ptsd Possible Targeting And Abuse Of Power By Waco Rater

[josef7070]

Five years ago I began my disability and compensation claim not knowing what to do or how to write it. Since then, I have been through three denials and a small service connected rating only due to the fact that I did not know how to even begin putting together my claim. I was unaware of this site, or even that sites like this one even existed. Through this time, my family has suffered like most vet's families that go through this emotional roller coaster ride. So, last year after being denied again because the VA could not connect my diagnosed disability to my military, I sent a Form 9 requesting an appeal. I re-opened a claim with new material in August with four contengecies and waited. So, I received a phone call from the homeless prevention office in Waco, an RO VA employee in early October 2014 and she reviewed my appeal and my re-open and told me that I had enough evidence, at least in her opinion for a 30% service connected in one contingency. She advised me to close this re-open and to re-re open with a faxed signed letter to her, stating that I wanted to withdraw a broad Gulf War Syndrome and re-open with PTSD TBI Sleep Apnea and Anxiety, in which I am diagnosed with PTSD and Sleep Apnea and Anxiety.

To keep the other contingencies in appeal and to move forward with this re-open. I added more evidence and my wife wrote an emotional letter, harsh but not derogatory by any means of the word, as well as my mother. After words, in three months after being flagged hardship, I received a determination of 50 non service connected. I inquired my VSO and she told me that the rater was not able to connect my disability with my military again. I was devastated, so my wife and I have an attorney friend who with another attorney friend and my Vice Commander at the legion sat down with my and helped me prepare my stressor letter which was detailed with CFR codes and attachment to back up my disability. I also reached out to three supervisors and they all wrote good buddy letters. I also attached some court documents. I also attached all the Operation Sharp Edge, Operation Desert Shield, Operation Desert Storm, Hurricane Hugo events, all official through FOIA which I had requested in Feb and they sent it to me. My wife and I started to probe and ask questions and realized that the rater was leaving notes and possibly abusing her power because of my wife's and mothers emotional tough love letters, and probably offended her when we had CFR and FCR inputed in my stressor letters. Just last week, after reading this forum, and thank God for all of you and Ms. Berta who has help me so much in the past, I sent a email to the Secretary of Veterans Affairs as some of have. I received a reply, I know that it wasn't from Secretary McDonald but none the less it was a reply stating that they have forwarded my email with instruction to contact and fix the problem. I received a phone call from a helpful lady at the RO giving me an appeal date and, apologizing because it seemed as thought someone was moving my appeal from video conference to travel board and all of us know that travel boards wait time can be longer, she did not want to comment on who or how, but to help me, and she did, she gave me an appeal date for next month. She also told me that my claim was very strong and I should receive a decision in two weeks, the latest and she had received the letter from the Secretary and she confessed that she was instructed to call me. It gets better-no actually it gets worst. I was content to have this five year ordeal over.

But, two days ago, the RATER her self called me, and advised me that she is ordering another exam. I wish Berta and all of you could have been on the other line to see how condescending and rude she was. I told her that I just got through exams last year and I feel as though it was not warranted and that she was targeting me. I asked her if she had rated my claim last time, she said "yep, I rated your claim last time". Wow, I also asker her if she had received instruction to call me or had she read the letter to the Secretary, no answer. I buckled up and told her that I did not want her rating my claim and that I request another rater because I feel that she does not have the best interest for me, which I learned through HADIT, thank Goodness. I also told her that I will not take another exam and that they can rate my as is. She told me that she was going to let her supervisor know and that someone will be in touch with me in the future. In the future? After waiting five years. I have been doing some investigation and realizing a lot about these raters and their attacks on veterans like what happened to Ms. Lauren Price as she testified in a Congressional Hearing almost identical to what is happening to me. Comments from you brothers and sisters in HADIT? Any recommendations? Sorry for the long write-up......

[Navy04]

Sorry to hear of your issues bud, as I know too well. I have had 4 FDCs in the last 2 years, and of course all thru Waco. My current FDC was filed in Nov 14, went to Prep for Decision from Dec 14 thru Feb 15. Then status changed back to Gathering of Evidence, VA not only requested over 8 C&Ps at 2 different VAs, then they Decided to Review all of my HIGH %s, including my PTSD, even though none of them were to be Reviewed until Feb 2016, WTH!!! Those Review Exams were Brutal especially the PTSD exam which lasted close to 3 hours. Well Guess what that backfired in the VA's Face, not only are my High %s going to continue but a few are going to actually Increase, and my other 8 exams, look like those will be granted SC as well. I am only 33 so the VA is going to BOTHER, ATTACK, and CHALLENGE Me at every step until my HAIR turns GRAY!!! Good luck and GOD BLESS!!!!

[josef7070]

Navy04; I am sorry that you have to go through that. And wow, 8 exams. I am refusing exam, and asking them to rate me as is. I am curious to see what they will do with all of the documents, buddy letters and a strong stressor letter. But what get me, Navy04 is how they dont know what they are doing? I too, am getting tired, but I will not quite. Keep all of you posted!!!!!! God Bess!!!!!

[Buck52]

5 years is way to long.

I suggest email VA Undersecretary Allison Hickey.

Try to keep your email short and to the point.

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

[Pete53]

Good luck I think Buck52 is right

[Berta]

I sure am glad I did that...emailed Ms. Hickey...but in between many emails to and from her, there was more going on here in NY at the RO Director's level, adding to the screw up.

I sure wish I had taped some of the RO phone calls this past month.

But in any event one issue was resolved already sort of )1151 HBP 10%" but no money due me (which would be correct if they had not buggered my other claim,) who the director tried to say was 'over' and that the denial decision I got a few weeks ago stands..but I said OH NO...that claim was to have gone to VACO like the other claim did ( I actually believe VACO prepared the award letter)

and.... then to make sure she got my point I emailed Ms Hickey again....

who suggested what to do next and she cced others in on this, They can see at VACO what a ludicrous rigamorale this has been

and I really raised hell over the absurd medical review they did but had to reverse.

my long point here is this...in the 1151 HBP award letter they listed some of my emails to the RO as evidence. I had requested them to do that, and if they do that for my pending issue, those emails contain the regs they broke and how they can fix it.

I suggest anyone emailing and getting replies from the Sec or the Under Sec, keep the emails but also request that they be considered as evidence.

If they send your stuff to VACO try to get the VACO person's name, and then it will be easy to find their email addy.

[josef7070]

Thank you all for all of your attention and help. Thank you Berta once again, I just PDF'd the SECVA email requesting it to be applied to my claim as evidence.

I will email Ms. Hickey right now. Will keep all you posted, and I hope all is well with all of you.

thanks,

josef7070