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Possible Targeting And Abuse Of Power By Waco Rater

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josef7070

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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......

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the regs on desert storm related ilnesses are becoming more and more favorable for veterans to win.. Chronic fatigue, fibro, joint pain and stifness, ect.. The Va is also doggedly trying to close the filing window for these ilnesses.. This would eliminate tens of thousands of approvable claims, and millions in compensation. I would venture to assume you are not the only one who has been hoodwinked into dropping your desert storm related claims.

The undersecretary of the Va was recently caught attempting to sway the Medical community that oversees ilnesses and Va medical processes to do away with DESERT STORM ILLNESS. and just call it Multi Symptom Illness.. What that would do, is eliminate the desert storm vets as a unique class of veterans, who were proven to be exposed to sarin gas, oil well fires , smoke, chemicals,anthrax vaccinations, food grown in saddams shit, ect.

Recently there was an admission by a former Army commander who was promoted a high medical appointment in the VA, that admitted that he lied abt troops in his command being exposed to chemical weapons.. The truth is starting to come out, and the VA knows its just a matter of time, before they cannot feasibly deny it anymore, and the compensation will flow like the mighty Mississippi.

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Update: Within two weeks, there has been some sort of movement and misguidance. After having my Claim targeted by a rater in Waco, I wrote the VA Secretary and dozen of Congress folks and the Chair of the Committee in the House of Rep. Apparently, all of those communications were addressed and the secretary of Director in Waco told me by phone that there has been numerous inquires about my claim and it will be addressed. Now, my appeal is in five weeks in Waco, TX after waiting three years. My claim has been been given to a DRO, according to Larry in Waco who has been ordered to communicate with me to "work with me" by the director of Waco. After spending some time on the phone, as he went back and forth between me and the rater, he informed me that my claim was very strong in evidence and I needed some more C andP's. I told him that I never minded C&P's, but why so late in the game and why so close to my appeal when I could have had those contingencies before a judge. So, he told me that I just need on exam in Temple, and that the director was going to pull some strings to get it ASAP.

Come to find out that the rater has ordered four exams and they are three days prior to my Appeal date, coincidence, I think not!!! The rater told Larry that she needed to connect my other operations to my disability medically with a doctor. First he advised me that my doc at the VA was good enough, so I scheduled an emergency appt. Then he calls and tells me that the rater was it in temple as well. I went to my doctors and both of my physicians called Larry and wanted to know why? when notes in 2012 were explaining all of what they wanted. Well, my doctors did exactly what the rater asked as I showed them the FOIA, and of course they have been treating me for years. I was promised that they would adjudicate my claim ASAP, now it looks seems as though they dont want me to bring these contingencies (claim) before the judge. I regret ever agreeing to the C&P's Thursday when, I was asking them to rate my claim. Now, my claim reads Gathering of Evidence, I am going to call on Monday and have them rate my claim as promised and, I will refuse to take those C&P's because VA doctors connected the nexis with my whereabouts in the Gulf War. Good thing is after reading all of these discussions, I recorded all of the conversations I have had with Larry. This has been ongoing for four years. also my doctor and a TVC rep, advised me that my three buddy letters who were Supervisors attesting to what my claim is and the changes are lay people and they CAN be considered evidence. Something is going on.

Sorry for the longwinded write up. I needed to write this down and get some opinions's from you all. I hope by the end of the month this will be over... Thank you all and God bless....

josef7070

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josef7070,

I understand your frustration but you should think long and hard about ever refusing to take a C & P exam. If you already have strong evidence/medical opinions supporting your claims, your evidence should overcome any negative findings from the C & P exams. JMO

GP

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the cp doc I saw in temple was awesome.hes an old phillipino born vet,,, . theres another one in killeen, CHOW avoid at all costs....

After he goofed up my exam, I called VES and told them i REFUSE to ever walk thru the threshold of his office ever again.

There is a femle PA at the vamc that is a PC examiner to avoid as well . If you get an appt, pm me

Edited by 63SIERRA
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