Based On What They Said They Didnt Have

[63SIERRA]

if u read the reasons they denied my claims at the bottom, it looks like they didnt even look in my medical records for the records that were all surely there.

many times on ebennifits they said evidence requested is past due. I would ask my DAV service rep abt it and he would always say, dont worry abt it, they got it. well he never told me that if we never gave them a specific date range to look in, they could just blow my claim off. Copy the medical records and send them in with your claims. Dont trust that they will look thru your records to find what they need to approve your claim. It is EXHAUSTING looking thru, and reading everypage in a medical file that id 450 pages. I wish I could go back in time, and start over again. I would have done things so different. now im playing catch up, in a system that doesnt care how long it takes.

see attached file

CLAIMS.txt

[63SIERRA]

especially take notes of the sentence that says.. Va TREATMENT CENTER KNOWN,, BUT NO DATES.

see how they operate? they LOOK for ways to screw the veteran. Basically saying yes, we know where your medical records are, but we aint looking thru them . DENIED sukka. The va is dirty, thats already been established, but the DAV has to know that they do this type thing, because they been sitting with them for 100 years. They should have been more involved in my claim to see to it that the va got the info they needed, or told me to get it. It would have been done asap. Once again, blind faith, and I got shafted. ]\

It seems to me that the DAVS and other service organizations,. (and I speak from personal experience),, only seem to care abt getting you to give them power of attorney. Think abt this, when you go see them, they quickly pull out the claims form, and power of attorney form. They dont go over your contentions with you, ask you anything abt them, they just have you write them down like you are filling out a christmas list, to send to santa claus. Then u never hear from them, unless you make the call, then they dont know who you are, what your claim entails, or anything else. It really seems like a system where by they dont care if your claim is denied or not, and they are actually waiting on a denial. WHY? well then they can bargain and negotiate. If the claim is approved, what is there to bargain and negotiate about? Why do the keep the veterans in the dark, and really keep the lower eschelon reps in the dark as well. From what im seeing, veterans seem to be doing alot better winning claims on thier own, than with service orgainzations and the internet is exposing that. It seems to me, the service organizations were getting away for a long time, by searching out and somewhat helping destitute veterans, who should have been getting disability for years, who are out of the loop because of age, location, health, ect. They go assist some veterans, and get them a little something, when god knows they should be getting alot more, and collect money from the government, while staying friendly with the va. well now, with the internet, and all of the information available, they cannot " stay in bed" with the va, at the veterans expense anymore. In a month of reading information on this site, you can know more than most service officers do. The average modern day veteran is also usually very well educated, lots with college degrees. So my message here, that is strictly my opinion, is HAVE BLIND FAITH IN NOBODY.

[63SIERRA]

I had them reopen 3 contentions at the DAV advisal. Once I get the descsion, im going to request reopen for the others they denied. Im not doing it now because it seems like they are too dense to handle 2 or 3 at a time, much less 5 or 6. Im keeping close eye on the clock, and will make sure and either get the other denials on reopen, or appeal before my one year time period expires, so I can retain my initial filing date of oct 2011. Once all of that is done, I have a possible malpractice claim to file against the va, and a cue claim.

I tell ya, they have taken this soldier for a hell of a ride, on the ripoff express

[63SIERRA]

no,l went to a outside doc to prove my back condition, but didnt ask him to write an imo as to if he thought it was service connected.

I look at IMO S this way.. they are like references, ... who is going to bring them an UNFAVORABLE imo. The medical evidence should stand on its own. Im trying not to get into the " lets see who can get the best IMO game" especially if IM paying for it. I believe the CP docs give unfavorable reports for the sole purpose of giving the va ammunition to deny claims. The va is the ones who employ them to perform the task,. If your part of " the quota" that month, then u must grin and bear it, and fight it. I was recently screwed by a CP doc, who measured a 13 inch scar, and never once asked if it was painful or not, and wrote in my report, that the scar was not painful and measured 0.01 mm. I called bs, and got another CP exam. I believe the doc who tried to screw me knew exactly what he was doing, and didnt think I was smart enough to follow up. T he second cp doc who examined me, told me that they get QC ed, but evidently no QC takes place, unless they get caught by the veteran. I also got denied for another contention that this same va doc examined me for, that Im reviewing the CP exam. If he goofed that one up to, I will get a redo.

[63SIERRA]

According to the rules, The CP exam is totally independant and unbiased and payed for by the government, so rightfully and legally so, if they screw up the exam, you have the right to have it redone. If it was protocol for them to ask you a question, and they didnt ask, call Bs and call the VA regional office, and tell them, and write a letter and tell them.

no,l went to a outside doc to prove my back condition, but didnt ask him to write an imo as to if he thought it was service connected.

I look at IMO S this way.. they are like references, ... who is going to bring them an UNFAVORABLE imo. The medical evidence should stand on its own. Im trying not to get into the " lets see who can get the best IMO game" especially if IM paying for it. I believe the CP docs give unfavorable reports for the sole purpose of giving the va ammunition to deny claims. The va is the ones who employ them to perform the task,. If your part of " the quota" that month, then u must grin and bear it, and fight it. I was recently screwed by a CP doc, who measured a 13 inch scar, and never once asked if it was painful or not, and wrote in my report, that the scar was not painful and measured 0.01 mm. I called bs, and got another CP exam. Any doctor knows that the abdomen is one of the most painful places you can have a scar, especially a deep tissue scar that goes thru all of the muscles. And is over a foot long. I believe the doc who tried to screw me knew exactly what he was doing, and didnt think I was smart enough to follow up. T he second cp doc who examined me, told me that they get QC ed, but evidently no QC takes place, unless they get caught by the veteran. It offends me that this POS had the nerve to do what he did, after I fought for the right, for him to be in this country, practicing medicine in the first place. I also got denied for another contention that this same va doc examined me for, that Im reviewing the CP exam. If he goofed that one up to, I will get a redo.

[meghp0405]

did you have anyone that actually reviewed your medical records before submitting your claim?

when the va requests medical records (off the SF 180) that you provided them, they will ask for the complete file, not just dates referenced. I've been down that road too many times with other veterans to know that is what they do. They may have at one time requested by dates, I don't know.

As for the power of attorney, this form is requested to be completed first. It's requested first because once the VSO explains the form, that veteran may not want that service rep handling the claim for whatever reasons. This form protects the veteran and the service organization. Once the POA is completed, then we move into the claim.

Now, I can not speak for any vso, but I can tell you that once I review the veteran medical records, I have a lists of disabilities. I then go over that list with the vet to see what's chronic and what is not. many times, I already have that answer but I go through them with the veteran in order that they know the difference. then once we have a list of disabilities, then I complete the remainder of the paperwork, print 2 copies of every form that I complete, have the vet sign one (for submission) and the other belongs to the vet. I then tell them that when they come back to see me, bring these back with you. That way, I know what has been done, so I am not duplicating work.

Not all VSO's are the same, believe me...

[carlie]

Just for the record.

A claimant submits a form for SC of XYZ.

This means the claimant contends XYZ is related to active duty.

I know the language ebenefits uses, but for VBA purposes,

a contention is in most cases referred to as an issue.

Example:

Issue 1 = Cervical injury of C2 thru C4

Issue 2 = Back injury of T4 & T5

Issue 3 = Effective date of SC of Migraine headaches DC 8100.

etc . . . .