ptsd 100% Combined Claim Complicated With Proposed Incompetence

[Rilenator]

I just got my claim results in the mail today. (info in Signature area) I filed in August 2011 while on active duty, Via Benefits Delivery at Discharge. I retired and transferred to the fleet reserve in Feb 2012. I filed through the DAV in a regional northern California office. I could not find gainful employment to pay the insane rental cost in the Republic of Kalifornia, and made my transit north where I could afford to live within my means. I am almost equal distance between Portland, Oregon and Sacramento/Oakland Ca. I have been working with the DAV office in the northern California /Bay region. I check E-bennies every week. On The 26th I noticed that the VA had changed status from "decision" to "completed" stage, skipping over approval, and notification. with no information as to why it was completed. I also noticed that a new claim had ben opened that reads predetermination for proposed incompetence. I tried to contact he VA but, as soon as they brought up my file they refused to speak with me and all but hung up on me. (politely: all your questions will be addressed when you receive notification) Notification of what? they would not say. Soooooo

I contacted DAV regional NORCAL office. they looked up my status and were able to read it over the telephone. I asked what to do. They said officially nothing until I get the award notification letter. I had read several posts here at hadit, so I contacted my doctor. he has been my primary care provider for the past year. he drafted me a letter stating that I am fully mentally capable to handle my own finances. I faxed that letter along with an updated 686-C with all my dependent status and a copy of my most recent checking account statement....All done on the 1st of July 2013. Today is the 5th of July, just got my letter. They are proposing incompetency not based on financial instability, but alcohol dependency. Really strange, because I remember stating during my C&P exam that I did not drink ANYMORE because of severe acid reflux. Anyway, I understand it is probably just a canned response from the VA, but it has some serious repercussions for me. I work in and around the Law Enforcement community. I would find it really embarrassing to have to explain to the Sheriff why one of his CCW permit holders and respected community volunteers has to turn in his firearms. I am VERY concerned by this. It is not about the money. (of which I have not been paid anything, as the VA has screwed up my dependency data as well) It is about my SECOND AMENDMENT RIGHTS. I should be noted that I carried a weapon in combat for NINE (9) years AFTER my 2003 concussion/TBI in three theaters of operations, with ZERO weapon or alcohol discrepancies.

I can ramble on for longer, but. I may need help. Today I contacted the DAV office that I had faxed the information to on the 1st, and the nice secretary mentioned that it might be a good idea to go to the Portland office. She would not get into details, but asked why I was faxing additional documents (Dr. letters and account information) to support my dependent (spouse and children information) Va form 686-C, as they would not be reviewed with the 686-C. They should have been faxed with a different memo. I wonder If she is trying to help me? I have heard some rumblings that some DAV/VA interactions are shall we say.. a bit too close. I would Refute this wholeheartedly, as not to fall into some PTSD induced paranoia. Cut to the point..

Should I continue to trust the DAV? Should I change from NORCAL where I filed, to Portland (responsible for where I live)? Should I allow the DAV to send the NOD and refute the INCOMPETENCE claim. Should I address the other issues (like 0% for TBI because it is covered by PTSD) at the same time as I attempt to counter the Incompetence and bogus alcoholism claim. WHAT information should I send to prove that I don't drink? I feel like I'm deep underwater and coming up way too fast!

[FormerMember]

File this one under Be Careful What (and how much) You File For. Mr. Rilenator has attained an impressive list of claims ratings (30) and the VA has been more than fair (undoubtedly) in granting them. But for one episode of diarrhea of the piehole, he would have escaped closer inspection. Any time you assay to obtain all these entitlements, you automatically draw closer scrutiny to your claims. VA is, and always has been, vindictive to a degree. When forced by medical records, or other incontrovertible evidence, to grant this many ratings, they automatically go into porcupine mode. Here, it has backfired on the gentleman. It usually does. Absent any way to deny a large majority of them and marginalize him to a 10% tinnitus dog bone, they are coming around full circle and doing what they can to head him off at the pass. This is what they do and I don't need to remind any of you that they do it well. They've had over 200 years to perfect their technique.

This is in no way meant as criticism. Remember that as you read this. It is merely an observation of VA's proclivity to search for something- anything- to impede your access to that which they have granted you. They know full well in this day and age that this shabby treatment will inevitably end up in some Veterans help forum or social media outlet such as Hadit or Facepage. It will become a sotto voce admonition to other Vets to be more restrained and respectful of the process. Witness the hanging of Keith Roberts which is still ongoing as we speak. http://asknod.wordpress.com/2012/01/18/roberts-v-shinseki-a-miscarriage-of-justice/

I don't propose to preach and tell others how to file their claims or even which ones to file but I will add one comment. File for what will kill you. File for what is going to get worse in the future. File to attain the P&T. File to attain the SMCs if you are entitled. Filing for a long laundry list such as this will gain you no more money and will just incite the VA to get out the magnifying glass and the tweezers. This claim has everything but the kitchen sink in it. Add it up. In sum, you could have still attained all you seek financially without flat feet, sleep apnea, et al. The library of 10%ers will not result in any life threatening diseases. They may facilitate an Aid and Attendance rating 25 or 30 years in the future but little more.

VSOs like the DAV are into spaghetti filings. They know VA's default setting is deny. They are taught to shotgun 30 claims against the wall of the RO and see which ones stick. Here, virtually all did. And, because you have amply demonstrated by your disabilities (and your own comments), the enormity of all of them is so overwhelming that you rely on your son for "assistance". I don't condone or approve of what the VA is up to but anyone can see your DAV rep has provoked this. It may have been unintentional. Regardless of the minutiae of the reasoning or causes, you have a hard road ahead of you to rebut your very own words. You need professional legal help and you will not find it at DAV.

Your ratings are so numerous and large that their sum, on paper, makes you look wheelchair-bound and mentally incompetent- even without your mentioning you son's involvement in your finances. For what it's worth, I suspect they would have gone after you with the Fiduciary broomstick absent the comment anyway. It would appear the VA has taken your very advice and "documented everything" including the remark about finances. You cannot retract the comment. Similarly, you cannot object too strenuously about the ratings and it would do no good. That is a finding of fact and you cannot CUE yourself. However, you can file a NOD on one of them ( I suggest the TBI)and get an attorney to prevent the inevitability of a fiduciary. If you are married (and it appears you are not), you could argue for the spouse to be that fiduciary. The argument for the son might not be as persuasive but I would allow an attorney to make any judgements in that regard. As for a VSO to combat this? Well, ask yourself how you got here first before you answer that. Best of luck and I do mean that altruistically.

[jbasser]

Did you file all of these claims alone or Did the DAV assist you when you first filed?

I see this a lot when they file claims for us. I met a rep once at a Post and the rep was drunk as a skunk and started yelling out percentages.

I said I needed a break, gathered all my stuff and got the hell out of there.

Finding a good rep at a claims inception is Key. I personally believe that is the main reason so many claims arrive at the RO DOA.

J

[Rilenator]

I have no one to blame but my self. I went to the DAV office with enough rope to hang my self with (not literally). DAV Rep had a look at my medical records and already completed typewritten computer generated claim form. He never used the form I had filled out at home on my computer, he sat down with me and had me hand write a new form, because the online form was out of date. I saw the glint in his eyes when he handed me the copy of the triage letter from the DAV to the VA. I still have the letter. It is actually 2 pages stapled and time/date stamped. I believe he may have thought that I did not claim enough, and after seeing the massive amount of documentation that I brought with me, maybe he thought it would be better to win many small percentages. I don't know the strategy, That's why I choose to go to the DAV at a NSO. I just wanted someone to have my six. I arrived at 0900 and left at close of business. Hind sight is 20-20. I am much better at typing than speaking. When speaking I have to often pause and find the correct word for what I want to convey. Sometimes I think I said a meaningful sentence, however I would have left out key transition words during my dialog. This could give an impression of broken English, while the pause could lead someone to believe that I am mentally slow, if they did not know me. Maybe he thought he was really doing what was best for me. I will never know because within a few weeks after filing, he was no longer there.

I would ABSOLUTLY AGREE that although documenting everything is the way to go, DO NOT FILE FOR EVERYTHING!!!! If you do, just be prepared to wait a really, really long time. I think (in hindsight) a skilled service officer could have weeded out the silly stuff. (I have no idea why he filed for gulf war illness, Yes I was In the military during that timeframe, but not in country until mid 1990's) which really brings me around to my first post. CAN I TRUST THE DAV to continue to effectively represent me? Having knowledge of being in error after the fact does not bother me. Please, just make sure that anyone else who reads this post does not fall into the same false sense of security, just because a big name vet service group has your back. People are still people, some learn by trial and error. DO YOUR HOMEWORK! you have completed the first steps already, by reading these posts. I really wish I had heard of hadit before I had filed.

Thanks again jbasser for asking the question

[Rilenator]

BERTA

I forgot to answer your question. I do not have a copy of my C&P exam.

[Rilenator]

Just out of curiosity, does the VA ever send TROLLS down here to hadit? And if so, can they use any of this information for their own devious devices?

[jbasser]

It is a public site and the VA does monitor it but don't worry. You have done nothing wrong. You need an IMO to offset the Incompetency issue.

J