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

Va Disability Claim Error Rate Hits 26 Percent In Oakland Regional Office

Rate this question


carlie

Question

http://vetlawyers.co...nn+%26+Moore%29

"Bergmann & Moore Testify Before Congress: VA Disability Claim Error Rate Hits 26 percent in Oakland Regional Office

On April 24, 2012, in B&M News, Department of Veterans Affairs, Disabled Veterans, In the News, Politics, VA Disability Benefits, Veterans, Veterans Law, by VetLawyers

"The Department of Veterans Affairs (VA) made a stunning admission at last week’s Congressional hearing about VA’s backlog inventory of 1.1 million claims.

For the first time, VA revealed more than one-in-four disability compensation claims processed by VA’s beleaguered Oakland office are riddled with errors. Almost all of VA mistakes are against Veterans, forcing them to appeal.

Paul Sullivan, managing director of public affairs & veterans outreach here at Bergmann & Moore, testified before the House Veterans’ Affairs Committee. Reporters from the Military Times, NextGov, and the Washington Post covered the hearing.

Sullivan told Congress that when VBA speeds up claim processing, VA makes mistakes. Then Veterans must appeal, often with the assistance of a private practitioner such as Bergmann & Moore.

Sullivan remains especially concerned about the impact of delays on veterans with psychological conditions. Being forced to wait months or years for healthcare and disability benefits for posttraumatic stress disorder (PTSD), traumatic brain injuries (TBI), and military sexual trauma (MST) can often worsen a Veteran’s health.

VBA’s Director of Compensation Service Tom Murphy confirmed VBA leaders had met with Veterans advocates, including Sullivan, and were willing to grant attorneys and agents access to their clients’ computer and paper VA files.

Murphy also pledged to lawmakers that staff at Oakland’s VBA Regional Office would receive additional training in coming months to improve productivity and quality.

U.S. Rep. Silvestre Reyes (D-Texas), a member of the Committee, admonished VA during his opening remarks: “VA should remember that ‘VA’ should stand for ‘Veteran Advocate’ and not ‘Veteran Adversary.’”

Wednesday’s hearing was titled, “From the Inside Out: A Look at Claims Representatives’ Role in the Disability Claims Process.” Bergmann & Moore testified on behalf of the National Organization of Veterans’ Advocates.

The hearing was held as investigative journalist Aaron Glantz of the Bay Citizen reported on very serious problems our Veterans face at VBA’s Oakland Regional Office:

April 15: “Veterans’ Disability Claims Buried Under Paperwork: The average wait for a decision in the Bay Area is now 313 days.”

April 16: “VA Pledges to Overhaul Disability Claims System: Promise comes after The Bay Citizen reveals Bay Area veterans wait an average of 313 days.”

April 19: “Send Immediate Help’ to Oakland’s VA, Say Bay Area Reps: Letter to veterans secretary cites ‘extreme disappointment’ over decision not to overhaul troubled office”

Carlie passed away in November 2015 she is missed.

Link to comment
Share on other sites

Recommended Posts

One of the big problems, IMHO, is that the morons (people who work the claims) who screw up never pay any price for ruining disabled vet's lives.. the people who screw up continue with screwing up more people and probably going up the food chain, with raises, vacations, etc, while the poor vets are either limping around, homeless, or says 'F' it! and kills themself..

If they had an 'intake' process where you could actually present your claim to someone that actually cared, instead, you give it to someone who looks like they just got off a greyhound bus, who has this 'F' I wish I wasn't here, in there eyes, and don't cross the yellow line on the floor with a rubber stamp next to a copier... if you could say hey, I have this problem, and while I served, so I need to know if this form is correct, and is this the right form, etc.. instead... you get a form, say, hey I still have a broken ass, or still lead in there, from all that work, and then they take two years to tell you denied, and then you say can I talk to someone in another 2 years, to tell your story, at that point 2 or 3 years has passed... and that condition you came in with is now terminal and you are counting the days and weeks until you either get your appeal, or you die, which ever comes first... and if they don't understand your claim, why the hell don't they pick up the frakkin phone, call and ask to clarify something, instead of the deny rubber stamp!!

So, let's put a system in place that everyone who screws some vet out of their claim, gets fired or demoted... and those that actually care get to stay and maybe even raises and vacations...

If they actually do catch fraud they get some award for doing their job correctly...

When they process the claim they should have to sign an affidavit that says they actually read the evidence... period...

lying sacks of $%%%##@..

The anger and resentment they foster is biblical....

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

300 days my ass, mine has been 17 months since my hearing..

of course mine is San Diego, but that article seems very misleading..

unless my math is wrong,,,

and of course if you go back to my orignal claim it's not even close to those numbers..

I have nightmares (honestly) about see the DRO's hearing officer's face...

and how a vulcan mind meld would dig in and find out what wtf they are hiding in those offices.. (yes, I am trying to be cute,, but it like he was holding back info that would make vets very angry if they spilled the beans on wtf is going on...)... wtf can't they just tell us to our faces it might take a few years, instead they clam up if you say anything about time... yes, they do, they just give you a stare... which is so rude, so mean,,, sorry a tangent.. after all it took a couple years just to get am meeting with a live human being and then you go to the hearing to show them everything they didn't read... and they grill you like you have been charge with a crime... yes, that is exactly hopw it feels... I am not ponitificating.. and I will never get over the trauma of everything that has happened... never ever... I have considered opening a website with an open letter to what I have been through... but am scared it might affect my claim negatievly, they might find a way to screw me even more..

http://vetlawyers.co...nn+%26+Moore%29 "Bergmann & Moore Testify Before Congress: VA Disability Claim Error Rate Hits 26 percent in Oakland Regional Office On April 24, 2012, in B&M News, Department of Veterans Affairs, Disabled Veterans, In the News, Politics, VA Disability Benefits, Veterans, Veterans Law, by VetLawyers "The Department of Veterans Affairs (VA) made a stunning admission at last week’s Congressional hearing about VA’s backlog inventory of 1.1 million claims. For the first time, VA revealed more than one-in-four disability compensation claims processed by VA’s beleaguered Oakland office are riddled with errors. Almost all of VA mistakes are against Veterans, forcing them to appeal. Paul Sullivan, managing director of public affairs & veterans outreach here at Bergmann & Moore, testified before the House Veterans’ Affairs Committee. Reporters from the Military Times, NextGov, and the Washington Post covered the hearing. Sullivan told Congress that when VBA speeds up claim processing, VA makes mistakes. Then Veterans must appeal, often with the assistance of a private practitioner such as Bergmann & Moore. Sullivan remains especially concerned about the impact of delays on veterans with psychological conditions. Being forced to wait months or years for healthcare and disability benefits for posttraumatic stress disorder (PTSD), traumatic brain injuries (TBI), and military sexual trauma (MST) can often worsen a Veteran’s health. VBA’s Director of Compensation Service Tom Murphy confirmed VBA leaders had met with Veterans advocates, including Sullivan, and were willing to grant attorneys and agents access to their clients’ computer and paper VA files. Murphy also pledged to lawmakers that staff at Oakland’s VBA Regional Office would receive additional training in coming months to improve productivity and quality. U.S. Rep. Silvestre Reyes (D-Texas), a member of the Committee, admonished VA during his opening remarks: “VA should remember that ‘VA’ should stand for ‘Veteran Advocate’ and not ‘Veteran Adversary.’” Wednesday’s hearing was titled, “From the Inside Out: A Look at Claims Representatives’ Role in the Disability Claims Process.” Bergmann & Moore testified on behalf of the National Organization of Veterans’ Advocates. The hearing was held as investigative journalist Aaron Glantz of the Bay Citizen reported on very serious problems our Veterans face at VBA’s Oakland Regional Office: April 15: “Veterans’ Disability Claims Buried Under Paperwork: The average wait for a decision in the Bay Area is now 313 days.” April 16: “VA Pledges to Overhaul Disability Claims System: Promise comes after The Bay Citizen reveals Bay Area veterans wait an average of 313 days.” April 19: “Send Immediate Help’ to Oakland’s VA, Say Bay Area Reps: Letter to veterans secretary cites ‘extreme disappointment’ over decision not to overhaul troubled office”

Not in appeals, since I got 100%, and some of it was winning an 1151 negligence, which the VA turns out does not give ful benefits if you win 1151 negligence they squirm and legal loophhole you and your family out of many benefits, really crapp nasty bunch running the va benefits, they wil backstab and scre wyou even if you win you lose. May 2021.

01-01-11_My_Medical_Records2.jpg

Link to comment
Share on other sites

  • HadIt.com Elder

The BVA makes errors as well. You combine those with VARO errors and you probably have much worse error rate. Then you have legal gun battles at court of vet appeals and years and years go by.

Link to comment
Share on other sites

300 days my ass, mine has been 17 months since my hearing..

of course mine is San Diego, but that article seems very misleading..

unless my math is wrong,,,

and of course if you go back to my orignal claim it's not even close to those numbers..

I have nightmares (honestly) about see the DRO's hearing officer's face...

and how a vulcan mind meld would dig in and find out what wtf they are hiding in those offices.. (yes, I am trying to be cute,, but it like he was holding back info that would make vets very angry if they spilled the beans on wtf is going on...)... wtf can't they just tell us to our faces it might take a few years, instead they clam up if you say anything about time... yes, they do, they just give you a stare... which is so rude, so mean,,, sorry a tangent.. after all it took a couple years just to get am meeting with a live human being and then you go to the hearing to show them everything they didn't read... and they grill you like you have been charge with a crime... yes, that is exactly hopw it feels... I am not ponitificating.. and I will never get over the trauma of everything that has happened... never ever... I have considered opening a website with an open letter to what I have been through... but am scared it might affect my claim negatievly, they might find a way to screw me even more..

The 313 day average mentioned is I believe for an initial award not a Denovo Review or Appeal. My DRO Hearing was March 2011 so I am at 400+ days waiting for decision post hearing.

Best regards,

Link to comment
Share on other sites

  • HadIt.com Elder

Let's consider that a vet is unable to work due to SC condition. He/she is waiting 400 days to get a decision including a DRO. That is an unreasonable hardship. Unless this vet has assests or some other means of income he/she is broke and probably ruined financially. Most Americans live from paycheck to paycheck. Who can go 6 months without a paycheck?

Link to comment
Share on other sites

Let's consider that a vet is unable to work due to SC condition. He/she is waiting 400 days to get a decision including a DRO. That is an unreasonable hardship. Unless this vet has assests or some other means of income he/she is broke and probably ruined financially. Most Americans live from paycheck to paycheck. Who can go 6 months without a paycheck?

John you and Retiredat44 are absolutely right the delays are inpropper and demonstrate apathy at some levels and outright mistreatment of Veterans by some government employees(doctors who by ingnorence, incompetance, or design that can't acurately relate answers given by veterans in C&P exams or who forget half their medical knowledge when submitting thier medical conclussion/finding)

(Edited by original poster, to keep more in line with the topic at hand)

Edited by 71M10
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

    • Tim Walsh earned a badge
      First Post
    • Tim Walsh earned a badge
      Conversation Starter
    • BirddogM578 earned a badge
      Week One Done
    • BirddogM578 earned a badge
      One Month Later
    • Bubbleboy929 earned a badge
      Week One Done
  • Our picks

    • 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.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use