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

[Slowlane]

If we were to start a new thread with the heading like this:

SUBJ: My district representative (Hon Name goes here) from (District) and (Regional Office).

And text like this:

Has allowed his VA Regional Office to run unchecked since elected. He has made comments about how things "should be" but never any action that would actually help the Veterans. His Regional Office has no respect for him and runs their show the way they want to. Make sure you vote against this person.

Need some help here but, trying to keep it short.

[Berta]

Just to add......there is often almost no way a vet can overcome a lousy C & P exam....unless they get an IMO.

PS Jon1371 said:

"Berta, I just meant the gerrymandering that takes place at the doctors. The doctors manipulate things and downplay what you tell them."

I agree.... that does happen. Don't forget the VA signs their paychecks or pays the QTC bills.

We would have far more rights if we could file claims in the civil court system.Both sides pay expert opinions in civil cases.

And they (civil plaintiffs) have Discovery Rights that no civil court lawyer representing them ,would ever allow to be crapped on.

[Slowlane]

And when we submit a strong Independent Medical Opinion it gets ignored long enough to run the hamster wheel for another 6 years.

[Slowlane]

This thread lasted 4 days.

[Commander Bob]

We should write up a big list of these common maneuvers VA uses,

Great Idea...

[elcamino_77us]

Berta is right on the money when she says to go through every word.They denied me at my BVA by changing the wording of the Doctors, both mine and theirs. They also used my first two C&P exams even though a previous BVA stated that they were inadequate of rating. I'm in the process of correcting those mistakes.

I scanned my decisions into a pdf file, converted them over to Word, and then changed the formatting to double space. This allowed me to go through each and every statement. When I needed to make a comment, I just used the "Review" section in Word and added a comment. I know this is allot of work but this allows me to find the information I may need later and also allows me to copy and paste later when writing my claims.

Bill