Should I Report "hostile" Va Employees?

[broncovet]

Recently I received an email from a contemptious, even hostile VA employee. At this point, Im not mentioning names, or even the RO.

I should mention that I am also in contact with the "very top levels" of VA, because my issues have gone on unresolved for more than 12 years.

The email I received was correct as far as what was available in my cfile. However, I know that my cfile is incomplete or has been shredded of at least 300 pages of evidence. How do I know this?

I have received 3 copies of my cfile over the past 12 years.

One was the RBA from 2012 another was 2009 and one in 2006. The 2009 version was 300-500 plus pages smaller than the 2006 version, even tho I had added evidence in 2009. I was stunned when I received the 2009 version because it was only about 300 pages, when I knew for a fact, my cfile exceed 1000 pages of evidence over that period, because of the 2006 version.

At issue is the effective dates, and whether VA is going to make good on Dr. Peake's promise of 2008 that "employees would be held accountable" and Veterans would be "given the benefit of the doubt" in regard to VA shredding evidence.

So far, VA has succeeded in "hushing" my shredded evidence complaints. Since 2008, I have had 2 RO decisions and one board decision and "not one" of these even hinted at my 2008 request for special handling due to shredded evidence.

I recognize, if I open my mouth, that VA can/does retaliate. Still, I realize I owe to other Veterans, and myself, "cleaning up and taking out the trash" of Va employees who are hostile/contemptious toward Veterans they are paid to serve.

Based on hadit posts, there are very few, if any Veterans besides myself who are "holding VA accountable" for the shredding incident. Many

vets either are unaware they were denied or got a later effective date because of shredding, or, they simply chose not to do anything about it, and just settled for what VA "gave" them.

I use "gave" in quotes because, there is no doubt I "earned" my VA benefits.

vets earn their benefits in the same way va employees "earn" their compensation, and health insurance benefits. I dont get any Va employee benefits because I dont work for VA, and people who did not serve dont get

va health, or compensation benefits.

I would like others opinions on whether I should persue this, or just drop it like pretty much everyone else. I think this is kind of the problem with va.

va pulls all the shennanigans, in part, because "they can".

they get away with it over and over and over, because vets were taught to suck it up, not complain and go on. In the civilian world, this is largely not so. If we buy something at walmart or burger king that is unsatisfactory, we can go to the store and most of the time they simply refund our money or give us a replacement.

This new "ask Bob" emails seem to want to put this feedback back into

va which has been lacking..since forever.

Your thoughts are appreciated.

I think Berta has done fantastic at holding va accountable. If she does not like the decision, she tells em exactly why. I love that about Berta. However, it would be nearly impossible for va to "undo" any of her benefits, since her late husband is deceased and can not improve and be subject to a reduction.

My health is not improving either, but that does not necessarily stop va from trying to do a reduction as many vets have found out.

reductions for retaliation purposes need to stop

[RSG]

I feel like the VA will retaliate against me because I won the CUE in my claim that dates back until MAY 1969... I think this is standard procedure...I think they are really going to start messing with me..

[georgiapapa]

RSG,

I would think any VA employees who are familiar with you or your cfile would think twice about messing with you because of the fact you did not give up in your battle with the VA. If I was a VA employee, I would be thinking "I do not want this guy mad at me." The VA employees who screwed up your claim are probably worried about retaliation from you and discipline from the VA. JMO

Good luck and enjoy that retro.

GP

[Berta]

I think I have been on a shit list since a vep rep told me they had 1151 written all over the outside of my C file.folder.,in 1995.

That is a good point Broncovet:

"However, it would be nearly impossible for va to "undo" any of her benefits, since her late husband is deceased and can not improve and be subject to a reduction."

And that is exactly the point I am fighting with them about currently.

With 13 pieces of evidence, from Voc Rehab, a former VA sec, some stuff from Senator Damato , STudent Loan waiver signed by VA doctor, etc etc all stating the veterans 100% stroke (under 1151 was Permanent and total)

the Director of my VA , in her last phone call ,still tries to get me to accept that his 1151 100% was a "temporary" rating.

Yet they paid 6 months of accrued, up to the date of a C & P exam I was present at, with a VA neuro (never mentioned as part of the above evidence,) who declared him 100% P & T due to the stroke within minutes at a C & P exam because she had read the MRI results., results that show he could never recover, and also the medical evidence shows, they never treated him in a way that would even lead to a recovery, thus the 1151 stroke award in 2012 (prime facie malpractice)

I DO understand how reluctant any vet is to fight back, because believe me, I went through that myself when I FTCAed them..

They also could have easily never properly resolved his 2 pending claims over 20 years agoand he could not speak for himself because he was dead.

But I was raising my daughter alone at that point and I sure didnt want her to view me as someone who would not stick up for my rights. At that time, 1995, I never dreamed she would join the Military 2 years later, and she became a highly decorated veteran herself

( who VA even tried to screw over her Chapter 35 entitlement date. The dopes forgot to add 7 years of her Mil service to the entitlement date, and she sent them copy of her DD 214 and filled out that section properly.

I am going to share part of my most recent email to Ms. Hickey with you: She replied immediately. advising me what to do.

"(this is not the HBP 1151 claim, this is the 100% CVA 1151 CUE claim and Ms. Mallia told me both claims had been sent to Jeff Henderson at VACO)

John Wagner verified every piece of legal evidence I sent was there and would be considered.
It all went, as I understand the emails, to Jeff Henderson at VACO....both claims.

On Feb23,2015 I signed and mailed to the Buffalo RO the 5103 form John Wagner had asked me to send.,listing again the legal evidence I had sent..for this specific CUE claim.

NONE of my legal evidence was considered at all by the RO in their March 6th, 2015 denial of that claim.

The ratings were wrong but still the 100% under 1151 remained unchanged and I am still eligible for an accrued award.

I dont think this VARO comprehends that when medical and legal evidence involves a veteran with a 1151 100% or SC 100% rating, the veteran's death makes that rating Permanent and Total

(unless the VA can somehow completely cure that 100% disability the day before they die.)

How do I get my.evidentiary rights honored per 38 CFR 4.6. as a claimant
and, more importantly,
how does any claimant at my RO, similarly situated ,
as I assume I have not been an isolated case."

That was part of it ,verbatim,and I did what she suggested I do.

But I certainly have my personal concerns as well.in a different way (I editing them out...not appropriate here)

And since the director of my RO thinks his 1151 stroke (contributing to his death per OGC, FTCA, 1151 award in 1998, death certificate, and autopsy, was NOT permanent and total, next thing they could come up with is that he isn't even dead and then try to mess with my DIC.

And then I will be on FOX news HAHA

I DO understand why veterans hesitate to fight back, but where would we be if many of them didnt and those Precendental CAVC decisions would not be available to protect us.

And people like Kurt Priessman,and James Cripps, up against all odds, fighting back for themselves, and then seeing how other AO veterans benefited from their success,with awards they still would not have without the work and research of these 2 vets..

Like Beverly Nehmer and the widow who inspired the Bonny CAVC decision probably did, , I had many moments of fear and despair too...long long ago.,dealing with the VA, before I ever saw a VA dime,

even having moments of doubt over my FTCA evidence, which was way beyond the realm of Equipoise.

But Fear is a crippler. I dont have it in my vocabulary any more.

I have 38 CFR . and evidence and That is all I need.

Edited April 10, 2015 by Berta

[Fat]

"NEVER GIVE UP"

[Navy04]

Sorry to hear of your issues bud. That is why I requested 3 complete copies of my Records before I left Active Duty. I have had over 30 C&Ps in the last 2 years, and each time the Exam Docs claimed no access to CFile. So I would get my records together for what conditions I had the Exams for, and make the Docs look over it. Of course I had a few that did not want to look at the records or accept them, but others actually broke them down and was even diagnosed with other issues. The Sad thing is that is should not be a 50/50 battle with the VA all the time. I get if the VA or the Govt goes after the FAKERS or USERS of the system, but how can they keep BULLEYING us Vets, when we did not ask to be DISABLED, and we place the EVIDENCE right under their noses, or it was there all along. Good luck and God Bless!!!

[Berta]

Speaking of Fakers, I just got this from the AL:

http://burnpit.us/2015/04/trio-stolen-valor-phonies