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Email Backfired


saints13

Question

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.

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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

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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!!!!!!

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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.

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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 by Berta (see edit history)
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saints,

I understand how you must be feeling I think most of us has had the feeling but never give up keep fighting until you win what you so badly deserve!

We all live and learn with the VA has you know now that dealing with the VA healthcare Docs are not what they say in an exam is always true and like you said they add to things, this can be rebuttal & explanation given , your attorney should have helped you More!

can you post the denial letter so we can see why they denied?

cover your name & private information.

Hadit members can help you, if you have service connected disability's & good medical evidence to back them up then you should be compensated for it buddy!

Take some time off and reconsider your claim....Don't let them win, remember your never a failure if you keep on trying.

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

Edited by Buck52 (see edit history)
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Sorry to hear of your hard times bud. When I was Medically Retired TDRL in Feb 13 with 30% from Navy, and 80% VA. My local VSO said that I would never get 100%. In the last 2 years I got 100% VA, TDRL made PDRL and granted SSDI in less than 10 weeks. What I am trying to say if the evidence is there, then the Govt cant argue when there own Policies and Laws say otherwise. I did not submit NODs or Appeals, I just keep reopening the Denied conditions, as there were Bad Exams, Docs did not review evidence, or flat out would not listen. Guess what, with 4 FDCs filed in the last 2 years close to 10 conditions will now all be granted and at high %s. That is why I love Hadit, we are all on here to support and help each other. Good luck and God Bless!!! Please post your evidence and denials on here and I am sure we can figure out what went wrong.

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Thank you to everyone!!!!! It means a lot! I still have not received the denial letter but will as soon as I get it.

I never had a lawyer representing me. I learned through all here on Hadit. I just had a top lawyer I know and top doctors I know look over what I sent in. Lawyer and Doctors asked how or where did I get the information etc or if I had an advanced degree. Told them I learn from Hadit then a lot of researching.

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With all humility, I kind of predicted this. People do not like others going to their boss and complaining. So, when you do they look over your claim with a fine tooth comb and look for any speck to deny. Frankly, they are mad because you went to their boss!

Many years ago, they had congressional inquiries. For a while, people got good results on their VA claims if they contacted their congress critters. Soon, however, VA flexed its muscles and let congress critters know that they were not to be pushed around, and that it pretty much does not help or even hurts your claim to have a congressional inquiry.

Its getting to be the same with an email to bob or Allison. There is a war going on. The middle management (mostly VA execs below hickey, but above most employees, are mad at Veterans and they want to maintain the "culture of denial", as well as their very generous exec bonus structure. The bottom workers dont like it, and the Vets dont like it, and the top does not like it. Still, its the middle management's job to make the decisions on our claims so this is the reason about 85 percent of our claims are still denied on the first go around, and why we wait 4 years to go to BVA, while VA execs collect their bonuses for "effective management".

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I just got home tonight from the additional PTSD C&P exam. This is the second actual face to face exam but the RO office already had the first exam re-evaluated by two different Psychologist that were favorable. The RO called me on Wednesday March 25th of last week to be scheduled in Florida on Monday March 30th for additional C&P PTSD claim, I live in Texas now. To top it off,I called the office in Florida again to verify the appointment and they did not have me in their system after almost getting to Florida from Texas. I called around, researched online and finally found out I was scheduled to be in Mississippi for the exam, so we had to turn around and I almost did not make my appointment. My wife and mother in law are pissed after all that driving. (I can't drive due to right knee reconstruction 2 weeks ago and all the meds the have me on for pain and for PTSD, etc. The C&P went exactly as I thought, the same as the others, hurry up, not listen, etc, etc, etc. Wanted me to take a 370 question test and interview me in less than an hours time. My symptoms were blowing out through the roof and not to mention the cost of driving, hotels, gas, etc and the time wasted and feeling bad for my wife and mother in law doing all that driving.

I wonder what the procedure is to drop my claims??

Or have my case brought back to Texas. My original case back in 1998 was in Texas anyways. I did move to Mississippi for 3 years and did submit a claim and it ended up in Mississippi cause I was informed to mail it to Mississippi but I returned to Texas in last few months, due to issues out of my control and being closer to family again.

I have given up but now do not know what to do. I had 3 or 4 brown envelopes in my mail box when I return home just tonight all Demanding information from me that I already sent in and Demanding all sorts of other stuff. Each letter in the envelope had a typed date of February on it. but it was marked out by hand, then hand written with March 25th date, and it says VA mail room received it on March 19th to send out. So what date is what? The VA is messing with me very, very bad and now I'm afraid. I should have kept my mouth shut and in my own opinion and just waited the 5 to 20 years for them to process it. My PTSD, depression, etc has me spinning in circles!!!

Should I send another email to the Secretary saying sorry for the email and about all the issues with the RO's? Ask to have everything dropped? We all felt good getting home until I saw what they brought me in from the mail box.

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The letters with the dates hand written sound like it was return mail. Meaning they finally found out where you live and resent all the letters. Vha and vba systems do not match up. Meaning you change your address at hospital it won't change at the regional office until viewed by employee. Jmho

Edited by JT24usn (see edit history)
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Keep Your Claim Alive! DRO & BVA Hearings are still taking 21/2 to 5 years. During this time you may get motivated again so keep the Retro date locked in, File your Appeal. If your early on (Small Retro) or your issues are small $$ you may have a difficult time finding a VA Appeals Attorney but give it a try. You might be surprised and pickup some valuable legal information along the way.

Semper Fi

Gastone

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"Should I send another email to the Secretary saying sorry for the email and about all the issues with the RO's? Ask to have everything dropped? We all felt good getting home until I saw what they brought me in from the mail box."

HUH?

I would continue to fight back if I were you.....then again

what did the denial say?

Can you scan and attach the denial here as to the Evidence list and their Reasons and Bases? Cover C file, name, address etc prior to scanning it.

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Folks

At some point, I knew Someone would have a negative experience by this "end-around process" with VA leadership?. I must say that I'm amazed that so many people have been helped and happy when anyone can get thru this process. I am still an optimist and believe that although the system is not a great one, that the people within it are trying to the best of their abilities? But when leadership by-passes their own system, it demonstrates that something is wrong with the entire process which is a broad admission. But this is not something that can sustain itself for very long? For instance, for everyone that it helped , someone else just about to get an answer that has been waiting for sometime...will be delayed? Frankly, those people will never know that they were bypassed or delayed. As I've said, my experience with all of this is that , "It's mainly about the "luck of the draw" and whom works your case as your main rated. I compare my own experiences with others which is one of the best parts of this hadit.com website as well as the excellent advice from experts. I once thought that if one learned the disability system and was proactive, that I could speed along the processing of my claim. But I did everything by the book with exams, SMRs and DBQ and my claim went from one year, then two years and now 3 years to complete based upon what the updates on ebennefits are saying now? I know, that Ebenefits is not the most accurate but Im learning it's pretty darn close in many respects. Frankly, it's like being in a highly adversarial court case in which "we" the Veterans are the "defendants"? But, that said, you must stay focused and ensure that everyone knows that you are not going to quit or give up...or then the Vet really loses. So, I don't like the idea of going to the top leadership for the reasons that I've said, but if 100 vets get assistance and one vet has problems, then the odds are still in favor of vets getting help.....but it sucks for the one vet that has problems and It shines a negative light on his claims....this is not sustainable but it has lasted for several months now so we'll see what happens...in the future...

Edited by rootbeer22 (see edit history)
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Kate7772

Generally, VA will do it because it's either the closest place or they see it as a possible conflict of interest if someone is a VA Employee and if they may work at the same location as the exams are done..meaning the same VA Healthcare System which could be in multiple areas. That said, VA seems to be outsourcing more CP exams now to speed up the process and it may be contracting issue in terms of what is available. Either way, the VA is huge and it does not make a lot of sense for anyone to have to drive for hours and hours to get an appointment for a CP Exam? One outgrowth of this is that a lot of the civilian docs are not familiar fully with the VA lingo and I believe that is hurting vets in term of their ratings.

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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.

What single word did they find?

But when leadership by-passes their own system, it demonstrates that something is wrong with the entire process which is a broad admission.

Good point!

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Mrs. Berta even though it was a long drive, same old exam as usual that they don't listen or let me say anything we were happy it was just over with until we got home and there was a letter saying it was already denied and they needed me to send in a NOD and any new evidence which I did in July 2014. I will be uploading the denial or letter that makes no since to me. It looks like a 5th grader did it and had it sent out.

My c&p on letter and the RO that called me said it was in Florida. I finally found out it was in Mississippi at last minute. And it was right next door to my first examiner. I will upload the letter of where they said for me to go to the appointment. It was a 11 hour drive one way.

I think they were hoping I would miss the appointment so it can be denied. Give me one address to go to when it reality it was opposite direction a few hundred miles that we had already passed by.

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One thing that would make my husband angry was if I backed down in an argument when I knew I was right. He would always snap, "Don't you back down!"

This came in handy when dealing with the VA after his death. Sometimes when I got so frustrated I wanted to just give up and live like a "normal person" (i.e. not spend every spare moment studying the how to win the VA game in the so-called non-adversarial system), I would hear my husband's admonishment - "Don't you back down!"

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