New Qtc's Opened And Don't Know Why

[cannoncocker]

The VA has scheduled 2 QTC's that pretty much cover all my SC Disabilitiesthat the were done by the exact same examiners in just over a year ago. I will go to the W-S VARO Monday to try to figure this out.

Any suggestions? Can they reopen a claim that soon? Can I close those claims?

[cannoncocker]

That of course is not what I had been told by my NSO and the one that set this mess into action. I was also told it would take about 21 daysfor my claim removal to catch up with my claim. That from IRIS.

I would like your suggestion on whether to goto the QTC's. I was told in writing by the IRIS folks they were cancelling the QTC's since I was cancelling the TDIU claim.

Can an NSO be held responsible for providing incorrect information?

Edited October 10, 2010 by cannoncocker

[LarryJ]

That of course is not what I had been told by my NSO and the one that set this mess into action. I was also told it would take about 21 daysfor my claim removal to catch up with my claim. That from IRIS.

I would like your suggestion on whether to goto the QTC's. I was told in writing by the IRIS folks they were cancelling the QTC's since I was cancelling the TDIU claim.

Can an NSO be held responsible for providing incorrect information?

Well, to try to answer your question:

No. Not if there has been no actual harm. And, seeing as how you put a halt to any action on this point, then there was no actual (meaning "monetary") and measurable harm done.

Now, had the service officer "mal-practiced" (couldn't think of any better way to put this) and actually cost you some benefits or compensation then I'd say "probably", the only thing in this instance is "proving" and "proving" how much damage. What I mean by that is, how do you determine, by way of measuring the damage done, what EXACTLY would the VA have done if this advice had been followed. You can't determine, because you can't know exactly WHAT the VA is going to do in any situation (as has been proven here on the hadit board time and time again), and the judge is gonna want to know SPECIFICS (those preceeded by $$$ dollar signs), otherwise there is no way to punitivley punish anyone for "doing wrong" if you can't prove the AMOUT of wrong that they supposedly did, right?

G-d, but I'm starting to sound and feel like a lawyer........................(something I swore I'd not let happen again, many years ago........)!

[LarryJ]

Oh, and one other little matter:

IF these exams are for existing service-connected disabilities and it has been 365 or more days since the LAST exams, then you had best go to the exams, for if you are a "no show" at a scheduled exam, whether it is an original exam for a unadjudicated claim or a RE-exam for an existing service-connected and rated disability, then the VA has the right to perform either type of exam...................and, IF you "no show" then you are going to do a "Red Baron" and the VA is gonna do their best imitation of old Snoopy. And, in my limited experience, the C&P examiner is NOT going to go on a fishing expedition looking for other stuff other than what the examination is scheduled for. Why? you might ask. Because, these are "contracted" examinations and the docs/PA's/NP's that perform these exams get paid for each exam and if they can get 10 exams done by just examining what the C&P calls for, or they can get 7 exams done by going off on a wild goose chase and having to spend extra time trying to explain why they think that you no longer are qualified to receive compensation for something that they are not getting paid to look into...............................well, you can see my reasoning, I'm sure.

But, Hey, what do I know?

[cannoncocker]

Thanks Larry and all, that is an exellent "leagaleze" breakdown.

Here is exactly where things are now. I went to the VARO and submitted a 21-4138 stating I did not put those claims in and wish them removed. I latter followed that up by certified mail requesting all active claims be removed. 2 QTC's have been scheduled heraing and then bout everything else on my body.The IRIS people, not knowing how much clout thet carry or whether they actually follow through with their statements, wrote that they were advising the VARO to ancell all active claims and cancelling all QTC's. They further advised me it took about 21 days to match up these actions to my records.

Should I go to these QTC's or call them and cancell, I now live in another state, or just assume the IRIS group will do as they have written they will do?

Edited October 11, 2010 by cannoncocker

[carlie]

cannon,

I hope this doesn't come back to bite you in the behind for

something that could have gotten SC'd.

[cannoncocker]

Thank you Carlie, I too hope it doesn't bite me.... A learning lesson lesson for all is to be had in this. Know the nature, full nature, of a claim before you allow your rep to submit it. Make the assumption that they will not provide that unless you confront them. Next verify what they tell you, always with the assumption subterfuge is at work. This has already bit me actually by virtue of the myriad of junk required to counter the intransigence and vindictiveness of the Winston-Salem VARO.

Gheez what an odyssey.

1.VARO through IRIS required I withdraw all claims before they would remove the TDIU. Complied. primarily due to my desire to lead a life sans VA BS in my mind 24/7.

2. nothing.

3. Contacted Senators. They so admire when that happens. Lesson alert. You're burning bridges when you go ballistic, but having said that, a man with zip to lose.

4. Inquires blow in.

5. IRIS response: As you are withdrawing your claims we are recommending the W-S VARO close these claims.

6. Squat.

7. More IRIS back and forth to no end.

8. finally IRIS response: "It appears, at this time, you have withdrawn all claims" Now to the untrained eye that would give you some sense of closure. Man that's contrived bureaucratic sleaze on a 6th grade level. Writes that since I contacted the Senator correspond through him.

9. Two weeks later: "we are still processing your application for compensation" from dude named Phanzeleter the VARO main squeeze.

At the other end of that nonsense VA: We do not wish to comminicate with you (paraphrased). Is there a regulation that although I have been civil to a fault, if you contact a politician they no longer have a legal mandate to continue communication, or conversely they may opt out and join a monestary and repeat mantras.

nonstop as opposed to working in a public envionment, namely the VA.

So to summarze, An intransigent and vindictive Winston-Salem VARO has written to me via IRIS stating all claims are closed, later thast same odyssey they write we are processing the only open claim that we can use to put your disabilities on the table, ignore any medical reports, reduce them to our desire, have cake, then allow you to rebuild at your leisure.

Some they can't touch, such as back which is under 1 year old, and have to check but virtually all the rest are 20 years old or next to it by months . 1990 as I recall.

Folks avoid this. Do not rely on your VSO. Come here and ask. educate yourself. Trust only yourself and your decision making abilities. The VSOs are commiting adultry with the VA. You are simply a pay check. if you irritate a VSO by being aggessive and tend not to accept steam rolling expect reprisal. My experience. May not be reproduced for all users.

Oh, to those under the mistaken impression that the VA works within a legal frame work will find that a mistaken premise. Who will enforce any regulatory guidelines? Them? You?....... Re read above.

Edited October 31, 2010 by cannoncocker