Who the Heck is the C&P Service and Now What?

[Vinsky54]

My prior topic, "Seeking Advice on my CUE," brought me a wealth of information from some very informed people. I remain grateful. But I have been doing more and more research based on what I learned from them and just ran across this:

j.  Approval of Ratings Prepared Under 38 CFR 3.105(a)

All rating decisions prepared by RVSRs under 38 CFR 3.105(a) require the approval of the VSCM or designee at the Coach level or higher.  Ratings prepared by DROs would require the approval of the VSCM or Assistant VSCM if they would effect   ·   severance of service connection, or ·   a reduction in evaluation of an SC disability(ies).   Exception:  Approval of the VSCM or designee is not necessary if the rating is the result of a Board of Veterans’ Appeals or U.S. Court of Appeals for Veterans Claims decision.   Important:  A rating decision must be reviewed and approved by the Compensation and Pension (C&P) Service prior to promulgation if the decision ·   initially grants service connection with an effective date retroactive eight or more years, and/or ·   results in a lump-sum payment of $250,000 or more.  (See M21-1MR, Part III, Subpart vi, 1.A.5 (TBD) or Fast Letter 07-19.)      Reference:  For more information on CUEs involving rating issues, see M21-1MR, Part I, 5.C.13.f.

 

The CUE in my case is obvious. It took the help of an attorney who does medical insurance claims to help me read my Service Medical Record, but the denial based upon "no evidence of complaint, treatment or diagnosis" is just plain wrong. So is the conclusion that there is no service connection, as it is also in the record. Problem is, VA repoened my 2002 claim, denied it based upon "no new evidence" and that led to the NOD.

Anyway, as I read this, even if the DRO acknowledges the CUE, my claim then has to go to this C&P Service. Who are these people and how many more years can I anticipate waiting? Anyone have any experience with the C&P Service?

Thank you.  Vinsky

[Vinsky54]

jfrei - That is good news, that the VA is having to contract out to alleviate the backlog. I have proposed the same to my congressman (Sam Johnson, a champ for vets) regarding the claims and appeals backlog; contract them out to private health insurance adjusters until the backlog is caught up. Vets would get a quick response and almost certainly a more equitable one. 

[FormerMember]

QTC is owned by Lockheed Martin now. It was begun by former VA Secretary Anthony Principi and his friends. VA Secretary Peake also joined the Board of QTC as an owner after his stint as VASEC. QTC has been around since 1998 doing C&Ps for civie companies and Workman's Comp. exams. They are predominantly used out west. Many VAMCs in the east still do their own C&Ps with a larger staff. 

[john999]

I like to call it "Whore's Glory" after the documentary.   How can the VA compensation system get worse?   How can the VA get worse?   Is there a finite level of disservice to vets or does it just get worse and

worse over time?   I went all the way to Federal Court with my CUE and they refused to hear it.  I think my lawyer is not taking VA claims anymore.  He spent 8 years on mine from RO to CAVC to the Fed.

Court.   If you want to win you have to play the game but waiting 12 years is not winning even if you do win.    Water Boarding would be kinder I think than to lead a vet by the nose for 12 years

with promise of justice if you just keep appealing.  I am 66 years old and have been filing claims since 1972.  I have won most of them but lost many as well before I started to read Hadit  and talk to guys and

gals like AskNod and Berta Simmons.  After all these years I do think that anyone who joins the military thinking they will be taken care of has good case for 100% mental disability.   The Compensation and

Pension exam system has been corrupt since my first exam more than 40 years ago.   I have been called a liar, fake, fraud, personality disorder many times by so-called doctors who do these exams.

Thankfully, I had great IME doctors who I had been seeing on my own and paying for on my own for decades.   I was told by one pension doctor that RVN vets with DMII get fat just so they can have \

limbs amputated for more money.  This is the doctor who was doing my DMII exam for an increase which I got.   Am I living in alternate universe where people have they legs chopped off just to get a

few more bucks every month?  If I reported the doctor what would happen?   He would deny ever having said it and I would have more enemies at the VA. 

[Vinsky54]

john999: I know it probably sounds crazy, as most of our government could care less about us vets, but if you have your story written down somewhere, or are willing to do so, send it to my congressman, Sam Johnson. He works his butt off for vets, getting legislation passed that forces the VA to act on our behalf. The more ammo he has, the more he can get done. Here's a bit from his bio:

"Sam Johnson, a decorated war hero and native Texan, ranks among the few Members of Congress to fight in combat.  During his 29-year career in the U.S. Air Force, Representative Johnson flew combat missions in both the Korean and Vietnam Wars.  He endured nearly seven years as a Prisoner of War in Hanoi, including 42 months in solitary confinement. A decorated combat veteran and war hero, Sam was awarded two Silver Stars, two Legions of Merit, the Distinguished Flying Cross, one Bronze Star with Valor, two Purple Hearts, four Air Medals, and three Outstanding Unit Awards."

This administration is obviously going to do nothing about the deplorable way the VA operates. It will take Congress and the courts if we are to get any redress. Thanks for your post.

Vinsky/David