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

[confusion99%]

Back to the original point of this thread which was how people got screwed by the VA decisions. Back in 1977 I was retired due to heart problems causing angina. I was awarded 30% for the heart problems. A year later, they decided that my heart problems was not service connected because there was insufficient objective evidence of a problem. They said they sent me a letter stating this, but I never received it

. Since I was getting more money from the Navy than I would have received from the VA, I did not deal with VA. Fast forward to 1993. I had a reason to go to a VA office while overseas. The base had closed so I had no access to meds except on the open market. While at the VA clinic, I ask if they could give me a 3 month supply of my heart meds. They came back with a copy of that 1978 letter and said I had no service connected heart problem rated so they could not give me the meds. A few weeks later I was back in the states in the hospital at a military hospital. As they normally do a DAV or Texas Vet individual (don't remember now) came by and we talked about anything I could file for.

I relayed the story and I reapplied to open the case. Bottom line, all I got back was a copy of the same letter and a denial to open the claim. Said I need new evidence. Fast forward to 2002. I again was in the hospital, again a rep came by, Again I mentioned my issues. He said I could add DMII for a claim because I was boots on the ground in Nam in 1966. They denied saying there was nothing in my records that showed I was in Nam. I explained I was TDY to our Det. located in Danang, to check my TDY orders vs PCS orders. They came back and said there were no TDY orders to Nam. Denied claim. I had no copies of my service or medical records as an X-wife burned them all in her fit of rage, one of many.

But fast forward to 2011. I was digging through a box of papers that came from my mothers house after she passed. Found a copy of one of the TDY orders. Reopened claims for the DMII and the IHD....Amazing how the soon 9 days later found copies and verified I indeed has the TDY's to Nam in 66. I was awarded for both after 2 years, but low ballled on the the DMII. I have also had a claim in for increases and IU since 9/13...They have ignored DBQ's my doc filled out and sent me to QTC C&P's . Also had already sent multiple evidence from my cardiologist. Still waiting for that to close out..

.At present have lost any hope it will be approved and mentally working on the NOD so I will be a few steps ahead of the game. Next I need a recommendation if someone can make it for a DOC to do and IMO for me who is cardiologist or can do IMO for IHD that will fly. I also have to keep working on trying to get old medical records. I sent away to NPRC or whatever that place is called for my records, but they did not send me any of my Activeduty records, only 20 years of medical archived from the Hospital here. That was about 1500 pages, but nothing for when I was on active duty in and out of Balboa hospital (Navy hosp. in SDiego) or any other active duty records. I don't know who to contact to try to get all those records from 1964-1977. Will keep searching. I've also been unable to get a copy of my C-file even though I have requested one each time I have driven to the RO in Houston (3 times). The battle goes on.

I also agree now would be a great time to get as many people together who have complaints and maybe then as a group approach the local TV stations in an area. If 50 Vets approached a TV station right now with VA crap stories, I bet most would make the news. People could make contact on here by listing where they are and maybe work a 100 mile radius around a hub to gather people to that area. Then set a date and all show up at the TV station News room saying we want to tell our story. If one or two people could pretty much take charge might be able to herd the Cats at least to the TV station.

[Commander Bob]

Personally I feel everything starts with the one and only submission of

an ORIGINAL claim and the issues and evidence contained within.

Then the hamster wheel starts with the first denial or lowball -

we get the decisions - get pissed off - many say - F it and walk away . . .

when in reality they never got past the Evidence and Reasons and Bases Sections -

which pretty much tell you right there - exactly what is required to succeed.

Then come back years later - no timely NOD was submitted - they have not kept up

with continuity of care and have no paper trail filled with N&M evidence to re-open.

I know and surely agree none of us should have to become lawyers . . .

but when we file ourselves - or get a non committed VSO just plugging in claims,

I feel that even with all of that - ultimately WE shoulder some of the burdens of

claims failure also.

Hell - I've seen so many 526's that basically stated something like -

I fell off the back of a duce and a half while stationed at Ft Benning, Ga.

back in 1963 and my shoulder has hurt ever since then.

It just burns and aches all the time and I think it's related to that fall.

I really need the help and appreciate your attention to this matter.

Now that might sound like horse poop - but anything like that true story -

we are not doing our part.

I see so many claimants just fueled with fire about their worthless VSO -

do we not bother to read and research what we do and sign on our own behalf ?

We GIVE these VSO's the legal right to DO or NOT DO, whatever the heck they desire.

We are a smart bunch - even when we are sick, we need to put time and effort and education

into our claims / issues FROM THE GET GO.

This is just one of my thoughts and things I too have learned the hard way - and I do not mean

offense to anyone.

Filing claims in some ways to me - is like crossing a busy street . . .

Look left - look right - then left again - look to see what just might hit you AND WHY - before you send it in.

Block a poor decision from the get go.

I feel many times we get caught up on - hurry up and submit that claim to get your effective date

locked in - well if your going to do a poor job on the research, gathering of evidence and submission

of the claim - that earlier effective date may not matter for decades and having to fight the VARO for years,

then the BVA and maybe all the way to COVA.

Yes, we are a smart group and in working and teaching together - I feel we get better results.

I'm a bit exhausted tonight and hope this came out in an understandable way.

Like,

Cmdr.Bob

Edited May 23, 2014 by Commander Bob

[Commander Bob]

"I feel this thread will die a slow death..........I forget who said something like "getting Veterans organized is like herding cats"."

LOL, Berta. "getting Veterans organized is like herding cats"." Yes it is...

In the 1980s I helped organize a group of Vietnam vets carry an assortment of flags, and march from the Alamo, to Washington D.C., to bring attention to the POW MIA issue. We left the Alamo in SanAntino, TX in September and arrived in DC on November 11th. It was a logistical challenge, due to the law that you are not suppose to march on an "Interstate" HWY. etc, etc... I would run up to the next state we were about to enter, and get the governor to sign a proclamation, supporting the vets. I would also pass out "press kits" to every newspaper &all the TV stations, a few days up the road ahead.

"Herding the cats" was a real challenge.. As we marched up the hwy, cars and trucks would honk in support, and every time the vets, in reply, would throw up their fists. By the time I helped get them through Texarkana, I had the vets wave their hands back instead of throwing up their fists, when the vehicles passed and honked in support.

Cmdr. Bob

Edited May 23, 2014 by Commander Bob

[TLaff]

They had changed my rating from IVDS so they do not have to rate me at a higher rate and without notifying me for one and second, claimed they never received evidence that i had sent in and was time date stamped so i had mailed and faxed every three days until i recieved a letter telling me to quit sending and they still insisted they never received the evidence. I then asked for a copy of all my paper work and sure enough it was all in the file with a few copies of each which they still said they never received but what can you do?

[Slowlane]

You have been treated very badly. The end of your rant "but what can you do?"

You can vote against whomever is in office now because this happened on his/her watch. And just for fun, make sure you tell them about your vote as well.

Thats just one thing you can do. Are you motivated to do more?

[Berta]

"Are you motivated to do more?"

I certainly am motivated and doing more.....and it will affect my time here. It already has.I read very few posts these days.

I have contacted vet malpractice lawyers and news outlets. My experience is unique in many respects, as a surviving spouse,regarding the claims process as well as the wrongful deaths of these veterans......

I am waiting for an IG response , to prepare a letter to H VAC Chair Miller among others

But I am a civilian.

This will take action from veterans themselves ,if any of VA's deceptions within waiting lists or the claims process will finally come to light and if the VA will change.