WH Vets Complaint Hot Line -request

[Berta]

Is anyone here interested in supporting this part of my recent letter to Sec Shulkin/ copy to President Trump?

This is just one excerpt. There were other areas of deficiency I wrote about.

Would you add a brief reply to this thread is you have had the same problem Sue Edel had. I post this today in a reply to her but I would like some support on the board here, from anyone else who has had this problem and how long it took them to finally read your evidence and award the claim.

Also how many here are planning on, or already did, calling the White House hot line for vets. 855-948-2311

My letter focused on 3 issues.....1. the established fact that ROs do not always read our most probative evidence, and how that causes the backlog to grow.

2. Sensitive info on VA malpractice issues, not appropriate to put here ,  and the third issue directly involved a VARO director who does not know how to read the regulations.

The  C & P problem is next for me....the main reason, if you do get a rater who can read your evidence, is what causes most denials,  inadequate or incompetent C & P exams...

Can you reply here ASAP? They are going over my recent conversation and the letter I sent to them....and I will hear back soon  from the Sec's office or the White House.....

 

"I also am the surviving spouse of Rodney F. Simmons, Vietnam (USMC), who is dead due to VA health care ( FTCA/Section 1151 award- proof available if requested.) Subsequently ,I also proved that VA malpracticed on two Agent Orange conditions as well, that were found to contribute to his untimely death.

              Claimants have the ability to file a CUE claim ( CUE- clear and unmistakable error- 38 USC 5109) on any unappealed decision that they feel was wrong due to one or more specific  legal errors the VA made in that decision  that prevented them from attaining a proper monetary service connected award.

              Just about every decision I received as a widow from the Buffalo VARO was wrong and often  only when I filed a CUE claim.

But I also have had success in filing this type of claim within the appellate period, under the auspices of 39 USC 5109, most recent in March 2015 when I received a denial ,that upon receipt of my CUE, was reversed about 4 weeks later in April 2015. I have been successful with this tactic before and find that 2 vet reps have also used it because they must have read my explanation on the large web site for veterans that I have been a volunteer at, for 20 years.

              I suggest that a Fast Letter be prepared to go to all VA Regional Offices and all Veterans Service Organizations, stating that:

  Upon receipt of any Regional Office decision that contains a valid and legal CUE either due to a violation of the VCAA ( 5103 Waiver) ,thus due process violation, that caused a CUE to occur in the decision, or due to the wrong diagnostic code on the rating sheet or due to any failure to consider probative evidence the claimant has supplied to them, or any other legal error that was detrimental to the claimant, the claimant and/or their POA representative  should  file a CUE claim immediately, asking the VA to correct the error.

The Claim must conform to CUE criteria as to identifying the exact legal error and how that error is detrimental to the veteran."

 

 

Edited June 13, 2017 by Berta

[treysnonna]

Mike Hunt,  what all do they want to know?  Did you write a letter or just call, my husband has been waiting for 5.5 yrs.

[treysnonna]

Has anyone else had similar results?

[broncovet]

Ok, Berta, I will explain what happened to me, in regard to VARO not reading the applicable evidence, or the regulations.  

I applied for hearing loss, depression and TDIU in 2002.  Instead of reading (NOT READING NUMBER 1) my claim, they decided it was hearing loss ONLY.  EVEN THO I had all 3 Caluza elements, I was denied.  My audiologist opinied, "it is at least as likely as not that the Veterans hearing loss is due to noise exposure while in military service".  

VARO denied because my hearing loss "was too since military service".  (Failure to read or comply with regulations, number 2)     The "time since military service" is not one of the criteria for hearing loss, so it can not be used as a denial.  I need only meet the applicable criteria, VA can not add stuff like the color of my hair, or length of time since service.  

Upon appeal, the BVA awarded a "complete grant of benefit sought".   

Again VARO could not read (Failure to read number 3)  the board decision  apparently decided that "complete" meant 0 percent.  

Finally, 3 years later, VARO awards 40 percent but never adjuticates TDIU.  (Failure to read number 4, the regulation 38 CFR 3.103, which requires a written decison)   VARO could not read).  

(I can not appeal an issue which has not been adjuticated).  

Finally, in 2009, IU was adjuticated (after 7 years), but was dismissed as "moot".  

I appealled on the grounds that IU was "not moot" as it was possible or even likely that it could result in SMC S, AND, also result in an earlier effective date. (FAILURE TO READ number 5, as it is well known Bradley VS Peake allows a Vet to be considered for statuatory SMCS, if TDIU is awarded)   

In 2012, it reached the BVA, and the BVA decided to remand the TDIU, and decided other issues.  VARO "implemented" the other portions of the BVA decsion, but FAILED TO READ the BVA decision (Failure to read number 6)  which required readjutication of TDIU) to which the VARO failed to compoly

for 3 full years, apparently being unable to read the Board Appeal decision.  

I contacted Allison Hickey, explaining that VA failed to implement the Board decision, never re adjuticating TDIU.  

The VARO finally re adjuticated the issue of TDIU in 2012, and denied it.  

I appealed the TDIU denial to the BVA, which was denied again, at the CAVC level.  The CAVC and my attorney agreed to accept a remand back to the BVA.  

I am currently awaiting a decision from the BVA for a 2002 claim, which was 15 years ago.  

This 15 year delay resulted in me loosing my home and auto, in 2005.   The 6 time failure to read regulations, or evidence resulted in a 15 year delay.   

 

[Berta]

This is what the President and the Secretary has to hear about, from Veterans. The point of the Hot line.

They will refer calls about claims issues to someone at the White House to look into the situation.

I called as an advocate...but then I spoke as the widow of a veteran dead due to VA health care.

I also stated a complaint against the Director of my VARO and what she tried to pull on me....her completely absurd assessment of my husband's 1151 stroke. They never read the 13 pieces of evidence that granted 100% P & T. I asked for VA';s prove of their miracuous cure of his significant brain trauma because we sure didnt know his totally disabling stroke had been cured. I have the VACO report on how he could never have been "cured" of a 100 % stroke.

She wanted me to believe that they had granted 100% Total but not permanent.....All of my evidence, to include a letter from a former VA Secretary stated he was total and permanent from the brain damage VA caused (which they already admitted to.  even his student loan waiver signed by a VA doctor….and his VOC Rehab assessment, et etc etc

It is the same BS they pull on many of us Broncovet---

Hope you will contact the WH Hot line soon.

This is our Chance!  All those H VAC hearings have not done that.

This might be the only chance many here will ever have to get a fair and competent VA.

[MikeHunt]

19 hours ago, treysnonna said:

Mike Hunt,  what all do they want to know?  Did you write a letter or just call, my husband has been waiting for 5.5 yrs.

Only wrote the White House.

[Berta]

Me too and Secretary Shulkin but no reply.....I asked the Hot line for a reply.

Whatever works Mike.Some of us here had good relationship with a former VA Secretary.Anthony Principi. weHe and I corresponded by email. A great advocate and friend Mike Harris- member here served with Principi in the Navy....so they emailed or chatted about that. Mike Harris Pointman Ministries and Mekong Delta.

I have written to just about all of them since 1990-1991,Derwinski days and usually got replies.

Jesse Brown was always in Europe. I asked his liaison person what VA's are in Europe. In those days you could call the VA Sec office directly.

 

 

 

Edited June 16, 2017 by Berta