Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
TaborsDad

Falsley accused of Refussing C&P!

Question

Make a long story short 2014 rated 10% TBI for memory loss 30%Migraine headaches.  Filed a appeal on the headaches.  
2015 Had Neurologic exam done at the request of my Psychiatrist and showed signs of memory loss.
2018 Received my claim back from BVA on Migraine Headaches raiting granted at 50% so I won.   
Then I put in a increase for my TBI because now I have the Neurological testing to show memory loss.  Go to my C&P and psychiatrist for QTC request a C&P for headaches.  QTC calls me and says we need to schedule an exam, I ask them for what?  They say headaches, I say I'm already service connected for headaches I just got a decision back from the BVA is there a need for me to do another C&P they say yes I say ok.  Then an hour later I get a call and the lady says she's QTC manager and she went thru my record and noted that I'm already rated for Headaches there no need to make me drive 88 miles to a C&P.  I say wow that's great thanks so much.  Then I get a notice in the mail for a C&P for headaches.  So I call QTC back they tell me no need to show up because they sent my claim to the VA because I refused the C&P for headaches.  My DAV rep told me to call the VA and have them note that on my claim.  I would just like to ask if anyone else has any different advice?  I'm floored, I never would refuse a C&P and I just fought and won my Migraine Headache increase from the BVA.  So are they going to try and decrease my Migraine raiting????  God only knows QTC lying assholes.

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

Did you actually start to get the 50% ?

Call the White House Hot Line at 1-855-948-2311 and tell them what happened.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Yes I did start getting the 50%.  My claim is in pending decision approval.  We will see how they do it!

Share this post


Link to post
Share on other sites
  • 0

I wish you luck on this.  Migraines are a separate beast as far as the VA is concerned.  To get to 50% you need to have severe events productive of severe economic inadaptability.  Any other disability that was that severe would most likely be 70% or more.  I have been through one attempt to sever my migraines from my disability.  The VA plays hardball.

Share this post


Link to post
Share on other sites
  • 0

TaborsDad,  I agree with Ms Berta, I would call the WH Hotline and let them know what happened to have a record of it. I know that you also called the VA to have it noted on your claim but it doesn't hurt to have a backup plan. If you don't want to call the Hotline at the very least I would contact your local congressperson and tell them what happened. They will have you fill out a privacy form, and they WILL follow up on it. That should help keep QTC honest, by any chance do you remember the name of the manager from QTC that called you, or have her phone number? Make sure to include that when you tell whomever you choose to contact what happened, and don't lose the name and number if you still have them.  Good Luck to you

Share this post


Link to post
Share on other sites
  • 0
On 10/24/2018 at 6:53 PM, TaborsDad said:

I get a call and the lady says she's QTC manager and she went thru my record and noted that I'm already rated for Headaches there no need to make me drive 88 miles to a C&P.

 

First and foremost, do what Berta said, call the Whitehouse as well as the VA to make a record of this, and  I would go further and call my congress person and senators, too.

The second thing I would suggest is to install an application on your cell phone that automatically records all calls in and out.

I don't care what state you are in, and some do have two party consent laws that recording conversations might violate, but do it anyway.

There is a concept under the law known as exigent circumstances. Typically it is used to justify something like cops entering a house without a warrant, but it is actually much broader than that.

In addition, unless you broadcast the recordings no one will know you made them. In a case like you described, having that recording saved to a permanent storage device (an external hard drive, drop box, etc) will provide you proof if you need it to dispute a claim of refusal. You will have time date and persons name and what they said verbatim.

You must keep in mind that for the VA to "punish you" or in any way try to reduce your rating, they have high hurdles to cross and must notify you in writing and give you time to respond, gather evidence, etc. It is a process and not an easy one for them unless they have evidence you committed fraud.

In the event some clown at the RO does try and start that process, that recording would prove your case at the RO level, in a DRO conference or at the BVA as none of them are a court and the rules of evidence for the VA are not the same as they are for a Civil or Criminal Court.

The legalese may seem a bit wonky but the short version is a recording a  person, in a two party state, only affects the second person who did not know they were being recorded. The right to privacy is the persons not their company's, not the VA, not the RO, the DRO or the BVA. Therefore only that person would have legal standing to object. Since she will not be in any of those conversations or hearings, she won't be able to object and no one can do it for her.

Furthermore, let's assume the VA heard the recording and decided to investigate. Assume they told her you specifically recorded her without her knowledge. Assume she went to the Cops or feds and filed a wiretapping charge against you. Assume the prosecutor accepts the case and presses the charges.

Doing all that will make the recording evidence, which makes it hearable by the Court and unless the court seals it, the public will hear it too. The court would hear the statement and directions to you and then you would present the evidence that she told the VA something different. She would then have to explain not just lying to the VA and intentionally harming you, she would have to explain to the court why she should be allowed to shield her intentional act behind the law. Courts typically don't like defendants who shout "you can't use that proof to convict me with my own words". They take a very dim view of that type behavior. The court in this case will probably accept a very liberal expansion of the exigent circumstances doctrine as you knew you were likely to be harmed, you rightly knew the defendant would lie about their actions and blame you. You would have no other way, besides making the recording, to protect yourself from a real and reasonable belief that harm was imminent.

In all likelihood you would win that case and then you can sue her for intentional infliction of emotional distress for acts already admitted to in court. Plus about 8 more things I can think of.

As I said it is a little wonky but the reality is that is the trajectory of using a recording to prove a functionary employed by the VA (or vendor) is screwing over a veteran. The vendor will probably change course real quick once they learn a tape exists and proves their person lied.

Good luck and definitely call the VA and White House.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
        • Thanks
        • Like
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      doc00580220191213082945.pdf
      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines