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Update On My Battlefield Command

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Guest Berta

Question

1.got Decision from DRO Friday (at 4:20 PM of course)

2. Sent VA email to VACO on Saturday pointing out DROs violation of both 38 USC 5107 and also DRO job description

2. Sunday VACO email robot says I can add more to my complaint and I did.

3. Monday -raise hell with my state POA division at local level, and then the one at VARO level and give orders for 2 things one of them should do.

4. Monday the VARO level vet rep does one of those two things

5. then I email his boss to see who is going the next thing

6.Monday -have conference with local vet rep as to his failure to give me adequate representation-he ended up in a trance-

7.Tuesday- VACO emails me that the DRO and my VARO SO have been sent my complaint. I think it says 32 days for resolve on it. I gave them until Friday.

8. Tuesday -just priority mailed an additional complaint about my representation to the state Director of my POA state office, a copy of their annual report to the Governor, 3 clear statements of what their represenation entails, along with proof of discrimination.

And again told them what they can do to start to correct this.

(I would never dream of rescinding the POA-they actually have to do work for me now)

The DRO must call a CUE on the Friday decision and then open the c file, open the mail in it, learn how to read, and then call me and my vet rep to satisfy the informal development of a resolution to my claims. Not to mention Duty to Assist regs.

I gave her(maybe him?) until Friday for something that starts to come close to what a de novo review is all about.

Here we have a commission looking for PTSD wannabees and I get a VA DRO wannabee.

I know many of you have had miserable problems with the VA and/or vet reps.

You must take the time to clearly see what laws or regs have been broken and then develop a consistent war plan for action. And by all means- if you say you will do this or that- show them you mean business, unless they satisfy your complaint.

I still believe in the DRO review process and it's incredible ability to get a claim resolved. It often takes a relationship among the DRO, vet rep, and the claimant.

That is part of the DRO MOS and also why they ask you for contact numbers and email addys on the forms.

My local vet rep was insinuating that smehow my claim was to be fully handled at the VARO by someone but he didnt know who and that he himself couldnt help me as he had no contact with them (Say what?)

Then as we went on and on and I could see he didnt know what else to say I asked him if he was aware of what the VARO DROs do. He said yeah-I talk to them all the time for the vets in the DOM with claims- I said

Say what again? and I asked how my status as a VA claimant whose POA he holds is different from theirs?

All VA claimants are to be treated equally. That local office on the VAMC grounds is a state office and they have to handle any type of VA claim from any type of claimant,regardless of being hosp vet or not. I know that for a fact.

ith the VARO screw of and the state scrrew up I kind of feel that I have been cluster ------, if you catch my drift.

My situation here is extremely bizarre so do not feel this is reflecting DRO work at every VARO. It is not.

If this was the way it is supposed to be I know many disabled vets and widows would be pulling Article 99's.

Edited by Berta
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  • HadIt.com Elder

Berta:

They will rue the day that they screwed up your claim. I wish I was a fly on the wall when they get together to decide how to handle you.

Good Luck

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Pete53: I don't think they want to try and handle her, they probably want to figure out the best way to shut her up will be. LoL

Not being derogitory with you Berta. :blink:

The people at the VARO and DRO's surely don't like being under the microscope or up on a pedistle, where every one and everything they do wrong can be seen, expecially by someone who knows their job better than they do, like Berta. LoL

I'm sure before Berta gets through with them a few will feel like they had to grab their socks for someone higher up in the food chain. Oh BOY, LoL Not to mention a few brown stains on peoples faces when the S%$..T hits the fan.

Jim S. B)

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  • HadIt.com Elder

The bad thing is that when a rating officer or DRO makes an awful decision nothing happens to them. The vet suffers for years but the DRO gets his paycheck just the same.

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  • HadIt.com Elder
The bad thing is that when a rating officer or DRO makes an awful decision nothing happens to them.  The vet suffers for years but the DRO gets his paycheck just the same.

<{POST_SNAPBACK}>

John

Does all this bring back dajavu , it seems the PO, OWCP , and the VA all go to the same school of Lie, Deceit and Deny.

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  • HadIt.com Elder

Actually I have come to believe that granting a claim is considered a loss by the people who run the VA. It should be a win to find how to help Veterans but sadly that is not the attitude.

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Dear Fellow Veterans & Friends

  Actully this is a emotionally abuse freebie for the RO  The more Berta trys to reason with them by showing proff of there incomptence.  The more chances they have to hold her claim with them and emotionally slap her around.  I think vets are waisting there time and tallents trying to deal with the RO.  They should go up to the BVA as soon as possibel and let the BVA set the rules for reviews of your claiims.

Terry Higgins

<{POST_SNAPBACK}>

I have also had a lot of dealings with the VARO. If they want you off of their back, they will just deny your claim (and believe me for some of the most stupid reasons) just to be able to throw your file under the huge stack and then they can mark this as one that they have responded to in order to be able to go on to the next. In fact, we just received one of those standard letters telling us that they are still processing my husbands claim and they are sorry for the delay. STILL PROCESSING HIS CLAIM. When they start on it? We were just at the VARO speaking to a rep and they had not even pulled it to work on it. And several of these are remands from the BVA that has been sitting at the VARO since January 05.

When we had a hearing with the BVA, they appeared to be so upset with the findings of the VARO that they instantly approved 2 of his claims. The others were remanded back to the VARO because of things the VARO should have done and didn't. In fact, during our hearing, the law judge brought up issues that we discussed and told the VARO in the decision letter that the veteran brought up these particular issues and that they should be reviewed for service connection. Needless to say, I filed these as new claims. I really felt good about the BVA hearing my husband had, but experiences with another BVA hearing for another veteran did not go as well. The law judge he had kept looking at his watch and out the window as though he could have cared less about being there and was ready for lunch. So, it is with every thing else. It just depends who you end up with reviewing your claim at every level.

In reading another post here about different diagnosis, we've been there too. My husband had a claim in for an eye condition, secondary to his service connected skin condition. The VAMC doctors wanted to call this condition everything under the sun to keep from linking it with his skin condition. We had an IMO and he plainly stated in his letter that his eyes and skin were more likely than not related. He worded the letter the way the VARO wanted to see it. He stated that he didn't care what diagnosis was written down, it was all the same and was related. The VARO turned the claim down because they wanted to know where the IMO got his opinion. Took this back to our IMO and he was furious that they would question his ability to diagnose a condition he specialized in. Needless to say, this is one of the claims that we instantly got approved at the BVA level.

Also, when we originally filed a claim years ago for his skin condition, it was plainly stated in his service records that he was constantly being treated for skin problems. In their notes, they called it tinea pedis. When he started being treated later for this, the diagnosis changed constantly. At this time, it was like it was in his blood stream and constantly spreading to other parts of his body. After years of fighting, we finally got an approval based on the fact that regardless of what different doctors wanted to call the condition, it was all related to what he had been treated for while in service.

We currently have a claim in for an increase in his skin condition. Two years ago, the regs changed to state that if the condition affected more that 40% of the body, then he could file for an increase. Well, his progress notes from the VAMC state consistently that this condition is all over his body. While they may list different parts of his body, they then include the word body. Even in his C & P exams that he has previously had, they include the word "body". Well, recently he was put on a fee basis to see an ouside dermatologist. The local VAMC cannot keep dermatologists. On his very first visit, he spent maybe 5 minutes or less with the doctor. He only looked at a couple parts of his body and then started prescribing medication. When I made the comment about him having this all over his body, he quickly took the defensive and said it didn't appear that way to him. He didn't look at his entire body, therefore, how would he have known. Almost makes you want to think he was a doctor on the VAMC payroll. Here was basically a doctor giving an independent opinion, but appeared to not want to say anything which may help the veteran. Even though he did not look at but a couple of areas on his body, he will probably not document that this condition affects his entire body and anyone looking at his claim will assume the doctor did a complete examination. Go figure. Cannot win for losing.

No wonder veterans get tired and give up. I'm at a point that it will almost take the President of the United States to turn him down before I quit.

Sorry for the long posting, but I thought that maybe some of our experiences may help someone else out.

Thanks,

Bev.

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