Apparently This Works...

[comatos]

I first filed an appeal back in 2008 for what my VSO stated was a CUE (clear and unmistakable error) on the part of the original examining doctor who claimed to have reviewed my service medical records and found no instances of complaints related to my back or neck problems. My VSO reviewed my records and found well over 20+ documented instances related to back and neck complaints.

We filed an NOD a week later in Sep 2008 and I was told that all we had to do was wait about a year or so for the SOC to be sent back so we could move the case to the BVA. While I have been waiting, I finally got to a fee basis neurosurgeon at Barrow to have ACDF (anterior cervical disc with fusion) neck surgery to alleviate my shoulder impingement service connected issues. After 15 years of limited strength and motion with my right arm, I finally have some of my strength back, albeit thanks to eight screws, two metal plates being implanted in my neck, and two cervical discs being replaced. So in the meantime I put in a claim for temporary 100% in Dec 2011 to make sure that ball got rolling. Figured at least that one was a no-brainer. It's already service connected. It was authorized and paid for by the VA.

You would think that at least the surgery comp claim would get processed and done pretty quickly...wrong. The eBenefits page showed little to no info on the status and on May 24, 2013 the Estimated Completion Date became past due. By the beginning of June I had HADIT. I decided to write a letter but I wanted to get the most attention possible. Snail mail wouldn't cut it but an email can go to anyone I want. On June 4, 2013 I sent the following email out at 1108 MST.

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From: Vic Matos

Date: June 4, 2013, 11:08:52 AM MST

To: eric.shinseki@va.gov

Cc: jose.riojas@va.gov, stephen.warren@va.gov, todd.grahams@va.gov, will.gunn@va.gov, glenn.haggstrom@va.gov, allison.hickey@va.gov, robert.jesse@va.gov, steven.keller@va.gov, joan.mooney@va.gov, steve.muro@va.gov, george.opfer@va.gov, robert.petzel@va.gov, tommy.sowers@va.gov, rafael.torres@va.gov

Subject: Estimated Claim Completion Date PAST DUE

The Estimated Completion Date is past due for my compensation claims. How much longer does one have to wait for your department(s) to do their jobs? Or are you just waiting for veterans to die so you don't have to pay out?

Vic Matos

602-xxx-xxxx

Marine Corps

Last four - xxxx

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On Thursday morning at 0930 MST I received a call from a gentleman who identified himself as a liaison in Secretary Shinseki's office. He was calling regarding the email. He was curt, obviously offended, but stated that he would personally look into the delays for the appeal from 2008 and the temp surgery claim from 2011.

That afternoon I noticed both the comp and appeal had changed status on the eBenefits page. Friday morning I noticed the appeal was now closed and the SOC had finally been sent after more than 4 years of waiting. (I doubt I'll get any credit for time served.) As of today, June 25th, the comp claim is also now closed and the decision letter is on its way with my retro check.

I didn't realize I had to write a nasty gram in order to see these people shamed into taking action. I'm not saying the rest of you who are equally fed up should do the same as I have, but the old saying, "the squeaky wheel gets the oil" does apply in this case.

Good luck with your claims all and keep fighting,

Vic M

USMC

[tonio]

Well Vic let me be the first to say it (lol) Thank you for your story it is a wonderful situation when you can get any positive adjudication, Also thank you for your service and Congrats on your win I pray it's all to your satisfaction. Way to use the tools you were given to work on your behalf. Whatever your email did it worked for you so that in itself is a blessing. Great work and keep it up. Congrats Again....

[Computer Tech]

Thank you for your service and congratulations on your win.

Rick

[indyman]

I liked your email. I recently sent an article to the local paper saying things along the same line and it appeared easier for the VA to just wait us out in hopes we die. Dead vet, dead claim. Anyway, when I checked eBenefits I saw my claim closed and decision was mailed. Maybe good, maybe bad. AB8 letter says good. That was a great email you did.

[cham1968]

Now that's what I'm talking about. Outstanding. Be careful those you've trained have attained some skills to which you may not want us to present: Longevity, persistence, creativity, and the world wide internet! HOLLA

God Bless

[Chuck75]

Whether the VA likes it or not, the veterans have started to use the internet and the resources on it with a vengeance.

Naturally, this causes problems with the VA's longstanding tactics to isolate cases and veterans from each other.

The real battle is and will be to force the VA to become more responsive, open, and fair in it's dealings with veterans.

Too many things are done more with an eye to saving money than anything else, even when it's at the expense of veterans.