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......

[josef7070]

An individual from the RO at Waco just called, very pleasant, but wolves can be dressed in sheep's clothing as well. She told me that my claim as of today is RFR, ready for rating, that the date is 4/10/2015 in her computer. I explained that it reads Review of Evidence, she states that E bennies is wrong. Also, that the so-called Rater needs a exam which are only good for one year. Is that true that C and P exams are only good for one year? does anybody know please, especially when you have been diagnosed and being treated by three different doctors? Obviously she stated that upstairs needs and exam, but lets see how they rate my claim.

Thank you all....

[josef7070]

Thank you all, thank you Berta. It just moved to Preparing for Decision, let see what happens next. Unbelievable, that all these steps have to be taken just to be treated fair. There was nothing extraordinary that I was asking for, like most of us.

Thanks folks,

josef7070

[Berta]

I sure hope this goes well...because they often ( actually always) do want to have a current C & P exam, as that can lead to the proper rating percentage....

They might have enough current medical records and not need to have another C & P but it would surprise me if they don't order one.

But my point is this. VA has done multiple posthumous C & Ps on a dead veteran (my husband) ....over the past 20 years and only 2 or 3 of them were correct

but it shows they want a current status from a doctor ,for living vets as well as dead ones.

Even if you have a strong IMO.

Then for sure they will try to get a C & P to go against it.

You stated in an earlier post:

"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."

I regret I didnt understand that post sooner.......maybe they had recent strong medical evidence from your doctor?

"Obviously she stated that upstairs needs and exam, but lets see how they rate my claim."

After re reading some of this, my opinion is they wont rate the claim at all without an exam......

Others will chime in.

[josef7070]

Yes, I concur Berta, you are right. But, my question is why in heavens name when my claim, at the request of the RO Rep; "Sherry" in Waco, advised me that my claim had enough evidence for a rating, and to pull four contingencies from my Appeal to a re-open, she also, by phone?? told me that it would be at-least four years before I see an appeal judge, so I went ahead last year and re-opened. Now, the same rater that has been working my claim, since last summer, and my Feb an rated me non service connected, and who called me personally and told me that she was ordering and exam, why did she not ask the two previous re-opens?? So, that is why I said no, and I agree with Berta, that they will not rate me, but I was given an Appeal before a travel board next month, after putting up an argument to the Secretary, after five years of waiting. I thought that maybe if they don't adjudicate me properly, I can move that into my Appeal before the Judge, since I have a written email from the RO stating I can do that, and a fresh set of my eyes, outside of Waco, RO can look at it. I truly believe that the raters and the Doc's communicate and who knows what would happen if I wait many months for an exam, and then a unlawful rating. I would have to start the NOD all over again.... What's your opinion, and how long are exams good for anyway? The RO Rep at Waco told me yesterday that they are good for one year, I asked her if that is in writing, she said NO... No surprise there

Sorry for the long read folks.... Taking deep breaths and not letting this get to me to much. Hope everyone one is fine

[63SIERRA]

"I truly believe that the raters and the Doc's communicate and who knows what would happen if I wait many months for an exam, and then a unlawful rating."'

I know for a fact that they communicate..

[63SIERRA]

Yes, I concur Berta, you are right. But, my question is why in heavens name when my claim, at the request of the RO Rep; "Sherry" in Waco, advised me that my claim had enough evidence for a rating, and to pull four contingencies from my Appeal to a re-open, she also, by phone?? told me that it would be at-least four years before I see an appeal judge, so I went ahead last year and re-opened. Now, the same rater that has been working my claim, since last summer, and my Feb an rated me non service connected, and who called me personally and told me that she was ordering and exam, why did she not ask the two previous re-opens?? So, that is why I said no, and I agree with Berta, that they will not rate me, but I was given an Appeal before a travel board next month, after putting up an argument to the Secretary, after five years of waiting. I thought that maybe if they don't adjudicate me properly, I can move that into my Appeal before the Judge, since I have a written email from the RO stating I can do that, and a fresh set of my eyes, outside of Waco, RO can look at it. I truly believe that the raters and the Doc's communicate and who knows what would happen if I wait many months for an exam, and then a unlawful rating. I would have to start the NOD all over again.... What's your opinion, and how long are exams good for anyway? The RO Rep at Waco told me yesterday that they are good for one year, I asked her if that is in writing, she said NO... No surprise there

Sorry for the long read folks.... Taking deep breaths and not letting this get to me to much. Hope everyone one is fine

what they are doing to you is called .. develop to deny... they should not have told you to drop contentions and claims.. they are not doctors.. and all those reopens can cause you to lose filing dates.. Waco likely goofed it up and you have a cue claim somewhere in the mix, and they are trying hard to get rid of you.. How do they do this? they convince you to drop claims that will win , and file claims that will lose and dont fit,, .. If you dont get rid of your COMMANDANTE service officer, and get you some real help, the Ro is going to reduce your claims to dust.. Dont you think the one who shitted your claim up initially has a stake in denying it again? And your conversing with her? They have been breaking it off in you for 5 years, and now they want to re, re, re, re, re, open, change the claims, yada , yada yada.,,. bullsheep,, .. you need a lawyer or a good benefits agent,,

From what I have observed, waco does not like to acknowledge FFed up claims.. Denial and trickery until there is no place else to go with it seems to be thier Modus opperandi.

Edited April 12, 2015 by 63SIERRA