Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

23 Percent Of Va Claims Processed Incorrectly

Rate this question


jbasser

Question

  • HadIt.com Elder

I just bumped into this article. On behalf of our friends over at Military.com.

Link: http://militaryadvantage.military.com/2011/05/va-audit-23-percent-of-disability-claims-incorrectly-processed/#idc-cover

Basser

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

Link to comment
Share on other sites

  • Answers 54
  • Created
  • Last Reply

Top Posters For This Question

Recommended Posts

Some weeks back I requested a copy of my c-files, and received a good size box of documents. The problems is that I also received documents from another person with their name, address, phone number and social security number. Now, if I was a devious SOB, I would take advantage of this, and apply for credit cards, and maybe buy that new car. But, I'm not. Now, this makes me wonder if I got another person's stuff, could some one have gotten mine or yours. Maybe that person would take advantage of it. Trying to decide what to do with the documents. First thought would be to shred them.

Papa

Link to comment
Share on other sites

  • HadIt.com Elder

Even claims that I won were full of errors. I don't raise a fuss if I get a good rating, but neither my psychologist or myself could follow the logic in my TDIU claims or the claims that were for mental health reasons. A 12 year old doing a term paper had a better grasp of English than the rating team on most of my claims.

Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

Some weeks back I requested a copy of my c-files, and received a good size box of documents. The problems is that I also received documents from another person with their name, address, phone number and social security number. Now, if I was a devious SOB, I would take advantage of this, and apply for credit cards, and maybe buy that new car. But, I'm not. Now, this makes me wonder if I got another person's stuff, could some one have gotten mine or yours. Maybe that person would take advantage of it. Trying to decide what to do with the documents. First thought would be to shred them.

Papa

Hey Papa,

Finding someone else's records in your C-file definitely is proof that the VA definitely processed something incorrectly. I found similar records in my C-file and turned them over to the VA. I made sure I have a paper trail of communication from the VA confirming the incident. If any of my records are found in someone else's c-file, I would at least hope they would return the records instead of shredding them. Even is the record appears insignificant, it could be very important to someone's claim.

The fact that misfiling of records happens is very scary. Using the logic that if it happened to someone else means it can happen to you seems very promising. However, the VA still requires the presence hard evidence, otherwise the evidence does not exist.

In my case, I have several records discussing important treatment/findings from a previous visit, but the referenced treatment records are missing. I wish they could treat this like shredded records, but the VA doesn't really care unless mishandling is found and turns into a big scandal. I think the 23% error rate would be higher if these kinds of problems were added.

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

  • HadIt.com Elder

If that happened to me.

I'd likely send the other veteran's records back and get a receipt. I'd also try and contact the veteran. Depending on the results, I might also send the records or a copy to the veteran.

In a normal, non VA situation, I'd not keep a copy. The VA however, by reputation and history, may never correct the problems that might arise as a result.

This forces consideration as to keeping or not keeping a copy, in order to refute possible misuse by the VA.

Special care would be necessary if the records are related to PTSD or similar conditions.

As to the so called 23% error rate. (Bad Enough) - - Like many veterans I believe that this is a minimized number that is far from accurate. If you add all the mistakes, and consider that mistakes are likely on each and every claim (be they minor or major), and that every claim I've seen has

mistakes (usually minimizing rather than maximizing compensation), I'd say that the ~80% numbers mentioned by a Supreme Court Judge are more accurate.

A best case would be that the mistakes made no difference in compensation. That is seldom the case.

Hey Papa,

Finding someone else's records in your C-file definitely is proof that the VA definitely processed something incorrectly. I found similar records in my C-file and turned them over to the VA. I made sure I have a paper trail of communication from the VA confirming the incident. If any of my records are found in someone else's c-file, I would at least hope they would return the records instead of shredding them. Even is the record appears insignificant, it could be very important to someone's claim.

The fact that misfiling of records happens is very scary. Using the logic that if it happened to someone else means it can happen to you seems very promising. However, the VA still requires the presence hard evidence, otherwise the evidence does not exist.

In my case, I have several records discussing important treatment/findings from a previous visit, but the referenced treatment records are missing. I wish they could treat this like shredded records, but the VA doesn't really care unless mishandling is found and turns into a big scandal. I think the 23% error rate would be higher if these kinds of problems were added.

Link to comment
Share on other sites

  • Content Curator/HadIt.com Elder

Good points, Chuck. If the situation occurs again, do you think contacting the OIG would be of any benefit? At minimum, I would hope the VA would do a page by page confirmation of the other veteran's records to see if any of mine are there.

23% minimized? I agree with you

"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat

Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.

 

Link to comment
Share on other sites

Yeah...try to not claim 80 things at once, try to keep to an actual disability, not vague things like "pain", and if claiming an extremity pls state left or right. When u get that DTA letter, send the VCAA reply back asap if u have nothing further to submit.

Glad u were able to get that resolved in your favor

Thank you Veldrina I guess your advice is to drop all the extraneous and ask VA to rate what is the main thing you are claiming and if possible state to the VA you are ready to rate with the evidence on hand?

When I worked it was called a Dog and Pony Show not so much on substance but a lot on show.

I also would like to add I always felt that the VARO who did mine in 1996 needed my Military Records, my treatment records after I separated,a good IMO with a nexus and current diagnosis, my SSD medical info and for me some CFR's I found in BVA opinions that would grant service connection.

I think the hard part was and still is the initial grant that opens the door to service connection and proof that you are in shape you are in now.

My initial calim the VSO who I still love dearly asked for a lot of stuff if he could find any kind of treatment while I was in service. I dropped them after 4 months and a SSD award figuring why make it more complicated than it already was.

By the way the VARO that granted me 100% apologized to me and told me it should have been granted much sooner.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • Lebro earned a badge
      Week One Done
    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use