Any Opinions? - Page 2 - VA Disability Claims Research - VA Disability Community via Hadit.com Jump to content
VA Disability Community via Hadit.com
  • ask-your-va-disability-claims-question.png

    27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • 01-2024-stay-online-donate-banner.png

  • 0

Any Opinions?

Rate this question


Berta

Question

I heard a ruckus went on some time ago at my POA's main office as a vet and his wife were livid over a decision they had just received.My POA

told the vet he was denied due to No diagnosis pf PTSD.The local vet rep involved (my former vet rep) laughed over this as he was the rep who handled the claim.

I didnt get much info however I believe this is his BVA decision.

Any I nuts? Shouldn't the PH have triggered a C & P and an apointment with a shrink?

He didnt get a VCAA Notice either from what I can see.

I have a list of many many of claims at the BVA that my POA screwed up.

If I dont get my Remand by Sept 21, Gov Pataki will get this list.

Any comments on this BVA decision?

http://www.va.gov/vetapp05/files3/0519142.txt

Edited by Berta
Link to comment
Share on other sites

  • Answers 13
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • In Memoriam

Let me get this straight in my head.

Disabled Veterans are like drunken drivers? Disabled Veterans, are not disabled, unless they can spend big bucks to prove that they are disabled. Disabled Veterans, are guilty until proven innocent.

If VSO's believe this hog-wash then that is all the more reason that they should be eliminated.

The poor PH Veteran, in the BVA decision, was denied, because of legal/medical ignorance.

Who ever was responsible for this decision, VSO, BVA Judge/Lawyer, VARO, or AMC should do prison time. If the directive came from higher authority, then the high authority should do prison time. This is the ideal way to handle this mess.

It is my hopes that the laws will change favoring the Veteran.

If the Veteran is declared Legal/Medical incompetent, then why shouldn't the government allow and pay for a lawyer for the person?

Link to comment
Share on other sites

Terry and Stretch,

It is unfortunate that both of you had to go through what you had to go through. As I mentioned before there are exceptions to any rule and I have come to know many exceptions.

Unlike your case, I am a 2 tour Vietnam veteran, with 2 Purple Hearts, a Bronze Star with Combat V, CAR, and a host of other awards; served in 3rd Force Recon, and receive 100% Schedular P and T for PTSD and 8 other disabilities. I did not pay a dime to anyone to be granted my disability, nor did I use an attorney to be granted SSDI. My VA compenstion was gratned to me by the Chicago VA Regional Office which is listed as one of the 3 worst Regions in the country regarding claims.

It is unfortunate that both of you had to experience what you did. But for every bad experience that has occurred, there are 10 more experiences much like mine. Each remaining member of my recon unit is 100% P and Tand all receive SSDI.

I hope that in the future you both end up getting everything your entitled to.

Patrick

Link to comment
Share on other sites

  • In Memoriam

As far as I know there is one person, from my squadron, that is 100%. I have SSDI 100% and this is because of working for 35 years in avoidance that there was any wrong until collapse.

It is obvious that these people, in your unit, worked for a number of years to get SSDI.

To associate any disabled Veteran or Veterans with drunken drivers or a dirt bag you heard about x 100's, just seems discriminatory toward the Veteran right off the bat. This coming from a VA employee, sounds a little fishy and just like what is going on.

Wouldn't it be something if the cpl dug up all of the information, got his medals from the NPRC or where ever, found the general who wrote a statement, and then found his unit members, after 35 years, all of them writing statements that this actually occurred.

The statements were notarized, signed wet ink with this is no BS statement, with his name at the top left of the page and his C-file at the top right hand corner mailed certified. I am not saying that fraud doesn't happen.

Maybe the VA can't stop processing the claim, but the VSO POA can prejudge, throwing out what ever they like; missing time limits; losing evidence and not returning calls or asking the Veteran for any evidence that he may have.

The mind set has to go. We will just have to see how things progress.

I have seen a number of cases where a person has gone to jail for many years only to have the witness recant on her story. The district attorney refuses to release the man, because the system has made its decision.

I even know of one guy who turned himself in for a crime, and when he went to court, was told he already did his time. That is someone else did his time for him.

I have shown up for court prepared for battle on four occasions for traffic violations in the past. The Cop didn't even have the guts to show-up, in front of the judge.

My hopes are that you get everything that you deserve.

Link to comment
Share on other sites

Stretch,

The analogy of court vs the VA is just that, an analogy. It just shows that no matter the public organization the process is slow and burdensome. Has nothing to do with veterans being drunks. I am not sure how that got translated from an analogy to disabled veterans being classified as drunks. I am merely saying if a person was arrested for DUI and the evidence was overwhelming, that person will be found guilty. The same applies to the VA. If the evidence is overwhelming and confirmed, then a rating will be granted. It may not be what you like, but that is what the appeal process is about.

As far a my unit members, there are only 4 remaining including myself. I do know that each member filed claims, waited their time, and each was granted disabilities throughout stages fo their lives. I personally know including myself, that neither of us had to ever file an NOD or request a reconsideration.

I have heard many stories from vets during my time at the Vet Center and when doing C and Ps. You would be surprised at the makeup of some of these stories and the length some go to to contrive them. As for the Cpl, he was prosecuted for fraud and sent to jail. One because it was an out and out lied and he commited it to writing on his claim form. Second, common sense says no General is going to be in a jeep by himself with a Cpl in the middle of the DMZ just see what is there. Most Generals I saw were about 10,000 feet off the ground with a squadron of gunships escorting them.

As I have stated, I am neither anti-VA or pro-VA. I just know in my case I did not have any problems receiving my benefits with exception of waiting the time that we all wait to get them. As for being a former VA employee, it certainaly did not give me any advantages. They treated me far worse than most veterans. Kind of "How dare you be one of us and now stab us in the back" mentality. You can believe that they looked at every "i" and every "t" in my claim. However, I had good information and evidence which precluded any doubts.

As for the claims process, the law is that any veteran can file a claim and it must be processed. Even individuals with Dishonorable discharges can file claims. They will not get anywhere, but the claim is acted on if only at the end of the process the claim is denied.

I found with my lengthy time in the VA, the most common problems in the claims process is usually insufficient evidence, out and out frabrication of some claims, anything on the claim form HAS to be service connected according to the veteran, and veterans who assume the rules or the law do not apply to them, so they attempt to find a way around existing rules and law. Then when they are denied, the scream bloody murder because the VA has screwed them. Yet, by far, the most common problem I have seen with veterans is assuming that the 14 things they put in their claim were automatically service connected. If they are, then a rating would be granted. In many cases the vast majrity were not. Hence, one of the major reasons for the gridlock and time it takes to finalize claims.

The same process applies to Social Security. In private practice I did CEs for people wanting SSDI. I have even had people state to me that their religious beliefs forbid them from working. Yet, that claim must be processed. Thus, for every 2 claims (VA or SSDI) that have excellent evidence and facts, there are 10 more claims filled with just plain simple BS

I am not saying the system is not broken or is not in need of a major overhaul, it does. And I know that in any particular region, there are those 10% of employees (like any other oganization) that seem to fall through the cracks and continue performing their substandard work. I can't speak of anyone else's experience in dealing with the VA or Social Security, but I do have a lot of time within the system to know what I have experienced as an examiner and a psychologist for the VA.

Patrick

Edited by Patrick428
Link to comment
Share on other sites

  • HadIt.com Elder

Getting back to the original subject, isn't there something wrong with the claim, in that had the claimant complained he'd had a "mental condition" that it would have triggered the required C&P being scheduled? By claiming he had PTSD it required a diagnosis of PTSD to win. jmo

Link to comment
Share on other sites

Exactly my point=====

I intend to have the POA look into this claim.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

Guidelines and Terms of Use