What Tricks Has Va Used To Deny You?

[NavyWife]

What tricks has VA used to deny you?

It seems that VA has a group of tricks they commonly use to deny claims. If you carefully read and reread the denial section of the rating decision you can break down word by word what they are saying.

1. Misdirection---they deny you based on something that has absolutely NOTHING to do with the rating schedule. Another vet here posted he was denied on migraines because he did not meet the "economic inadaptability" criteria to get to 50%, even though he had the required number of headaches for the rating. The denial said that because he was going to school, he did not qualify. Hello! Students don't make any money!!! economic inadaptability means you have difficulty holding a job.

In another example, a vet was denied because he still had his drivers license. having a drivers license is not in the rating schedule.

We need to carefully read the denial paragraph, and compare it to the rating schedule. Then cross reference both of those to the evidence listed in the rating letter and read EACH piece of evidence they used.

2. Pretend they can't get your records--in one of hubby's 4 denials, they denied his request for increase saying they could not get the records from the VA medical center he was treated at. I had NO PROBLEM getting those records a few months ago. Oh, and big surprise, the records had the proof that he needed for the increase!!!

3. Ignore their own VA C&P exam--they will disregard their own C&P exam and instead use a random note pulled from your medical file to deny the claim.

We should write up a big list of these common maneuvers VA uses, so other vets can recognize them and know that they need to appeal the incorrect denial. Or if we are feeling adventurous & bold, submit a "Go CUE Yourself" statement based on Berta's instructions in the CUE forum.

that saying, "you don't know, what you don't know" really applies to many of these denials. unless a vet knows every damned regulation and statute that applies to their case, they don't even know they have been wrongfully denied. They just accept the word of the VA. This makes me sad and pissed off at the same time!

Edited April 22, 2014 by NavyWife

[71M10]

I said it before and I will say it again, an AD campaign needs to be established, not to raise money like Wounded Warrior Project but to get the majority of citizens to demand change.

Example:

Voice over, Pictures of combat and wounded soldiers "SSG Shick fought the Taliban in Afganistan for 2 years 5 months before an IED took his leg and an eye, He waited for the VA to process his appeal for 4.5 years, on December 24th XXXX, he couldn't wait any longer. He lost his leg, his house, his eye and couldn't even feed his family. He blew his brains out with a pistol, at least now his family will get welfare!

You sent him, I sent him, we sent him. FIX the VA its a matter of life and death!

people need to see the uncomfortable facts, AS A NATION WE HAVE AN OBLIGATION THAT IS NOT BEING MET! Until everyone feels a sense of shame nothing will change.

[Jon1371]

Berta, I just meant the gerrymandering that takes place at the doctors. The doctors manipulate things and downplay what you tell them. I told my Psychiatrist and his nurse a few hours ago that I was suicidal and then they scheduled me an appointment three months from now. Will that make it into his report? I don't know, but I'll find out in a few days.

[deltaj]

I am the wife of a service connected permanently and totally disabled veteran. I handled my husband's appeals to get his 100% rating and my husband and I went through pure hell with V.A. in Oakland, California and Ft. Harrison, Montana. First while dealing with a sick husband I had to learn about Title 38 Code of Federal Regulations and Title 38 United States Code. One of my husband's friends gave him the advice to keep his claim in continuous prosecution and to submit new and material evidence with every one of his appeals. I used the standard Statement in Support of Claim forms and labeled each Notice of Disagreement. In each appeal I referred to specific V.A. regulations found in 38 CFR and specific laws found in 38 USC. Each appeal was submitted via certified mail return receipt request and a carbon copy was mailed to his service officer with a service organization. With nearly every appeal we submitted new and material evidence in support of his pending claim. V.A.'s favorite tactic was to backdate a denial a day or two prior to receipt of the notice of disagreement. This left me continually guessing as to whether the new and material evidence just submitted had been considered. This was not coincidence. It happened several times and I began to realize it was just another V.A. dirty tactic designed to discourage and frustrate the appeals process. Eventually V.A. started mailing denial letters so they would arrive on holidays and on weekends. Many years later after the case had been affirmed by the court of veteran's appeals I discovered the notification on the 1970 rating decision was mailed to the wrong zip code. When the case got to the court a lot of material was missing from the claims folder so I was so busy resubmitting that evidence I missed the fact that my husband had not been notified of the 1970 rating decision. We finally got his 100% rating by having copies of his medical records from Social Security Disability submitted to V.A. in support of his pending claim and notifying his service officer with DAV that those medical records from Social Security were being submitted to V.A.

Edited April 23, 2014 by deltaj

[Navy04]

NavyWife and Delta, Sorry to hear what you guys went thru. I know too much of this crap. I just got a Letter via FedEx, that the Navy wants me to go to Florida for my first TDRL evaluation. I live in Texas, WTH, I don't drive anymore and I don't like to fly. In the letter it states Evaluation for PTSD, WTH, I was Medically Retired last year for Dang Chron's Disease. The letter says that if I fail to go to Exam, my Retirement Pay can be suspended. I don't collect Navy Retirement, I collect VA pay as it is the higher of the two. I don't care if I lose Base Access or Tricare that I can not use anyways because Tricare says we live to far from Dallas. Sorry I rambled on, did not mean to dig into your topic.

[john999]

The VA just excluded my doctor's statement completely. What is sad is that the young, hurting vet who still believes in the system often gets screwed to the wall. The VA has tried everything in the book to deny or low ball my claims in the past. It is only since the internet that most vets could get any information except from half-ass VSO or the VA itself. When you realize that the VA's real mission is to deny claims and protect the treasury from disabled vets you probably have lost thousands of bucks in potential retro. My original claim I don't even remember filing it. I never spoke to a VSO that I am aware of or remember. I was nuts. That cut no ice with the VA at the time.

[Slowlane]

I said it before and I will say it again, an AD campaign needs to be established, not to raise money like Wounded Warrior Project but to get the majority of citizens to demand change.

Example:

Voice over, Pictures of combat and wounded soldiers "SSG Shick fought the Taliban in Afganistan for 2 years 5 months before an IED took his leg and an eye, He waited for the VA to process his appeal for 4.5 years, on December 24th XXXX, he couldn't wait any longer. He lost his leg, his house, his eye and couldn't even feed his family. He blew his brains out with a pistol, at least now his family will get welfare!

You sent him, I sent him, we sent him. FIX the VA its a matter of life and death!

people need to see the uncomfortable facts, AS A NATION WE HAVE AN OBLIGATION THAT IS NOT BEING MET! Until everyone feels a sense of shame nothing will change.

I said it before and I will say it again, an AD campaign needs to be established, not to raise money like Wounded Warrior Project but to get the majority of citizens to demand change.