D.a.v Vso's

[marinejay]

I swear, they are some idots that work for the DAV, they are also some good ones also let me mind you.

Anyway here is my story. I went to the Va to get some answers on my back rating. I am currenly diagnosed with lumbar strain 20% (5302) I think. I had an IME from Dr. Bash and he diagnosed me with Sciatica and Advanced degenerative Arthritis.

When i went in there i ask to see my regular va guy b/c he knows the ins and outs of my claims, he was busy so a lady vso saw me. My vso is pretty honest and blunt with me, thats what i like. If he says they are not going to rate this, he would give me options like by saying you can try it this way or do this and it may work, but he gives different avenues to me and i make the final decision. Thats why i like him. Any way i ask her my question which was, is there a chance that the va will rate my sciatica separately along with the DGA (ARTHRITIS) or combine it with the Lumbar strain and mybe grant an increase or grant and increase on my current condition with the DGA and rate sciatica separately, or combine all three together into one rating and grant an increase. I was trying to get an idea so i can have my battle plan ready for any screwups.

With out looking at my file or even asking my situation, she tells me the only have two codes for back rating and prints them out with the rating (it's the ROM %age and the incapicating episodes %age). I am like i know this Sh** and more. I know the whole frecking va disibility cfr. I stop her in her tracks and said thank you, walk out give the front desk lady the paper and tell her trash it, because its of no use. Yhe vso walks out behind me and saw it when i turned around. I then looked at her and shaked my head in a sycastic way like you dont know crap.

The thing is she is new, ben working at the san diego vamc dav office for about 3 mts at the most, so my respect for her is nil, its bad when you know more about ratings than some of these vso. When the talk to you about your claims you can smell and see the the Bullshit coming out of their mouths. All we are asking for is honesty and fairness. If you don't know the answer just say you don't, b/c like myself and others who are Pro Active, we will try to find the answer first then ask to make sure its right or wrong, or we would ask the vso , then come to a message board like hadit to make sureif the answer given was right

I am pretty sure that the hadit board members know more that those fricking vso's, sometimes i think that they are a waste of time.

Just my 3 cents

marinejay

Edited December 15, 2006 by marinejay

[Berta]

I said this myself this AM here Jay-

more knowledge at hadit then these PAID vet reps get-

As you say some are very very good -the other ones-if they dont know an answer- will make something up and think the vet wouldn't check it out-

I got a DIC claim from one of my orgs (Vietnam Combat Veterans, ltd)

they send me all DIC claims-

I couldnt believe what this widow was told by the DAV-

then again this is what the DAV told me too in 1995-

She has a great claim and the NSO could have caused her financial damages- but she didnt believe him- good thing-

If a NSO or vet rep causes financial damages they can be sued in state courts for negligence- a suit recently was won by a vet-

The reality is as dumb as some of them are-

competent supporting medical evidence will eventually make a claim succeed-so no monetary damages would

have occurred-

but if I was a lawyer and they allow vets to get lawyers I would

1. look for potential Sec 1151 claim(did they malpractice on vet)that would be first with FTCA potential

2. look for the evidence needed to award the claim and

3. see if some vet rep might have caused damages in handling a past denied claim.

4. see if that claim had a CUE issue that could be raised.

I would look for- as a lawyer - ANY potential way for the vet to succeed via the claim or in any other way to get money-if their claim was buggered.

There are many ways a lawyer could consider as they would have a financial motivation unlike the paid SOs.

[Pete53]

Best reason that Hadit is here to give you the skinny on your claim. I have not yet met the SO who could hold a candle to the help that is here on Hadit.

[marinejay]

Pete,

You are so right, i learned so much on this board in the last year and doing my own research of course, I am always on line reading the CFR, M21 or doing something. Now i am reading the va clinician guide on how doctors suppose to do examinations. It may take me a few mths, but when i am done i would probably be able to examine vets according to va standards, the only thing i will need is 10 yrs of schooling to get the MD desination.

Marine jay