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spearhead91

DUTY TO ASSIST Claim vs DENY CLAIM in 90 days

Question

Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist.  Did not ask me for any additional information.  So went from Claim to Deny in 90 days? 

But this is what has happened to me in a short period of time since I filed my claim:

1. Facebook account someont tried to hack as i have 2 step authenticaiton and I received and email alert to that affect. 
2. Twitter account which I have had since 2010 and never used never tweeted/followed someone tried to gain access.
3. I had an appointment with my pain management DR one day in early June when I get up the counter for check in they say that I cancelled the appointment in their system. I did no such thing. I ended up having to wait an extra hour but did get seen that morning, causing me to miss work. Only a few people at my work and the office itself new of my appointment, and work did not no where/who.
4. Internet connection slow and stops working as if my connection is being monitored or man in the middle attack going on. (This is ongoing and constant just stating a fact.) I'm not overly paranoid but this is highly irregular.
5. Not one person from my team either co-worker or manager or team lead has attemped to contact me to check on my status and how I'm doing. 
6. Filed STD claim with my company approved XX weeks for leave but no pay at all. I only get $937.00 from the VA for my 50% ratings.
7. I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file.
8. I had an appointment with a DR for Friday and I find out the morning of that got pushed off to Sept.(It took 6 week Non-VA to get that appointment and pushed back another 5 weeks??? 3 months!!!) I could not wait that long so have new appointment.
9. When I found out that the non VA DR appointment was moved back I called the VA to see if I could get an appointment in the Prime Clinic and was told by XXXXX scheduler that I hadn't seen a PCP DR in 2 years ( note DR who was PSCH DR in the Prime clinic passed himself off as MD and gave veiled threat). Scheduler for Prime Clinic said I had to go back to Elgibility again and transferred me to a dead phone number. I called back again and had to leave a message. I am a 50% service connected Veteran with an honorable discharge injured in a Combat Zone and I am being shunned and being made to jump though hoops to get medical care. I only go for medical care if something URGENT as I don't want to affect my brothers and sisters who are more injured than myself.  <<<And still not return call from local VA Elgibility office.


All of this in a 90 day window. I'm livid. VSO useless. And I hope the VA trolls read this. 

So if you raise your voice (PT person doing exam on me less than 2 years ago caused me significant pain/suffering during exam where I yelled out in pain and I made a snarky comment afterward) or you get an IMO you get labeled in the VA system as sensitive 7 or something and they act weird when you do go to an appointment. Granted not all employees are like this some PA's and Nurse's are awesome helping you in there. But there is some truth to what you can read online on any number of blogs or message boards. I did not want to believe this was being done to Veterans, not possible, but looking at everything in totality and this VA hospital and where it's located you can add all that up and connect the dots quite well what is going on. IMHO they are using intimidation, black balling, denying care, faulty C&P exams, threats, discrimination, all in attempt to let us die off. Why? it's not just about the money. You all know why and if you have any doubts just watch/listen/read.

I know a VARO will read this and I hope you do and if the one can figure it out I hope they do read this. Duty to assist, reasonable doubt, adequate exams, CFR 38 bleh bleh. You look for one thing to deny on anything or start from DENIAL and go the other way around like it should be. Liar(s). 

So now I need an action plan? But without BBE and C-FILE I guess I have to wait. 

 


 

 

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I think most of us here have been through denials.   Alex says about 85% of first time claimants are denied.  This is consistent with what has happened to me.  

If a bird does his duty on your head, its probably not your fault.  But, dont let the bird build a nest in your hair, as then it would be your fault.  You cant control your circumstances, but you can control what your response is.  

You will simply have to appeal, pretty much, like everyone else.  

Ebenefits could well be wrong.  

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On 8/11/2018 at 12:17 PM, spearhead91 said:

But this is what has happened to me in a short period of time since I filed my claim:

@spearhead91

Your list of events reads like someone does not like you at the personal level not the corporate level. 

Did you  check your credit reports? if not I would suggest you do so.

I seriously doubt the VA is hacking your twitter feed, though dropping appointments is part of their bag o' tricks.

The idea that someone "blackballed" you because you smarted off to a PT is out on the edge of things.

no matter what I would check your credit reports, change all your passwords and make sure you set up separate accounts for different internet activities.

For example I have a gmail account that gets 1 to 2 spam messages a week. No more. That account is known only to the closest people to me. I have another for each of my banks and credit cards. they literally account names like geekysquids_amex1@xxx.com or qeekysquids_internet_cruising@xxx.com or like my va account qeekysquidsvastuff@xxx.com

I know when any account name is sold and my credit tracking accounts with FICO, Experian and Equifax all include identity monitoring. My Discover includes the same from Transunion.

It might seem like a lot, but if you have ever had an identity theft issue you know it is worth the extra work. My internet trolling accounts all get tons of spam, but if they get "hacked" they have no connection to any thing important.

Even my twitter account has a Google Voice number attached that only attaches to twitter. It rings no where and every six months I have to attach it to a phone, make a call and then change it back. Making sure to flush my google data afterwards. There are literally a thousand spam calls in that google voice inbox and I just don't care as they never ring my phone, or connect to any of my other online id's.

hope you get it all straightened out.

 

 

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"Ebenefits shows claim Opened and Closed in 90 days flat. Right on the date. Had some C&P's. No BBE with reasons yet. BUT IT IS CLEAR that the VA is doing more to DENY then to assist.  Did not ask me for any additional information.  So went from Claim to Deny in 90 days? "

Did you get a 5103 waiver?

If so did you identify the evidence they had and/or attach it to the waiver?

On th 5103 I have been suggesting to refer them to the back of the waiver and list with a brief decription, every piece of evidence they should have.

Then again, the VA failed to send me a 5103 a few years ago-I Iried them and then got it.

In spite of my advice above, they identified by phone all of the evidence I listed on it as received, and then didn't consider any of it.

When you get the decision please attach it here.Cover C file # prior to scanning it.

 "I have had two C&P exams one for my increases which the rater has said not likely service connected but I have an IMO that will hopefully rebuttal that. <<< This had to have been ignored won't know until BBE and C-file."

Do you have proof that they received the IMO?

 

 

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