Question To Vets: Have You Had A Va Doc Give You Legal Advice? Discourage Your Claim? Lie To You? Please Post Here And Tell Me About It.

[Crist.esq]

Hello everyone!

I am attempting to do some research on a topic that I think is far more pernicious and harmful to us than the entire recent VA scandal. I am a vet and I have represented several vets who have had several similar complaints to my own. Doctors and other VA medical staff have given out legal advice, discouraged disability claims, and are generally acting inappropriately (and arguably, illegally).

I am trying to determine if this is a widespread enough issue to warrant further investigation.

Specifically:

Have you had a VA Doc give you legal advice?

By this, I have heard reports of VA Doctors and medical staff say things along the lines of "You shouldn't add <insert new disability> to your claim because it will take longer to get your decision!" or "You already have 50%, if you get <another disability> rated at 30%, it will not increase your total disability rating!"

This is, arguably, illegal conduct (unauthorized practice of law) or at the very least, harmful to us vets. So please tell me if you have had a VA medical personnel tell you what to do or what not to do with your claim or give you any other advice that you believe may be legal advice.

Discourage your claim?

Have you had VA medical center personnel discourage you from making a claim, appealing your claim, or anything else that is discouraging? Perhaps something along the lines of "You already have a 50% disability rating... why do you need more?"

Lie to you?

I have heard stories of doctors directly stating lies or misinformation ranging from: "You cannot sue the government." to: "You're at 50%, if you get another disability rated at 30% it will not increase your total rating..."

Please tell me your stories!

Thank you in advance.

[Vync]

I have a little different question regarding advice. My first claim for service-connection was made about four years ago. Knowing nothing about the process, I chose to use a state DVA rep to handle my claim. The rep was totally optimistic and helpful throughout the entire process and I ended up winning my claim. Now, four years later, I went back to the same rep to file a new claim and his attitude was polar opposite. From the moment I walked in his office and started speaking, he showed nothing but pessimism. I explained my current claim and it seemed like he was doing everything he could to talk me out of it. When I insisted that I wanted to file the claim anyway, his response was, "I'll file whatever you want, but you're not gonna get it." I should have walked out right then, but I didn't -- I let him file my claim. The following day, I asked my primary care doc for his professional opinion and he wrote a "more likely than not" nexus letter for me. That sorta blows the VSOs advice out of the water.

My question is this: considering the completely (and unnecessary) negative attitude of my rep, are VSOs possibly being compelled in some way to discourage new claims right now?

Hi Byte187,

I have no idea if they are being compelled to discourage new claims. They could just be overloaded and burned out from the significant increase in people needing their services. I went to a downtown Birmingham VA state office and it felt like I was trying to register a vehicle. I went to offices in two adjacent counties and found the wait was much better.

You have to realize that getting initial SC is often the toughest part of a regular claim. Putting in for an increase does not require the same burden. I don't see why this dude complained.

I had one non-State VSO who was absolutely world-class, but she retired. I would use FanaticBooks guide here on 'how to assemble veterans claims' and make sure everything is clean and ready to go. I would then take it to the VSO for review and comment. I tried the same tactic with her replacement and was told I just needed to submit one form, no letters, no treatment records because they already have it. Very pessimistic. I fired him and went alone for a while, but went back to my state rep at the end. My local rep did not have much interest in verifying my documents, but the rep at the RO sat calmly and we went through everything page by page, and commented that if everyone had their paperwork together like that then he would be out of a job. I still use my local state reps for other things, like education, dependency, champva, etc...

I realized that the only person who had a genuine interest in my claims was me. I did not want to trust a VSO to submit inadequate documents. I made the decision to spoon feed them what they needed and trust their experience and guidance on my submission. When a VSO sees a person come in with a 'ready to go' packet, it could be an opportunity for both to learn something.

[lotzaspotz]

I went with my husband for a C & P for a lumbar condition. We got the "you're already at 100% overall, what more do you want?" speech from a PA conducting a C&P exam. I had to explain that the issue was the effective date. Then, we received the, "you know, every time you apply for an increase, you risk a reduction" speech. My response was that we'd let the evidence speak for itself, and that pretty much ended that line of conversation.

[retiredat44]

I have never had a VA doc do either, neither help me support it, nor discourage it... in fact, when I had 100 morning consultations with expert doctors in pancreas disease, (every morning a briefing at my hospital bed for 6 months) they asked me about exposure to stuff for cause, I told them that it was chemicals not alcohol. They accepted that,, I am damned sure they put that in their reports... but never did any doctor at the VA reach out to help... or say not claim anything,,, no word at all about such matters. Even when I bring up the subject of claims... they seal their lips like they are under orders to not talk.. which I cannot understand.. you would think they would help... maybe not directly,. but at least help in any way...

Edited August 11, 2014 by retiredat44

[deltaj]

In about 1993 my husband and I was told by a representative of DAV Oakland that if he kept pursuing his claim for increase he might get reduced. Unfortunately, that representative had failed to ask my husband what disability he was getting Social Security Disability for. My husband was receiving Social Security Disability for the same condition that he was service connected for from V.A. and was receiving V.A. compensation for. I found a court case that V.A. had to consider Social Security medical records in support of a claim for TDIU. My husband submitted his medical records from Social Security in support of his pending claim for increase and got a 100% schedular rating so this rep from DAV was wrong.

Edited April 30, 2015 by deltaj

[Guest]

I had a senior VA psychiatrist who was treating me say I would never get more than 30% and I am TDIU P&T with Housebound SMC for the last 13 years. I did have a doctor who did my Agent Orange Exam tell me to file for the conditions he listed. I did file for those conditions and got them service connected eventually. The thing is that the VA ignored the AO exam and gave me a effective date of about five years later. Why bother to get the exam if you have to file for it using more medical evidence and go for a C&P exam? Back in 1997 I had a C&P doctor write that I was faking my symptoms because I had a college degree in psychology.

John, what a flash back. I had a senior psychiatrist write on one of my C & P exams to properly evaluate my mental and physical conditions that VA should do a complete mental and physical C & P exams. He stated this after I did my Gulf War Exam and read where the doctor listed most to all of the condition as presumptive. VA denied all my claims but then awarded them either directly service related or secondary and now I am 100% schedular P &T. What screwed my claim the first time, was I had a NP(nut) write I had Somatoform Disorder NOS.

[Buck52]

Years ago 20 I think?...I ask a VA Dr this question to a VA Dr without even mention compensation.

I ask the VA Dr about my arthritics in both knees if I could have got that from an old injury when I fell off a truck bumper while in Vietnam and landed on both knees....severely bruise both knees....well years later I got a VA diagnose that I had acute arthritics in both knees and I ask her if the injury could cause my arthritics in my knees?

The VA Dr said ''no I don't think that has anything to do with it and your not getting compensated for it...

WTH?

I never ask to be compensated for it ,

I ask if it could be the cause of it...and in the report the VA Dr just lied about a lot of other things as well some of the things said in her report was never said while I was being examined .

So VA Dr's are very untruthful .

& against a veteran from being compensated.

what does it matter to them? there not the ones that was injured.

.........................Buck

Edited May 2, 2015 by Buck52