ptsd Update On My Battlefield Command

[Guest Berta]

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 September 20, 2005 by Berta

[Guest Berta]

Everyones posts here help someone Bev- I believe that-

My SO locally asked me what he should do and he wrote it down what I said and then he called me back after he did it all and had called his boss to get it done-his boss- the higher level vet rep-said all they need is what bases the DRO should CUE on-

I have been at 4 levels of my representation on this so far since Monday and contacted the Director yesterday. I have stated clearly to all of them the legal bases in 38 USC that the DRO has to CUE on already but now they are starting to comprehend it all.

As I told my vet rep there is only one person left on the totem pole-the Governor-

and so somebody has to get a digit out of an orifice in regards to my POA and my claims.

But today for the first time in 7 years I just got some adequate representation. (EVen though I had to tell him what to do)It is a start.

Then he told me the DRO's name and this DRO had been on the DRO job for only 3 weeks.Figured I got a newby.

Edited September 21, 2005 by Berta

[mssoup1]

Everyones posts here help someone Bev- I believe that-

My SO locally asked me what he should do and he wrote it down what I said and then he called me back after he did it all and had called his boss to get it done-his boss- the higher level vet rep-said all they need is what bases the DRO should CUE on-

I have been at 4 levels of my representation on this so far since Monday and contacted the Director yesterday. I have stated clearly to all of them the legal bases in 38 USC that  the DRO has to CUE on already but now they are starting to comprehend it all.

As I told my vet rep there is only one person left on the totem pole-the Governor-

and so somebody has to get a digit out of an orifice in regards to my POA and my claims.

But today for the first time in 7 years I just got  some adequate representation. (EVen though I had to tell him what to do)It is a start.

Then he told me the DRO's name and this  DRO had been on the DRO job for only 3 weeks.Figured I got a newby.

<{POST_SNAPBACK}>

Berta,

I think these posts of yours are great. You have really detailed what is happening to you for others to read and hopefully gain some insight from. Not only do I feel that this site is to help someone out in filing a claim, listening to someone vent a little, but also for the veterans to post here their experiences they have had at the different levels. While it is understandable that we all know that VARO's in various areas are different in how they service the vet, that makes it all the more reason to post here and let others know what walls they have run into. It may or may not help someone else in working their claims, but it cannot hurt. I have learned a lot in reading the posts from those who describe in a little more detail of what has happened to them along the way. Knowing the ins and outs of submitting a claim is very important, knowing someone was denied or approved is also important to hear, but really relating in detail the things that happen in between is also very important to others in helping them.

Thanks,

Bev.

[john999]

Berta,

I think these posts of yours are great.  You have really detailed what is happening to you for others to read and hopefully gain some insight from.  Not only do I feel that this site is to help someone out in filing a claim, listening to someone vent a little, but also for the veterans to post here their experiences they have had at the different levels.  While it is understandable that we all know that VARO's in various areas are different in how they service the vet, that makes it all the more reason to post here and let others know what walls they have run into.  It may or may not help someone else in working their claims, but it cannot hurt.  I have learned a lot in reading the posts from those who describe in a little more detail of what has happened to them along the way.  Knowing the ins and outs of submitting a claim is very important, knowing someone was denied or approved is also important to hear, but really relating in detail the things that happen in between is also very important to others in helping them.

Thanks,

Bev.

<{POST_SNAPBACK}>

Berta

        That is kind of funny.  You finally got decent representation, but you had to tell him what to do?  If you hired a lawyer and had to tell him how to represent you in court would you pay him?  What a situation when the vet or spouse has to tell the VSO how to do the claim.

[john999]

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.

<{POST_SNAPBACK}>

JR

Anything to keep benefits away from vets or injured workers is the goal of the government.

[carlie]

As we all know for sure, if VA would either grant or deny claims according to

THEIR own rules with a COMPLETE EXAMINATION and CONSIDERATION of all

evidence these problems would not exist.

carlie

[wallyg]

I'll give you an example. 4 months ago I had a regular visit with the VA orthopedist. I won't call him a surgeon, because I found out he barely squeaked through the examination.

He didn't lay a finger on me, as usual, until I complained of my hip pain spreading into the groin area bilaterally. I was in a wheelchair, and all he did was a couple of straight leg lifts.

When I finally got a copy of his consult report, he stated "Muscle tone extremely good lower extremities, upper extreminities too."

I immediately e-mailed the Partient Rep with a complaint that not only did he never touch me anywhere but the legs, but that I had a witness too, since my wife was with me. I demanded that the last three words that I quoted be removed from the record.

I got no response, so after two weeks I sent it again with a CC: to the clinic chief.

I eventually got a reply saying that they had talked to the doctor, but couldn't find a regulation that allowed them to make an alteration in the computer. I wrote back and suggested a Reg that allowed deletion of an entry and a complete reaccomplishment of it.

I am still waiting for something to happen. Meanwhile I can just imagine that going to VARO, and them using it to take away my cervical radiculopathy or arthritis of the shoulders.

If anybody knows of the reg. that covers altering VA medical entries in the computer system, I'd sure appreciate a heads up.