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What a Joke are they serious - Veterans Benefits Administration chief suspended in relocation scam
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VA Disability Claims: 5 Game-Changing Precedential Decisions You Need to Know
Tbird posted a record in VA Claims and Benefits Information,
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
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Tbird, -
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Are all military medical records on file at the VA?
RichardZ posted a topic in How to's on filing a Claim,
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.-
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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
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Guest ScareCrow
What a freeking scam, if anyone else had pulled this kind of crap they would have got 20 years plus $$$$$$ in fines in the club-fed. Check this out and see for yourself, nothing happens to VA employees that scam the VA system the VA just slaps them on the wrist and moves them around, WHAT-THE-HE-DOUBLE HOCKEY STICKS!!! How long do we have to put up with this bs anyway???
I think that some HADIT! should be applied here and elsewhere in government, your interpretation of what I am referring too is entirely up to you, where is Tyler Durden when you need him..... Just look at that fat-b*stard parasiting our funds right into his own pocket just like a majority of VA employees and nobody is doing anything and the VA is worried about us.....
sorry, rant-off.....
In my honest opinion, only Veterans should be allowed at the VA, I think that in and of itself this would eliminate not all but a lot of the corruption and criminal activity that we all know that the VA is currently and knowingly plagued with.
At least the VA would be much better off with us as veterans running it as opposed to civilians from who knows where and possibly questionable backgrounds to begin with.....
Veterans Benefits Administration chief suspended in relocation scam
http://www.foxnews.com/us/2016/03/23/veterans-benefits-administration-chief-suspended-in-relocation-scam.html?intcmp=hplnws
FILE - In this Nov. 2, 2015, file photo, Department of Veterans Affairs, Principal Deputy Under Secretary for Benefits Danny Pummill, testifies at a Veterans Affairs Committee hearing on Capitol Hill in Washington. (AP)
WASHINGTON – The Department of Veterans Affairs is suspending the head of the Veterans Benefits Administration for allowing two lower-ranking officials to manipulate the agency's hiring system for their own gain.
Deputy VA Secretary Sloan Gibson says acting VBA chief Danny Pummill will be suspended without pay for 15 days for his role in a relocation scam that has roiled the agency for months.
Pummill failed to exercise proper oversight as Kimberly Graves and Diana Rubens forced lower-ranking managers to accept job transfers and then stepped into the vacant positions themselves, keeping their senior-level pay while reducing their responsibilities, Gibson said Tuesday.
Pummill is one of VA's five highest-ranking officials and leads VBA's employees across 56 regional offices nationwide that provide compensation and pension benefits, life insurance, home loans and other services to millions of veterans.
Under VA rules, Pummill can appeal his suspension to an independent arbiter.
Pummill was the VBA's deputy chief when Rubens and Graves implemented the job relocations, which put both of them closer to their families. Pummill replaced former VBA chief Allison Hickey, who retired as allegations against Rubens and Graves were made public.
Rubens earns $181,497 as director of the VBA's Philadelphia regional office, while Graves receives $173,949 as head of the St. Paul, Minnesota, benefits office.
Graves and Rubens were reprimanded Tuesday and had their pay cut by 10 percent. The two women were reinstated to their positions last month after administrative judges overturned their demotions.
The judges based their rulings, in part, on the fact that more senior officials such as Pummill had not been disciplined in the case. In a related action, the VA said it has reprimanded Beth McCoy, director of field operations for the VBA. Gibson said McCoy did not exercise proper judgment in taking over for Rubens as heads of field operations.
Gibson said the disciplinary actions were in the best interests of veterans and taxpayers. "Ultimately, that is what these decisions are about: getting back to the work of serving America's veterans," he said.
Rep. Jeff Miller, R-Fla., chairman of the House Veterans Affairs Committee, called the actions "a weak slap on the wrist."
Accountability at the VA "is almost non-existent," Miller said. "One thing is clear: this dysfunctional status quo will never change until we eliminate arcane civil service rules that put the job security of VA bureaucrats ahead of the veterans they are charged with serving."
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Buck52
I got to be good friends with a VA Employee...until she had enough and quit. she told me some hellacious stories behind the scenes how most employees steal/Lie from the VA and never once think about
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