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]

Hi pete, hope all is going your way. Don't get it wrong, As I implied I consider Hoppies experience second to none. Precisely why, as soon as I got the jist of the Issue/Claim interaction, I sent an IRIS to the VARO, not that I haven't broken this down in every permutation, minus Urdu. But I did request the so and so's close all issues of the claim in question, but it will fall on deaf ears as they made it clear their mandate ended with regard to customer service, if one there was originally, when I put a Senator in the mix. I don't see a downside though since they were bent on seeing me homeless without means to feed myself. What sin could a vet commit that would provoke a death sentence? Curious human nature.

So I explained all this to my Senator so now I shall see if the VARO gives a .........

Prison, that would be with the scope of desirability for the VARO.

But actually, the DAV rep, enumerated all the issues in this claim, which the VARO clerk added zip. Her colleagues did consume themselves adding grief. Quite good at that, well since they seclude themselves in an inpenetrable fortress, unassailable, that would not be that difficult.

"If you know the rules they can be your friend". In general that is true, but when they are beyond any legal repurcussion, as far as I can see, and by all means please feel free to inform me precisely who is the enforcer in their fortress? They do precisely as they please. They rate you as they please. They deny you as they please.

Example in my back quest for SC I went to the DRO with an IMO, The DAV convinced me the way to go was informal with no recorders. Can you say sucker? Went back to the DAV office and heard the DAV rep saying to the Secretary "that didn't take long" te he. Well it was on then. He went on to say it would be denied, after he had convinced us that he had us covered. That it would be denied if I didn't go find a Doctor that would connect an emergency Room report, with zip assessment. Of course their doctor noted there was no assessment as my doctor did. So off to the Senator to whom I explained the situation. Next thing the DAV rep asked what made you think this going to be denied, to which I replied my first clue was when he told me and my brother that.

Bottom line there is nothing in house and precious outside that has any particular influence on them. The only reason this flew was the element of surprise as he didn't see the meek and mild me beating him upside the head with a club, but I saw little alternative. Not my first choice, but that is the orgin, not soley, but a player, in this conflict.

I think that rather than procedure is the rub.

Edited November 1, 2010 by cannoncocker

[Chuck75]

Actually, I've had a VA VA examiner claim that they are only allowed to examine the issues that the RO placed on the exam order. This includes things that are considered a result of or secondary to the item to be evaluated by the examiner.

This is not consistent with the mandate given by law to the VA.

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]

Thank you Chuck for your analysis. The DAV representative left me a parting gift, namely this bomb. He enumerated every service connected disability over 365 daysafter the last rating. They are just over 365 but over. So all but my 30% for my back is on Franenstein's table, aka W-S VARO. As hard as they are playing the game, specifically they write a letter(all claims closed), two weekslater(we continue to process your claim), You must withdrawl all claims, otay, remove all claims that might be of benefit, we continue to process your TDIU claim.

So you can see they have burned the book and are willing to jeprodzie themselve since this is all in writing and the path they have chosen is clear. What will be interestingis what they will do whith this: we have two houses, one in NC, one in FL, due to some family stuff I had to move to the Florida house. They had scheduled QTC's in NC, the IRIS representatives had sent the W-S vigilantes-DemiGods a message to shut this thing down and cancel exams, sent me a message to not goto exams. Not being born flat lined when the exam date rolled near I called QTC, canceled the exams stating the claim had been withdrawn. Not to mention the VARO has my new address 8 hours from NC. Also frankly with stuff they give me for my back most reasonable people would not want me rolling free flight through Atlanta. Feeling that?

Got all this in writing so this represents, being a former long time federal employee, a complete departure from everything bureaucrat. Do not put it in writing, do not draw attention to yourself.... That represents the scariest thing in this little shop of horrors. I cannot figure them. They either think they are invisible and bulletproof, beyond caring, insane. Or some combination. I also can't figure K.Pfanzeleter W-S VARO Veterans Service Center Manager, why would he allow his staff to run freestyle across the state write something then ignore that commitmant, aka lie. pursue vets purely from a personal motive. What pray tell does he get out of this to put himself in employment Jeopardy since best case scenariofor him, I guess, his charges are running solo which is doubtful, although how great would that look on a resume.

Whole thing is curious.

If there is a possible out on this the majority of the exams they have scheduled were originally SC in 1990. So I will have to determine which month if it works that way for the 20 year protection.

Actually life goes on since I don't absolutely have to have their payments. That doesn't mean I will not dedicate my full time to making them wish they had taken a higher road.

As an aside: The IRIS function is a database, a filing system. They have no authority. None. They will interject themselves, through a desire to correct a wrong, thank them for their willingness to help and for trying, but for get about it. They have no standing.

Edited November 1, 2010 by cannoncocker

[cannoncocker]

In an effort to prevent a China Syndrome, I would appreciate any information regarding an organizational chart to find the chain of command for the W-S VARO. In my meager experience when all else stagnates and the focus becomes intransigent and vindictive a trip up the chain of command might prime the pump. There are bound to be ways to find the regional supervisor or however they have it organized and nomenclature used.

Failing that any points of contat above the W-S VARO

Plan on hiring a lawyer for the purpose of extracting the intentions from the office supervisor.

One for the record books IMHO, in IRIS, there was an entry demanding that I communicate with the VARO via a sitting Senator. Now I am not Johnny Cochran, well because I'm not dead, but that seems improper somehow. What depriving me access to the VARO where they are on a mission to crucify me.

Any suggestions for self defense?

They didn't get off the chain, they ate it.

Edited November 2, 2010 by cannoncocker

[john999]

Looking from the outside the VA has not actually taken any adverse action against you yet. I know they are bothering you to death. In my experience the VA is a big, impersonal machine. They have driven me crazy at times with getting my scripts filled, but it always boils down to them doing CYA. It is not personal because they don't care about us vets. I have never gotten anything from the VA I did not claim. I don't think they are on a mission to take your benefits away. All they care about is work product. With VA it is usually dumbness and not evil.

[cannoncocker]

John , thank you for that, really thank you. Having worked as a Safety Speialist for the Army after service I have a sense of what you are saying and in large part that is exactly right. They have done nothing to me yet. Nor have they closed this out. In an IRIS msg. they told me to go through my sitting senator to contact them. They wrote all claims closed. Nope. IRIS msg told me to not go to qtc exams, firstly I had put in a change of address since I had moved and was 3 states gone, but called early and canceled saying I was withdrawing the claim. Dollar to donuts they are rating without med exam as we speak.

My sense of this is they feel pretty much free to do as they please up to the point their supervisor comes in their office and orders them to slow their roll. I clearly have pushed them. but really to get my back SC I had to push, which is where the animosity originated. My DAV guy said I got this,no need for recorders or formalities, we did that, came down to his office, then he said they would deny it unless I had a Dr, tie an ER report, with zero assesment to my back problems now. Their own Dr. said nothing could be done with it. Hence I had an IMO. So seeing how the ball was rolling I went to a senator and explained, returned to the DAV guy then low and behold, "what made you think this was not approved",? When you told me it wasn't was my first clue.

That is the history behind this, and spiraled from there. If I hadn't I would be out 30% so how can you win? This is not a tighten your belt scenario, life goes on either way. But I have a keen sense of big brother, or any other person /entity abusing their authority. So indeed this does bother me, alot. I have my mind fixated on how to push them back in the can. Problem is they run pretty much unfettered. Think about it, send a person that they can only communicate with the W-S VARO through a sitting Senator. Yes I think they are emotional about this. That is a problem. It is in fact personal with them. The best I can do is make the cost of that personal vendetta.greater than any personal satisfaction they might gain in the end.

Thank you again for the analysis, and nobody made me genius, so you may well be right. That has always been my experience as well, to this point. If there is a bright spot they are not issued live ammo.

Not to mention it is always best to move your head before the guillotine drops.

Edited November 2, 2010 by cannoncocker