Jump to content

Ask Your VA   Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
 Search | View All Forums | Donate | Blogs | New Users | Rules 

  • homepage-banner-2024.png

  • donate-be-a-hero.png

Whistleblowers Get Cash Relief


Berta

Recommended Posts

http://www.disabledveterans.org/2015/01/22/va-whistleblowers-get-payoff/

In part:
"This Tuesday, VA announced it is offering payoffs to VA whistleblowers who faced retaliation nationwide after filing complaints about wrongdoing at VA hospitals and clinics.

The move is a great step, but what about retaliation against veterans in the health care system who were also retaliated against after filing complaints, too?

Last year, VA sent and offer to three Phoenix VA employees who faced retaliation after blowing the lid off illegal and fraudulent scams engaged in by other VA employees. The new round of relief offers is sent to 25 VA employees. This includes a doctor formerly associated with a Maryland VA clinic who was reprimanded after reporting crimes against veterans."

Ben makes a great point in this article.

MANY of us, who have aggressively complained about VA had been retaliated against.

I feel strongly that this is why I spent 14 years over 2 claims in a backlog and have Never received a proper decision from my RO , without fighting for it.

It was never a question of my evidence.

They simply never read it at all.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • Moderator

Exactly, Berta.

IN Dec., 2008, I sent the VA a "Request for special handling" due to the likeliness I had evidence shredded. I also complained to the VAOIG about the shredding, and they substantiated my allegations but told me to "Tell the RO your evidence was shredded".

In other words, this is like the VAOIG telling the rape victim to report the rape to her supervisor who raped her.

In retaliation, the VA ACTUALLY SHREDDED my "request for special handling". No kidding, I have a copy of it, and it is NOT contained in the Record Before Agency (RBA). They also put me on the hamster wheel, for 6 more years, refusing to comply with the BVA remand. I consider my Dec. 2008 letter, along with the VAOIG report of my complaint, probabitive evidence that I did, indeed submit paperwork that I said I did, and the VA shredded it.

Ask nod has some good stuff (20 different articles) on rebutting VA's "presumption of regularity". In other words, the VA is given a free ride..everything they say is assumed to be factual and the government official mailed what they said, and you, (the Veteran) are a liar, that you never mailed in the documents you said you did.

Here is one:

https://asknod.wordpress.com/2014/11/09/cavc-proffer-v-mcdonald-tailoring-the-presumption/

And here are all 20 articles Ask Nod has on VA presumption of regularity:

https://asknod.wordpress.com/category/presumption-of-regularity-2/

Link to comment
Share on other sites

  • Moderator

Berta, I like this. This is good news. The VA kept its employees in line with retaliation, and the threat of it. Now, the tables are turned and I hope this is for real...that whistleblowers do get cash for turning in their supervisors who try to hush up their crimes.

Link to comment
Share on other sites

where is the united states attorney general in all of this? why arent people being prosecuted? Why do federal workers get to be fired or relocated and are immune from criminal prosecution?? Homicide thru gross negligence would seem like a prosecutable offense, and that is what happened in Pheonix??

If an electrician decides to leave live wires exposed because he is too lazy to cover them, or doesnt want to pay his workers to do it and someone get electrocuted and dies, he can be prosecuted for gross negligence..

The same law should apply to a doctor, adminstrator, ect,

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • RICHKAY earned a badge
      One Month Later
    • pacmanx1 earned a badge
      Great Content
    • czqiang1079 earned a badge
      First Post
    • Vicdamon12 earned a badge
      Week One Done
    • Panther8151 earned a badge
      One Year In
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use