I Am Very Angry At Va Claims..

[retiredat44]

I am extremely angry at the (%$%$### insert extreme insult there..) at the VA claims people,, I sent a form in in April asking for a Hardship case, to help speed up my claim, and gave the health reasons why I am asking for them to stop dicking around and get working on my claim.. I told them Again, and again, and again,, and in person at the dro hearing in 2010, and in my claims I am suffering from the fatal disease Necrotizing Pancreatitis, and many other conditions and diseases..

Thye just sent me a letter saying they wil not work on my case until I send them the form back telling them if my hardship request is a new claim...!

I wrote back on the forms, that it is it is Not a new claim, it is a hardship request for my claim, asking them to expedite the claim that they have had at the local VA Regional since my DRO hearing, with no decisions.. I only requested that they consider my case a hardship because of my serious health condition... and that I want my claims worked on before I die or become incapacitated ! They are so stupid there, inept, incompetent bunch in San Diego!! I am glad I went to my congressman (2 weeks ago) and filed with them a letter asking them to look into why they have not worked on my claim since my DRO hearing 2010.

I put in the first frakkin paragraph that I am requesting my claim be moved along for hardship reasons... is that too much for those idiots to comprehend? And of course there is no direct contact with anyone there..

just have to write letters, and hope the dumbest person isn't the one working my case..

also, my VSO also has a copy of my hardship request.. so it wasn't done behind anyone anyone's back...

Another thing, sort of related to my claim, This morning I went to my neurologist and they brought in another neurologist, they agreed to look deeper into my neuro problems, and scheduled a new brains can... my left side is going weak and numb.. they cannot give me more meds because of the pancreas disease.. so they are looking to see if they can find out more of those problems.. they also told me they looked at all the doctor's notes form my days as an inpatient, and the notes regarding when i was unable to hold object or walk.. so whatever they find might help with some of the claims the VA has jerked me around with...

I can't help it, if some people here work there, or think the people that work at the VA claims are good people... they have been nothing but hell in my life...

Edited May 24, 2012 by retiredat44

[retiredat44]

well, I can't make the VA people read anything,, the lawyer that is currently looking to represent me, is going to get my C-File, but I have to sign the papers to give them access to my records... they will look at my C-File, and decide whether or not to represent me. (this should all happen in the coming days and next week) Then I will change my POA from the American Legion, to the new lawyers. Then, they can make sure my evidence is handled properly, and it is part of my evidence, and it all must happen before my file reaches BVA. Only when all the evidence is seen and not ignored, can I rest. At this point, I could care less about the fees the lawyers take, as long as I win my case.

I really want to know how the VA claims people get away with ingnoring evidence, even though it is presented to them, in the NOD's, Statements both oral and written,.... I think it is a huge scandal that they can get away with ignoring evidence prensented to them under oath. After all, are not both sides under oath at an official hearing? If after this is all said and done, I want someone to blow this lid of this scandal with the VA, and the people running the claims system. There is no way it can be a mistake when the evidence is written and on tape, and transcripts, yet not used.

I also do not understand my my (current) repreentative does not get in their face, and make sure they see and use the evidence. Surely, they can get to the right people, she even works in the same buidling, the regional V.A. office. She must know how to get the DRO to read the documents they process in the DRO hearing. There must be some form, that says, hey, all of the evidence was not used,, some type of VA error form...

I cannot call my proable new lawyer my lawyer yet..... but so far they have an interest in my case,,, and yes, they see it only as money in the bank... to me, whatever they make is well worth the money, I wish I had started looking earlier instead of waiting until after the DRO hearing decision. I was dumbfounded, blindshided, and shocked when they ignored the evidence. I guess I am too stupid to see they get away with ignoring evidence. I wonder how many disabled Veterans they have screwed and gotten away with this corruption? Too bad some big reporter that wants a big story in their career does not come in and look at this corruption. They could make a career for themselves, showing the corruption in the VA system.

[carlie]

well, I can't make the VA people read anything,,

the lawyer that is currently looking to represent me, is going to get my C-File, but I have to sign the papers to give them access to my records...

they will look at my C-File, and decide whether or not to represent me. (this should all happen in the coming days and next week) Then I will change my POA from the American Legion, to the new lawyers. Then, they can make sure my evidence is handled properly, and it is part of my evidence, and it all must happen before my file reaches BVA.

Only when all the evidence is seen and not ignored, can I rest. At this point, I could care less about the fees the lawyers take, as long as I win my case.

It will probably take the law firm several months to receive a copy of your claims file.

Usually when issues finally get to the BVA, at least the evidence is fully read.

It will be of great importance that the BVA acknowledges who your representative is of record.

I really want to know how the VA claims people get away with ingnoring evidence, even though it is presented to them, in the NOD's, Statements both oral and written,.... I think it is a huge scandal that they can get away with ignoring evidence prensented to them under oath. After all, are not both sides under oath at an official hearing?

If after this is all said and done, I want someone to blow this lid of this scandal with the VA, and the people running the claims system. There is no way it can be a mistake when the evidence is written and on tape, and transcripts, yet not used.

All of this has been in the news / magazines/ media, etc . . for over a decade.

I also do not understand my my (current) repreentative does not get in their face, and make sure they see and use the evidence. Surely, they can get to the right people, she even works in the same buidling, the regional V.A. office. She must know how to get the DRO to read the documents they process in the DRO hearing. There must be some form, that says, hey, all of the evidence was not used,, some type of VA error form...

All that can be done is to continually prosecute the claim.

I believe if your representative was to "get in their face", they might get arrested.

I cannot call my proable new lawyer my lawyer yet..... but so far they have an interest in my case,,, and yes, they see it only as money in the bank... to me, whatever they make is well worth the money, I wish I had started looking earlier instead of waiting until after the DRO hearing decision.

I was dumbfounded, blindshided, and shocked when they ignored the evidence. I guess I am too stupid to see they get away with ignoring evidence. I wonder how many disabled Veterans they have screwed and gotten away with this corruption?

Too bad some big reporter that wants a big story in their career does not come in and look at this corruption.

They could make a career for themselves, showing the corruption in the VA system.

As I suggested earlier, this evidence may have already been considered in a prior decision.

I would look over all prior decisions, whether they granted or denied, to see if this evidence

was already considered in any way.

I'm referring to the evidence you posted recently direct from SMR's.

"Example: necrotizing pancreatitis, splenic vein thrombosis: Prognosis: Poor. (this is what my discharge papers said at time of discharge after six months in the hospital. They also stated conditions on physical issues at the time I was wheel chair bound, I had to wear a bracelet because of prone ot falling if unattended.."

Keep in mind that NO ONE - NO ONE, will ever be as/more interested in your claim issues - than you are,

this would include a billion dollar A-1-A lawyer/firm.

I'd hate to see you go thru all this - only to find out that the evidence your concerned with

has already been considered.

What conditions is your current 50 percent for and what evaluation for each ?

Also, reporters have already been doing articles on VA for many years - the "corruption" as you refer

to it, is no secret.

JMHO - carlie

[carlie]

One of the lawyers offices said that I qualify for TDIU, but, when I brought in a TDIU form and

tried to explain to my VSO that I am eligible, she told me I can't do it, because I am not eligible,

then one of the lawyers offices I contacted told me that she was wrong,

since I don't work and can't work I am eligible no matter what percentage I am rated...

They asked if I had some type of doctor letter saying I can't work.

I have been on permanet disability since 1995, and on SSDI.

I have been under the doctor care directly through the VA with case managers.

I have papers in the files stating my condition(s).

Regarding IU -

THE VA ONLY FACTORS IN SERVICE CONNECTED CONDITIONS. - LOOK AT THIS LIKE AN APPLE.

THE SSA FACTORS IN ALL MEDICAL CONDITIONS - WHETHER OR NOT THEY ARE SERVICE CONNECTED

CONDITIONS - LOOK AT THIS AS AN ORANGE.

APPLES AND ORANGES ARE DIFFERENT FROM ONE ANOTHER.

"One of the lawyers offices said that I qualify for TDIU," -

since I don't work and can't work I am eligible no matter what percentage I am rated.

The statement above applies to 38 CFR 4.16b:

http://ecfr.gpoacces...1.98.11&idno=38

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(b) It is the established policy of the Department of Veterans Affairs that all veterans

who are unable to secure and follow a substantially gainful occupation

by reason of service-connected disabilities shall be rated totally disabled.

Therefore, rating boards should submit to the Director, Compensation and Pension Service,

for extra-schedular consideration all cases of veterans who are unemployable

by reason of service-connected disabilities,

but who fail to meet the percentage standards set forth in paragraph (a) of this section.

The rating board will include a full statement as to the veteran's service-connected disabilities,

employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996]

" I brought in a TDIU form and tried to explain to my VSO that I am eligible, she told me I can't do it,

because I am not eligible"

Your VSO above is most likely saying you do not meet the basic eligibility criteria for IU under,

1)

4.16a

§ 4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total,

when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation

as a result of service-connected disabilities:

Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that,

if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more,

and sufficient additional disability to bring the combined rating to 70 percent or more.

For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:

(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,

(2) disabilities resulting from common etiology or a single accident,

(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal,

neuropsychiatric,

(4) multiple injuries incurred in action, or

(5) multiple disabilities incurred as a prisoner of war.

It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status

will be disregarded where the percentages referred to in this paragraph for the service-connected disability

or disabilities are met and in the judgment of the rating agency such service-connected disabilities

render the veteran unemployable.

Marginal employment shall not be considered substantially gainful employment.

For purposes of this section, marginal employment generally shall be deemed to exist

when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce,

Bureau of the Census, as the poverty threshold for one person.

Marginal employment may also be held to exist, on a facts found basis

(includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold.

Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

OR

2)

Under 4.16b -

Again, the disabilities factored into consideration for IU are solely disabilities, that are service connected.

The disabilities (of record) that are part of what make you unemployable and are NOT service connected,

will prevent the following:

"rating boards should submit to the Director, Compensation and Pension Service,

for extra-schedular consideration all cases of veterans who are unemployable

by reason of service-connected disabilities,"

[retiredat44]

I will try to refrain from any more posts, and rants, I will wait until I get the new lawyer.. I expect so in the next week or two...

I am in such a bad state that I know I must be rubbing people the wrong way,, I really want to offer advice to help others with my experience... but until I can actually (I hate using hte word win***) get my claim in my favor... I can't use any post to help anytone, whenI can't even help myself...

people come here from the beggining, in the middle and near the end to share their experiences with the VA...

So far from my experience,,,

every moment you wait is precious, it is a moment you can learn and use to help your claim.. if you can't think of a way by yourself, get other opnions,, find info that can help...

I am i no in the precarious position that I wish I had more time, as now that i have my DRO hearing, it turns out the NOD must be filed again (I have my NOD and Form 9's already filed over an dover again..) I really thought they would have read the evidence and it would have at least had 50% in my favor by the end of the DRO process, now.. strangely, I am running up against a 60 day deadline to make sure the last Form 9 is sent in witht he NOD between the DRO decsion denial and the BVA hearing...

MY VSO is handling that.. meanwhile the new (hopefully new lawyer) has to look at my C-File and make a decsion on my represtation take-over and start over with me a ss a new client learning al about me and my claim... stragely, the time crunchis happening just as the period between DRO hearing decsion and BVA hearing assigning date approches.. I hav eno clue how many months that takes,, but the new lawyer needs to learn about me, before this , also, we are scheduled with previous Form 9's sent in long before the DRO hearing, to use the DRO hearing transcript and audio recording.

Foro all I Know the new lawyer may decide it is better to actually get a new full video BVA hearing... so I wil find out int he coming weeks if they decide on a completly different game plan... I am thinking, even if I waited another 2 years it is better to win and if I need a new hearing, it would be worth the miserable wait, just to make sure teh BVA understands and acknowledges all of the evidence that the VA Regional Claims office ignored... I could make sure that all is out in the open again... so my new lawyer (crossing fingers they accept me..) may use a different method than my VSO wanted.. at this point I am veyr happy that new eyes and experience and catch this process before it gets to far and is irreversible..

IMHO

I will chat with you guys when the new lawyer has something good going.. and i can positive info here..

Wish me luck (wrong word).. how about wish the truth comes out...

[deanbrt]

If you have a lower current percentage, Retired The extra scheduler clause will come into play. If you can show you have been on SSDI for a long time and it is for the service related condition it is very important. With that said. extra scheduler approval is tough. It will take time. But remember water dripping on a stone eventually has an effect.

I hope you will keep posting and know how important it is to have people to talk to.

[deanbrt]

Retired, to quote a plaque on Jimmy Hoffa's desk " Don't let the bastards get you down..."