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14 Questions about Veterans Disability Compensation Benefits Claims 

When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about when it comes to filing VA Disability Claims.









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Berta

WH Vets Complaint Hot Line -request

Question

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 by Berta

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bumping it up

anyone here going to call the WH to complain about the VA??????

If it is a claims problem, with your VARO , they will look into it........

if calling as an advocate, they will take notes and get back to you.......

855-948-2311

Think about what you want to tell them.

If they violated your VCAA rights, or ignored probative evidence, or a C & P examiner overlooked important medical info in your files,  whatever it is...

most claims problems can be narrowed down to exactly why there even is a problem....

Dont be afraid to name names...I sure did.

 

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Berta...

    I think many Vets are afraid of retaliation from VA if they call.  For example, I complained to Allison Hickey.  She refered me to the manager, and the manager promptly denied my claim.  

    While Im still not afraid of the BIG BAD VA, I still focus on things that work.  And, contacting the senator, the VASEC, etc, has not produced the results that I think it should.  The VA has a system, where they "blow off" senate inquires.  Oh sure they have someone speak to the senators office who says, "We will look into that senator".  

Then, the claim goes OUT of the processing pile and into the "senate inquiry" pile.  They send a letter, SOMETIMES, which pretty much goes like this:

"We are truly sorry for the backlog of claims, which affects (name of Veteran).  We are working on his claim diligently and should have an answer as soon as possible.  Thank you for contacting the Department of Veterans affairs.  By the way, if we had more money, we would not have this backlog, blah, blah blah. "

Of course it can be summarized with SSDD (same stuff, different day). 

    In many cases, contacting the senator (or the president) actually delays the claim, as it gets taken out of the "to do" file, and into the senate inquiry file.  

    In my case, I am at the BVA with a 2012 docket number.  Short of an advance on the docket, nothing will hurry it up.  I really dont need an advance on the docket, anyway, because I was able to keep the 2012 docket number as this was a remand from that case.  

    After I get the decision (it could be any day or it should happen by the 2017 holidays), I may complain to the white house.  I probably SHOULD complain.  I dont think many advocates beleive me when I say my evidence was shredded, but I have some great documentation that it was shredded.  My attorney says currently  "all" shreddergate appeals are on hold for now,  but I can not recall her reason.  

If I lose this time at the BVA, then I am coming back with both barrels loaded and shredded evidence.  Attorneys dont want shreddergate cases now.  But I will file writs of mandamus..I filed one before and I will do it again.   Im giving it ONE more time, then I declare war on shreddergate.   

     I feel like David fighting Goliath.  

Edited by broncovet
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I would think anyone who is appointed by the POTUS or in his cabinet offically   then there going to do as the POTUS suggest! in fear of being FIRED

its to soon to tell what kind of president we have and to see if he is a man of his word.

jmo

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Yeah...and don't forget who won that battle. King David- one of the greatest battle strategists ever.!!!!!

My favorite OT person 

You are right---the VA has made veterans afraid ....since they (Secs office) are giving whistleblowers more support, they have to do that for veterans, who are whistle blowers and people like me, advocate/claimants who dont put up with their crap.   and then get retaliated against via the claims process.....

I will bring that up to the WH and to the Secretary.........I have proof of it. personal proof.

 

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On ‎6‎/‎15‎/‎2017 at 7:10 AM, MikeHunt said:

Oh, OK

Have you ever heard a story like this:

eBenefits announced award, next day, the very next day, the retro was deposited.

I'd written a very good (evidently) complaint to the WH - fully justified in spades.

It works.

Mike,

I too enquired about retro payment and within one week I got paid. I also got a call from the VA department who handles retro pay to confirm I got it. That surprised me. So they are getting better I think with assisting.

On the other hand I didn't get retro back dated because this was my first claim for headache although in my service record I complained about headaches since 1984. The headaches have manifested into migraines so my current rating was for migraines and not headaches. I was informed by the VA adviser to find diagnoses in my records where they treated me for headaches and submit for retro pay as a new claim. I am consisting doing that.    

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They almost always use the date of the claim for retro.

Did you ever have a past claim for the same condition that was denied?

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