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 

  • tbirds-va-claims-struggle (1).png

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

     

  • 0

Va Is Not A Unified Body

Rate this question


broncovet

Question

  • Lead Moderator

Once you understand that VA is NOT a unified body, it will help.

People often ask, "What will the VA do in x circumstance". Here is a real example:

A veteran submits a claim with a y nexus, an x disability, and z symptoms. He is looking for benefit Q.

1. Regional Office "ST. Pete" denies Q. However, Employee R, disagrees and awards it in the DRO review.

2. Regional Office "Indy" awards benefit Q but assigns an incorrect effective date.

3. Employee "H" of the Cleveland RO denies benefit Q, and loses half the Veterans C file, meaning appeals will take 10 years.

4. Employee "R" of nashville awards benefit Q, but then forgets to enter it into Vacols, so Veteran never gets paid, and has to appeal to get what he should be already receiving.

5. Employee "B" of Buffalo, shreds the Q claim, but awards "R" at zero percent, and reports the Veteran to the VAOIG for travel pay issues. Travel pay issues turn out to be bogus, but employee b is upset and retaliates on Veteran by inserting veterans file into another Vets file, knowing this will cause 10 year delay.

....it keeps going, and this is with the same claim. When people ask, "what will the VA do when"...there is never a consistent answer.

Edited by broncovet
Link to comment
Share on other sites

Recommended Posts

  • 0

Broncovet:

It's all disheartening but hopefully things will get better? Frankly, there's a big effort to make things better but a lot of the employees are being overworked and mistakes are happening? I've have and seen my own problems. Also, there's a great deal of attitudes and behavior that is not very professional. I had a very important exam this week and the doctor paid me no mind and it was clear that he wanted to clear me out of the way for other business. Although I have not seen the results yet, it cannot bode well for my future outcome of the exam. Frankly, I don't want to spend years of appeals when I have robust SMR evidence that supports my contention. As I've said before, I am convinced that most of it comes down to the doctor that you draw for your exam. Hopefully, they are professional and follow the exam rules, but I've learned that it goes both ways and you can't be sure..until you walk thru the door and the exam starts...then you know. Unfortunately, one minor mistake by a examiner and one can spend years and years in an appeal...when a pen stroke could make all of the difference.,

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I always figured if a veteran has all the concrete evidence he needs for his/her claim & to make copies....and just hope for the best! its hard for them to denied but they sometimes do for whatever reason...like I said just hope for the best...I always think of appeals as a game they love to play but its no game that's for sure!

if they would just read all the information put in front of them from RO all the way to Washington DC Veterans Court of Appeals. that would make a big difference in veterans claims.

I suppose were lucky we have the choice to appeal.

I hope some day when a veteran files a claim the VA just assigns one employee to address it approve or disapprove at the RO Level but until some one can think of a better way were stuck in the system.

I agree with rootbeer about the luck of the draw,it can be said about the rater & dro also!

jmo

.......Buck!

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

A good IMO/IME can turn night into day! That is if they read it. In my first claim in 1972 they did not even read my IME. No problem! Just pretend it did not exist, and send my appeal rights to wrong address. This case has been working it way through appeals for 8 years and it now at real Court. I will lose I know it. All they do is to see if they VA &&&^%$ me good and proper according to their perverted rules at Court of Vet Appeals.

John

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

John999

you have an attorney? going that long with appeals you need a good attorney that will tell them to shit or get off the pot.

don't give up appeal Appeal Appeal & Appeal to your last breath.

JMO

...................Buck!

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

As it is now, we toss everything into The Black Hole and HOPE they're working on it.

if it were a just System, our claims would be treated like a court case and we'd have a hearing where both sides could see and argue all of the evidence.

As it is, many veterans struggle in poverty for years hoping for good news any day when, the truth is, their claim has been waylaid or isn't being worked on for one reason or another.

That is a travesty.

Link to comment
Share on other sites

  • 0

I don't diagree with most of the above. It boils down to money and politics and I despise it. You shouldn't have to jump through hell and hoops and get some consolation prize of a disability benefit. I mean don't get me wrong, money is good, unfortunately money is a tool we need to get through life for necessities and a way of surviving, but I would gladly trade it for my health back, keep the money, promise me that, change all my broken parts and stop the pain. Oh you can't do that? Well afford me what I've earned, provide what was promised and let me live out the rest of what's left of my life in peace and somewhat of a normal life after being broken and injured. This VA broken machine will never be fixed, too many people with loose their Bentley's. God forbid a Veteran and their dependents get what they rightly deserve when they deserve it. The hell with the rules, the hell with regs and laws, evidence what evidence.
This is where you get fed up. Zero your weapons. Aquire your targets and eliminate your targets using the law and evidence and shoot them down. Poof red mist. End of story. The snake rears its head, then red dot the SOB and squeeze that trigger. Playtime is over, War is what it is. MHO. Ill go take a happy pill now. Damn the VA, damn the DOL. I'll get off my soapbox. Apologies.

Edited by ArNG11

Mr. A

:ph34r: " FIGHT TILL YOUR LAST BREATH " :ph34r:

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

    • spazbototto earned a badge
      Week One Done
    • Paul Gretza earned a badge
      Week One Done
    • Troy Spurlock went up a rank
      Community Regular
    • KMac1181 earned a badge
      Week One Done
    • jERRYMCK earned a badge
      Week One Done
  • Our picks

    • These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.

      Service Connection

      Frost v. Shulkin (2017)
      This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected. 

      Saunders v. Wilkie (2018)
      The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.

      Effective Dates

      Martinez v. McDonough (2023)
      This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.

      Rating Issues

      Continue Reading on HadIt.com
      • 0 replies
    • I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
      • 4 replies
    • 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.   
×
×
  • Create New...

Important Information

Guidelines and Terms of Use