my private doctor sent in letters and I got my increases shortly thereafter. Anyway, it would be great if there were actually a law to make all VARO's do this. Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted April 15, 2010 Content Curator/HadIt.com Elder Share Posted April 15, 2010 I think the part where they said "The VA is going to uphold the law" was rather humorous. Note to self: Get all claims completed before the new electronic system goes online. Link to comment Share on other sites More sharing options...
carlie Posted April 15, 2010 Author Share Posted April 15, 2010 I do not know about any new law but I believe that my VARO already does this, well, at least in two of my claims. When the VA's physician asst(C and P) and raters denied two of my increases, my private doctor sent in letters and I got my increases shortly thereafter. Anyway, it would be great if there were actually a law to make all VARO's do this. blanco, Most likely, the letters from your private doctor contained adequate medical evidence and rationale to support your claim for an increase and the "VA's physician asst(C and P)", did not. I am sure glad you got the increase granted. I am actually seeking some opinions regarding this issue as to if there is any truth of there actually being any "new law", and opinions on this email response. carlie Link to comment Share on other sites More sharing options...
HadIt.com Elder Wings Posted April 15, 2010 HadIt.com Elder Share Posted April 15, 2010 blanco, Most likely, the letters from your private doctor contained adequate medical evidence and rationale to support your claim for an increase and the "VA's physician asst(C and P)", did not. I am sure glad you got the increase granted. I am actually seeking some opinions regarding this issue as to if there is any truth of there actually being any "new law", and opinions on this email response. carlie x x x Search and Track the Federal Register -- Dept of Vets Affairs http://regulations.justia.com/browse/agency-286/ searching now ... ~Wings Link to comment Share on other sites More sharing options...
HadIt.com Elder poolguy11550 Posted April 15, 2010 HadIt.com Elder Share Posted April 15, 2010 Now the VA is being held to the standards. The M21 is not law it is a convenience for the VA to use while they are rating. The law is the 38 C.F.R. Federal Regulations with the Statutes the VA is bound by. The Secretary of the VA is bound by the laws and upholds these laws and the VA must upholds them as well. We use the laws, rules and regulations daily. The VA is going to uphold the law. Some of the VA are already using the standard of using the doctors statements and examinations over the C&P or QTC's as being more comtemporous examinations so your VARO will be coming around soon I am sure. The VA's are transitioning. The electronic system is suppose to be online by fall so change is on the way. The M21 is and agency internal "standard", "rules", and/or "guidelines" that is established and set by the secretary of the VA. Would'nt one think that all VBA employees would be bound follow such? However, this VBA employee feels that the M21 is merely a "convenience". The good news (i guess) is that someone from an "va.gov" e-mail answered your inquiry back. Bad news is that the answer was filled with "VA fluff" and no real substance. I'll look into this and ask around, but personally, I feel that law or nor law for this said issue won't change much within the the VBA as the "law" may only be a "super convenience". Link to comment Share on other sites More sharing options...
carlie Posted April 15, 2010 Author Share Posted April 15, 2010 x x x Search and Track the Federal Register -- Dept of Vets Affairs http://regulations.justia.com/browse/agency-286/ searching now ... ~Wings Wings, Thanks. I know for sure that if it is actually there as a law or a proposal - YOU are the one that can dig it up ~ lol. And a fine Hadit research Queen you are, for sure :) carlie Link to comment Share on other sites More sharing options...
Question
carlie
A new member at Hadit posted something about his VSO telling him there was a new law
that went into effect April 1, 2010.
He gave me the contact email address to this VSO.
I sent the VSO the following email.
She was good enough to respond to my email - but in my opinion she was not able to provide
any supportive information on this supposed "new law".
I sure hope this new Hadit member keeps learning and keeps a good eye on what his
VSO decides to do - or not do, with his claim.
I feel her reply adds nothing "new" at all.
I feel her first two sentences are BS.
I would like some opinions on this if you feel so inclined.
Thanks,
carlie
-Original Message-----
From: carlieaol.com [mailto:carliel.com]
Sent: Wednesday, April 14, 2010 7:56 PM
To: XXXXX
Subject: New law in effect April 1, 2010
Hello,
My name is XXXXXX, I'm a 60 percent service connected disabled veteran
and I live in Florida.
Another veteran I've been speaking with referred me to you.
He's told me you said there is a new law that went into effect on 1
April 2010 that states the VA will now have to pay more attention to
your doctor then the QTC.
Can you please provide me with a reference to this new law as I am
unfamiliar with it.
Is it a change in the CFR's or new instruction in M21-1MR or what.
I am very interested in finding out more about exactly what and where
this can be found.
I appreciate your help on this.
Carlie XXXXX
She replied with :
From: XXXXXXXXXXXXXXXX@va.gov>
Subject: RE: New law in effect April 1, 2010
Date: April 15, 2010 6:53:12 AM EDT
To: Carlie XXXX <carlie.com>
First of all the BVA has always went with your doctor not a doctor that
has seen you for 45 minutes or less. A doctor that treats you for 2 or
more years holds more weight than a doctor that sees you for a few
minutes. The law has been on the books for years the VA has ignored the
laws. Now the VA is being held to the standards. The M21 is not law it
is a convenience for the VA to use while they are rating. The law is
the 38 C.F.R. Federal Regulations with the Statutes the VA is bound by.
The Secretary of the VA is bound by the laws and upholds these laws and
the VA must upholds them as well. We use the laws, rules and
regulations daily. The VA is going to uphold the law. Some of the VA
are already using the standard of using the doctors statements and
examinations over the C&P or QTC's as being more comtemporous
examinations so your VARO will be coming around soon I am sure. The
VA's are transitioning. The electronic system is suppose to be online
by fall so change is on the way.
Link to comment
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