tdiu Here Is A Possible Solution To Claim Backlog

[SCIDVET]

Dear Veterans,

I had an idea while writing another post. I wrote to Veterans Coalition the suggestions below.

For those of you unaware, SMEAC is a (I think ARMY) method of breaking a problem into parts (such as a wartime objective).

I am no wordsmith, if I were, it would take a third as many words to state my idea. Anyone whom feels they can summarize the concept, please do so, and run with it as you see fit. Semper Fi.

Dear Vet Coalition.

Thanks for being there!

First, let me explain this suggestion in S.M.E.A.C. form:

The Situation is: Vets using up their lifetimes in claim processing, simultaneously clogging the entitlement, compensation, treatment, systems with unnecessary repetitions of appointments. Often, for decades, we pay for our Service Connected disability med treatment, because the VA is so slow or unable to acknowledge its failures in claim processing. By the time we actually receive compensation, the money is worth a third to a tenth what is originally was worth- in 10-25 years. TRUST ME THERE IS MORE TO THIS. Next:

The Mission is: To help right-honorable veterans get what compensation they deserve under law, while the monies still have value, and usefulness. I expect the cost savings will roughly equate to the benefits paid out for the USA.

Execution of the mission: Start a task force that holds sway with the VA rating board, for vets to write to with a short description of what the VA keeps overlooking, and basic evidence to prove it.

Each task force panel will contain one doctor, one disabled veteran receiving VA compensation, one NSO from one of the claim-processing organizations, ie, DAV. They vote on support for the vets claim, a VA representative familiar with claim processing. I believe they should only need to spend 20 minutes on each claim- they can either a: vote for support and grant of claim b: for no opinion of the claim.

It is okay for the VA representative to look from his usual, suspicious, and "If not sure, deny the claim" standpoint. A simple majority rules. Support for the vets claim is passed to the rating board, as if from a higher VA authority, ie, the Secretary. Panel members are sworn to act in accord with the facts, the law, showing no favoritism nor inclination to spare the USA, VA, or military the truth.

In my opinion, the rating board should have no means to deny the claim, but as a disabled vet, losing the meat (Salad days) of my life to claim processing, I cannot speak with detachment on this one point.

Administration: If the vets claim is a: repeatedly denied by VA rating board, BVA, b: Regardless well founded, grounded, and based on fact, and pertinent, THEN the benefit is ordered "Granted" regardless of prior VA decisions to deny IF the task force panel decides so.

Control: This task force will not be permanent, perhaps five years. It will have a sunset clause and a poison pill clause- if the group determines it is creating injustices, it may order itself disassembled panel by panel. The task force should be done catching up the system in five years, and then disbanded. I leave it to you whether any "precedential" aspects are for consideration. Frankly, it seems problematic to me.

The following is a non-SMEAC letter describing the above suggestion, and includes a real-life example of how it would work:

Create a task force whom has sway with the VA rating board. Ask vets to write, in X number words or less, what the VA is missing, overlooking, erring, about, repeatedly, in their disability compensation claims. I suggest a limit of some kind on the evidence also, to help the vet pick and narrow his assertions.

If like me, most vets, over decades of claim processing a single valid issue, want to prove every tiny detail, to corral the VA. This is just unnecessary, and confusing, for vets AND the VA claim system. (This is part of the problem, actually, but another subject)

The objective is to reduce the backlog, and give relief to disabled veterans who have unpopular disabilities, as the law will provide, but the VA is reticent to admit the severity of their error and the injury. Speaking for myself, I dont want to SUE the VA for their grevious errors, I just want the "Someday" to arrive when the sun comes up, and I have finished my VA claim for spinal cord disease and dysfunction. Honestly, the VA claim system ruins mens (and womens) lives, by

twisting people unable to admit weakness into persons having to learn to beg..

Respectfully, sincerely, I HATE WHAT THE VA DOES TO MEN'S SOULS. It's UNSAT.

Example, real, of self:

in 1980, on one page of paper a doctor writes his findings while and after operating, in the military, at Bethesda, he opened my back up, and found extensive scarring (a spinal cord disease called arachnoiditis) even though he errantly operated inches away from the original injury. He wrote: "Appears the wrong level approached" "adhesions" (adhesions is an older term for the more specific "arachnoiditis")

Later, another doctor AGAIN OPERATING IN THE WRONG PLACE sees "Adhesions and scarring" thus supporting this progressive, incurable, spinal cord disease. Seems the VA doesnt like to admit error in order to take advantage of a rare opportunity for the truth to be revealed...

A bit like not wanting to admit a doctor accidently cutting me with a scalpel was how I discovered I was a hemopheliac. (making up an example)

If I have a permanent spinal cord disease in 1980, do I have still have a permanent spinal cord disease during the period in question (1986-1993)?

When the VA FINALLY (after over 15 years of claim processing) in 1996 admitted the issue, granted 100 percent TDIU they want me to hop in a time machine and go back for more evidence- BUT THEY HAVENT ACKNOWLEDGED THE EVIDENCE ALREADY SO CLEAR AND ABSOLUTE! The evidence shows a permanent, progressive, spinal cord disease, and VA specialists detail the cause inservice.. but the ADMIN VA fails to make the connection VA DOCTORS make!

So, I would argue to your task force panel:

"If the VA decided I was unemployable in 1986-1993, does the present day VA agree I was unemployable from 1986-1993?"

(See how deliciously clear this argument is? ) (too bad the VA cannot hear it)

I love my country, but realize now, SOMEONE has to fight the system- employees of VA are NOT suited, positioned, or able, to point out the flaws in the system- WE VETERANS MUST ACT.

I once got a speeding ticket, and the cop says "I don't like this part of the job, it seems wrong to me" and I said "Why dont you try to change it?" and the cop says (sober as all hell) "Thats not my job sir, it is YOUR job".

It is the same here, so I write the Vet Coalition with my remedy. Thanks for being there.

Otherwise, I will consider my job completed, if you write back indicating you read this email.

Sincerely,

Mike

[Berta]

My idea to try to resolve some of the backlog problem is this:

The vet should do all they can to support their claim with medical evidence, right from the git go. Dont wait for them to send you a letter telling you what you need-

Make sure the VA gets it all.

In a NOD- the vet should focus solely on the reasons for denial and ,on the initial page of the NOD state exactly why they legally deserve the benefit and refer them to any evidence they have not considered ( and attach it again too)and then tell the VA they will continue the appeal until the benefits sought have been granted.

No war stories- get it all on the first page if you can.State it strongly and use terms like "probative, irrefutable", and "overwhelming" to describe your evidence and that it fully outweighs the VA's 'expert' assessment and rests well beyond the Benefit of Doubt and then tell them why- ok you can use two pages- my point is-

they are reading claims and NODs so fast- you have to get their attention right away.

Edit it as many times as you need to- to make it as short as possible.

Sometimes my vet orgs send me claimants-

They write a book in email to describe their claim-

That wont do-I dont like to read long renditions-and the VA doesn't have time to-

On a I-9- send them a statement on Page one of the I-9 that they will not want the board to see.

State that you Preserve on appeals all errors that they could make in regards to M21-1. 38 CFR,38 USC etc

as applied to your claim.Stick that under 9 B.

Type out one or two distinct paragraphs and measure them to fit into the I-9 form under # 10-

where it says "Here is why I think that VA decided my case incorrectly":

I had two issues on appeal-(one wasn't even an appeal issue but I fixed that)

Under # 10 Her is why etc- I put

"The Buffalo VARO, by consistently ignoring my irrefutable, undisputable, and probative medical evidence" (which I described very briefly) has continued to deny a claim that rests well with the Doctrine of Reasonable Doubt as the evidence I have submitted fully outweighs the rationale of the VA examiner in statements with SSOC received here on Dec 23, 2005."

On page two I completely knocked down the VA medical opinion and , since the VA doc said the veteran had never exhibited any "red Flags" to show he had diabetes, I attached as page three 34 Red flags documented in VA med recs, EEOC case, SSA records, and VA personnel files as well as prior SSOCs from 1997.

Page four was again the reminder of my 2 IMOS that they had failed to address and a referral to additional evidence I had sent that- on it's face- even without the IMOs which support the claim, they could still have rendered a proper decision.I ended the appeal stating again what I expect a proper resolve to be.

(The other issue was funny- I was thrilled to take the opportunity in a I-9 to point out their errors in that one-it was not an issue on appeal -it was my SMC CUE claim and I briefly explained that too)-

The VARos are overwhelmed and not paying attention unless you make them pay attention.

My Response to the SSOC was so strong that they had considered it as the appeal and were working on it- but I dont trust them- and sent the formal appeal-

then they started really working on it-I expect a decision soon.

I am not going to sit around waiting for anyone to change the miserable claims backlog-

we have to take action ourselves by sending them brief claims fully supported with solid medical evidence and without any extemporaneous stuff about our anger or our frustrations etc. It does not help the claim and they wont take the time to read it all.

[Guest fla_viking]

Dear Fellow Veterans & Friends.

I belive the VA should do away with the SSOC. That is such a waiste of time. The VA can get it wrong the first time and leave it at that. They dont need 2 three swipes to mess with the vets. The vets need to go directly to BVA on appeal if denied. there is so much fraud and abuse at the RO level its not worth it.

This will on an individual baisis help your claims get through.

Terry Higgins

[Guest jstacy]

Ladies and Gentlemen, I agree the claims process needs to be streamlined. It can be ran more efficient. On a negative aspect, The system is doing just what the VA wants it to do. The delays are Intentional and have always been that way. The errors are also intentional to cause delay to claims. They are hoping for a full ride all the way to the BVA before they actually react unless the Vet has some real hard hittng evidence.

Someone had to implement the idea, design, and write the book on the system. His guidelines were probally simple. Please come up with the most complicated, complex, and adverse system and we will staff it accordingly with the people that best fit our interest.

Its like shooting a BB gun at a Battleship. Wont even scratch the paint.

Edited June 23, 2006 by jstacy

[Pete53]

The VA will study it and make a big pronouncement about fixing and things will end up the same. I think in the long run the Medicare Part D Prescription Plan may take a lot of pressure off the VA as Veterans who turn 65 will have access to prescription coverage.

What happened to the Tiger Team?

[Guest fla_viking]

Dear Fellow Veterans & friends.

Until veterans relizee the VA is delibertly set up this way and the powers to be will not change it. VA claims processing is not set up to determiine who is eligibel and the laws applied to vets. The VA claims process is set up based upon how much the Feds want to awayd and pay disabled vets. Thats why we go crazy when we try to commuincate cleary the facts and law and the VA gives us alice and wonderland rulings. If they do that, at that level they have already determined your not going to win so you might as well move on.

You look at all the fed comp except SSDI. They are all set up to be the same long term bumbling, denying, corrupt claims processing. This is delibert, so they can control how much they spend

Terry Higgins

[SCIDVET]

Dear Veterans,

I read everyones reply, Thanks.

It is beyond me to explain why I thought the system could change, except its always been a hope of mine that the system is broken, not designed to deceive. I stand by my belief that nobody cares enough about tax money (your and my money) to limit benefits for that reason.. Instead, it seems appearances are the motive for denial. How often in Your and Your case would admitting your claim is valid means admitting a serious, prior failure by the VA?

Also: think of all the money saved if hundreds of thousands of vets stop having to support their claim by going to doctors, administrators, courts, appeals, for decades? It might be a push, expense wise, to grant benefits. Of course, it also would mean laying off.. at least.. thousands of public employees.

Regards, Kudos, to Berta, I see you are still here helping people. Your points are well taken.

To all vets: I have been many months now without any pain killers, or even motrin, or cigarettes, or anything stronger than Pepsi. I wish to share with you all that thinking is easier, though I still am prone to allowing myself an occasional rant, as you can so intimately see. I feel a bit less depressed- for a change.

I mention my avoidance of mind-affecting chemicals, because it is helpful to understand the VA, how it operates, as well as being able to remember phone numbers, laws, citations, etc. Out of all the troubles (and a few shining exceptions: Excellent VA Personnel!) I have NEVER encountered an instance where pain medications were not immediately granted in large quantities. Its a bit ironic that the main reason I decided to quit them was to get a clear enough mind to deal with the VA claim (now almost 25 years old) but in reality, it seems life feels better, despite a lot of extra pain.

Hats off to Hadit, Berta, and all of you. I am sort of regretful for waxing optimistic, but feel sure you will forgive the delusion and the rant.

Semper Fi,

Mike aka SCIDvet