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23 Percent Of Va Claims Processed Incorrectly

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jbasser

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  • 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.

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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

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  • 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.

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  • 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.

 

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  • 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.

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  • 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.

 

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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.

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