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?

[john999]

If the VA had me up for new disabilites via a C&P exam I would go to the exam. I would get SC'ed for everything I could even if it is 0%. 0% can become 100%.

[cannoncocker]

Hey John, thank you as always for your participation in an endless stream of the VA is beating me up entries, mine included.

I would have zero problem with going to a QTC or C&P exam, but not evaluated at the W-S VARO which apparently lacks mature adult supervision. That was not rhetorical: " intransigence and vindictiveness". Do the math, they close all claims minus this single one which they have multiple forces, to include 2 other VA functions requesting they shut this down. Nonresponsive. Via IRIS and the 800 number I was told and the VARO was told it was soley my choice what claims I pursued and the VARO is required to abide my choices. No exams have been done, and no funds expended. They quite simply are off the reservation.

Having said that, who pray tell is going to put their shouder into them and correct the course? Nobody I met. They all but ignore the Senators or fill him with propagandized BS.

Yes with a change of venue I'm on board but the W-S VARO is poisened, at least for me. Guranteed, they have ordered said cake. I continue to do my best to shove that said cake down their criminal throats. Sorry, a flash of irritation.

And by the by an IRIS response advised me to not attend the QTC's. Rather than jump in the empty pool head first I canceled those telling them I had canceled the claim. So at this juncture they could be downrating me to their ability or rescheduling or ........

Currently contacting US Reps, Under Secretaries, Dog Catchers, aka full court press.

At the end of the day you do what you think best to the extent of your abilities then as they say "God answers prayers, whatever happens is the answer".

Edited October 31, 2010 by cannoncocker

[Hoppy]

I have been reading some overviews of the VA system written by

James D. Ridgway. U.S. Court of Appeal for Veterans Claims.

I pasted these excerpts below that I feel relate to this post.

The first explains why they create issues even though you do not request them.

The second explains the difference between a claim and an issue, I think it is

important when you contact the VA and request that they close something

related to your claim that they do not close the claim entirely. This happened

to a guy posting on hadit a couple years ago. I am not sure they are required to honor a request to drop an issue that they opened based on their duty to be an advocate which they feel is justified by the record. If they opened the issue without a request from the veteran then I do not see how the veteran can request that they close the issue. JMHO This post has been a little vague and I am not sure what the VA is addressing without a request from the veteran other than the veteran feels that the exams are for something other than a claimed condition that he specifically filed.

……….All of the layers of notice, development, and review culminate

in a decision on the claim by a VLJ. This part of the process requires the

Secretary to be both advocate and adjudicator. As an advocate, the Secretary

must sympathetically read all the pleadings and evidence submitted by

the claimant73 and address all arguments and theories of entitlement either

presented by the claimant or raised by the record. The failure to discuss a

potential theory of entitlement or all the implications of each piece of lay and

medical evidence can lead to a remand………...

…………there are two major terms that are used inconsistently within the veterans

law system and in a manner different from other areas of law. These are "claim" and

"decision." Outside of veterans law, a claim usually refers to one cause of

action.181 However, VA statistics treat an application for benefits as a single

"claim," regardless of how many unrelated benefits are sought. Each

individual benefit sought — including each individually claimed disability

— is referred to as an "issue.". The difference is not trivial.,,,,,,,,,,,,,,,,

Edited October 31, 2010 by Hoppy

[cannoncocker]

Hoppy I am really glad you threw in here. It is clear you are more than passively informed. I believe I see what this is revealing, but this must be viewed in context of this situation. They closed other claims that would have resulted in nothing or benefit to me readily. The one that could be, let me rephrase, will be used to down rate without a change of venue, and since that ain't going to happen, shutting this down is the only viable soultion for me. <BR><BR>The IRIS response at one time required I close all claims before they would close this one, I complied, they said all claims were closed, waited two weeks, then said they were continuing to work on the TDIU. I did not ask that they just tinker with it, but shut it down in the entirety. The claim submitted by my DAV Rep (former) VETERAN'S APPLICATION FOR INCREASED COMPENSATION BASED ON UNEMPLOYABILITY. Which list all disabilities that have not been rated under a year. I am not requesting that they drop a portion of anything, but all claims in their entirety, and since they emailed me through IRIS that they had done that, I think that qualifies as concrete evidence they are aware of my requests, and that they have the ability to comply if they so desire, "It appears, at this time, you have withdrawn all claims". Which was not entirely true. All but one was expunged. How does that happen in the issue claim context? They have mucho requests from me expressing in detail that the entire claim should be 86ed with the diplomatic version of why.<BR><BR>By the way I find myself gravitating toward constuct of going to the VARO and yelling.<BR><BR>Actually the VA added nothing at all, my former DAV rep filed the claim as it is reflected in my file. The VA really didn't want to bother with it and sure were not inclined to enhance it. Their duty to assist doesn't pass the laugh test.<BR><BR><BR>So if I read this correctly I should list each Item in the TDIU and request that each item be withdrawn? Cumberson but doable to no doubt deaf ears, as I pointed out the venue is poisened.<BR> <BR><BR>I believe their duty to assist is reserved for themselves, in my meager experience. <BR><BR><BR>Sympathetically! Ha HA HA!

Edited October 31, 2010 by cannoncocker

[cannoncocker]

Part of the point I am trying to impart is that regardless of the complexity of VA law, it is only relevant if their is an enforcement mechanism, which, at least at the W-S VARO there is not. It is you against them. Them being surrounded by xray machines and cloistered in their bureaucratic fortress of solitude. Who is going to enforce that esoteric point between claim and issue, although I sent an IRIS regarding that to cover all bases. It, who knows, may possibly help in some appeal.

These jokers don't adhere to the most basic tenants of polite civil conduct much less...

Is there a provision that once you contact a senator they no longer are obligated to interact with you? Ask and answer, homey don't think so! That is them across the board and the idea they are going to be doing this in some form of advocay if really hila rious.

Edited October 31, 2010 by cannoncocker

[Pete53]

If you know the rules they can be your friend.

Hoppy:

Wasn't James Ridgeway the guy who had a PTSD claim that VA went after and had him jailed?