VACO shake up

[Berta]

https://www.disabledveterans.org/2018/08/14/getting-fired-va-secretary-wilkie-demotes-orourke-revokes-years-of-agency-delegations-impacting-terminations/

Yippee! 

 

 

[broncovet]

Yes, it seems to be a move in the right direction, but one thing is troubling:  

Apparently O Rourke, according to the article, lied to congress.  For that, he is made an "advisor" to VA?  Why would the VA want a known liar on its advisory panel?  

[Buck52]

There all in it together

.  I am headed to the VA today for a dermatology appointment on my skin condition  see if they can make a diagnose?   and   see if Robert Picture is up yet? 

Edited August 14, 2018 by Buck52

[spearhead91]

Thanks Berta!! and this goes right to the heart of my post the other day.

Ya the VARO are rolling through claims with quick denials...so they can get their quota and Bonuses!!! Even if that is how they get paid. 

The rollout of the national work queue for claims and my claim went to half way across the country so how the heck can I go do a VARO hearing with the rater?

And if I appeal will the C-File get locked to that VARO? 

The comments over there on that story is what I was trying to convey in my post from the other day. That VARO was mentioned by a prominent person here on his blog and some smells at that VARO. And it starts with the local leadership. 

I can imagine the senior rater at this VARO or any on claims and the atta boys they give out:

" Awesome denial way to go John!"

"That's the denial of the week Mary, great job!"

"Here is you reward for the most denials in 90 Days! Outstanding!"

"I love the way you deny Ted you are an example for the younger RO! Great work!"

"Keep those D's going folks the quarter is almost over! $$$$$"

and on and on. 

 

 

Edited August 14, 2018 by spearhead91

[vetquest]

I would like to think that RO's are rated by the number of remands they receive.  Particularly in ones where the RO is called out for not following procedures, like ignoring buddy statements.

[Berta]

The VA has it's own little deep state-

I have finally prepared my last (hopefully last) CUE for the VA.

I am still reeling over 2 phone calls I got from their Director in 2015.

I decided to drop a dime on her in the CUE claim.That is I prepared the exact legal errors they made, but once again my VCAA rights were denied, as well, and I had to explain that  as that led to the CUE.

She called me to "explain" the denial of 1151 accrued, saying  me my husband's 1151 Stroke was total but not permanent when he died.

That defies his autopsy, death certificate, and all the evidence of permanancy I supplied with my 5103 waiver- not to mention why I won my FTCA case for wrongful death.

I asked her what miraculous cure he got because the Medical Examiner found multiple brain infarctions in addition to the 1151  disabling stroke.But her only response was that the claim was OVER.

I am angry at myself for not pursuing this matter sooner.I thought by now she would be gone-

Twice the RC and OGC ordered them  to pay me over the years , and I think she is still poed at that.

My evidence of legal error is OGC Pres Op 08-97, 38 CFR 2.6 (e)(8) AND 38 cfr 14.507 (B)-delicious legalize...

In 1997 (when I was in the Gardner Moratorium) Ron Abrams (NVLSP)made a odd comment to me about 1151 and direct SC, we were talking about AO, but he knew I was waiting for the moratorium to lift.

That comment has haunted me from time to time-now I know what he meant -OGC Pres Op 08-97.

It is quite clear that VA still owes me cash. His comment was if I succeeded  1151 and then subsequently with direct SC death, the VA would have to pay all compensation due to veteran or to me as accrued.

that “ the language and legislative history of 38 USC 351 make clear that Congress intended that all veterans monetary benefits payable for service connected disability or death be payable for qualifying disability or death resulting from,among other things, medical examination or treatment in the same manner as though the disability or death had been a result of military service.”

(reference to OGC Pres Op #80-90 as withi OGC Pres Op 08-97.) 351 became 1151 yet did not alter that opinion.)

No one has ever challenged this type of situation before.

I have searched for years to see how VA would handle a 100% P & T  SC disabilty and a 1151 100% P & T  independent disability. And a death that is SC death as well as 1151 FTCA death, as i my husband's case.