Email Backfired

[saints13]

Short story I was hearing all the success stories of emailing the upper command. Well it did get attention but the wrong attention. They went as far to find one single word on certain evidence that denied the whole claim when the claim was solid as a rock. IMO, etc. For me at least they denied the claim fast instead of years, then I would have had to file a NOD, review, DRO, BVA, for it to be denied etc again.

All I can say is if you use any VA healthcare at all plase check all your notes carefully. Things are added, things are left out, etc to make it ripe for a denial.

I'm very happy for all the success stories, stand behind those that choose to wait it out or what anyone decides to do. I love this website and it has helped me out tremendously but in the end it also pissed off someone really bad. Now I'm stuck, and have to quit as I have no faith in the VA, have no more energy, patience. Someone once told me to pick our battles wisely.

Again thanks to everyone on this site it is remarkable and full of information! My conditions only have worsened during my short time compared to many of you that have tons of years, in fighting the VA.

It is like the lottery to me, some win and mostly all lose. Just please, please pick your battles, insure every VA note is 100% accurate, if not get it fixed asap cause it will lead to a denial for sure. Good luck to all and God Bless everyone.

[Valhalla0321]

I agree

[MarkInTexas]

Saints,

Thanks for your service to our great nation. Perhaps after a bit of time, you might be able to go at this in a different manner with some other strategy. Relax a bit and take it all in, and hopefully you'll discover another option. I wish you luck in this and in life.

Mark

[saints13]

Thank you very much Mark!!! But I'm done. Will continue to use VA for healthcare as that's all I can get right now. Not to offend anyone at all but I'm leaving it up to God. If a solid claim that was looked over by lawyers, doctors, etc that had over 15 to 30 years of experience got denied then it was meant not to be.

The scary thing is I had solid proof in writing, over the phone, etc that VA made an error. The VA rules are all written so no matter what they win on a certain cf123 or something. Just like the lottery or gambling, the House always comes up ontop. The few winners does not impact the overall success of the House rules.

Hope you and everyone has a great night and a great rest of the week. Tomorrow is a NEW day!!!!!!

[Berta]

I had the feeling that when my VARO called me, days after I emailed Ms. Hickey, that they had already made a decision on my claims.They said all they needed was a signed 5103 letter.

They were immediately denied.

That is one, the CUE, awarded the proper 100% 1151 time frame, exactly what I wanted...but made a statement that the 6 months accrued I got in 2012 was the only accrued due me....what regulation says that????/ none do

if you fully believe they were wrong...(my other denial caused me to contact the OGC,it was that bad)

fight back

One of my claims was for an HBP accrued award under 1151.

I was not sure if they would even accept this claim....but they did and I got a ridiculous medical statement as to why they denied.

They basically went against medical evidence for my FTCA case, from VHA (VACO)that already proved my husband's HBP was malpracticed on for 6 years, by their use of a contraindicated medication.

I search for any BVA decision whereby a VHA opinion was over ruled by any VARO medical 'review'..I dont even think a doctor ,PA, or nurse reviewed the claim.

I have been a VA claimant many times over the past 20 years and will not accept ANY BS I get for them, that is not based on established medical evidence and VA case law.

I wonder what my RO thinks now, after the news on Candyland came out- Tomah, VAMC ----33 potential deaths DUE TO their meds....

If the family members FTCA them and get a favorable VHA opinion,t hat meds caused any of these deaths , does my claim mean that some clown at a RO level can say it isn't so to them or to any other claimant who has a medical opinion from a top notch cardio doctor or with any other expertise ?

This is unreal...I thought about every possible way they could try to deny my claims, and what I would do next......

I had evidence to combat anything I thought could be denied

But they sure surprised me.....

These denials have no basis in medical fact or VA case law. They pulled non- existent rabbits out of hats full of VA crap.

I regret you seem discouraged but they would have walked all over me and many many vet claimants here, if we didn't fight back.

I wonder what they will do at VACO with them....

Look for a VHA doctor to go against the other VHA doctor?

Once they state something in a denial or even an award letter that holds errors, they are stuck with it.

But they hope we will not even querstion their errors, and hope we won't fight back.

[Berta]

I forgot to add, I emailed Ms. Hickey back with the emails and info from the phone calls I got from the Director of my VARO.

And the exact way their denials were wrong.

This is the only way the top echelon of VA knows what really goes on at the RO level.

And, as I told Ms. Hickey, claimants didnt cause the backlog, the Regional offices did, through stuff like what many of us have had t appeal, and years later get a BVA award, because we were right in the first place.

I dont know how I got to VAco, maybe Ms. Hickey advised th Director to send my claims there.

The director even 'forgot' to send me a copy of their 'medical review' because she said the claims had left their RO already

I was elated. At VA Central they can read.

Edited March 31, 2015 by Berta

[Notorious Kelly]

I'm sorry you ran into this disappointing snag, saints, but if you keep fighting you will win.

Maybe take a break, then heed that haunting thought in your head that you don't want these bastards to win, and come back with renewed vigor.

We'll be here.