Jump to content

Ask Your VA Claims Questions | Read Current Posts 
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules 

  • tbirds-va-claims-struggle (1).png

  • 01-2024-stay-online-donate-banner.png

     

  • 0

Have you been "top sheeted"?

Rate this question


broncovet

Question

  • Moderator

Its a favorite of VA.  Berta knows . it well.  "Top sheeting" is where a VA rater denies you by reading only a page or 2 of your file, and often your evidence prooving your claim is right there in black and white, had VA only bothered to read it.  

It makes for raters quota, is very fast (for them, not for you, because now you have to appeal), and is very simple, with no accountability, ever, for the lazy rater who top sheeted you.  

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Recommended Posts

  • 0

I'm pretty sure I was/am being "top-sheeted". I fought several claims for over 8 years, and when I finally got to the BVA Judge, he quipped, "The evidence is and has been here all along, I don't know why your claim has gone so long..." The hell you don't know. Regardless, everything was granted, with one remand which is still floating around out there somewhere.

Sgt. Wilky

BOHICA

Link to comment
Share on other sites

  • 0

INDEED!   So true!

I was afraid VA would pull this for my recent submissions so I put under their address, on my CUEs,  the Secretary's address for copies if needed.

I did this once when the VA was ignoring my probative evidence and then I ended up sending the Acting  Sec a copy of the claim and the evidence, asking him if he would submit it to my RO, so maybe they would read it, if he submitted it.

The Sec at the time was Mansfield and he did send the VA a cover letter and my evidence.

They STILL ignored it.

This was in the days before I wised up and now use 38 CFR 4.6 to it's full advantage. 

 

 

 

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

I also think they take records out of our C-file..but how would you prove if you can't find that record or you don't have it.?

I remember reading my award letter back in 2002 and I remember the DRO Wrote this  '' although records show you stopped work in 1999  we paid you from the date you first filed for increase''...from 50%to 90% date 2001 this was on NOD reductions in benefits...unless they do a reductions of benefits different from a NOD  Claim decision?I filed the increase in 1999  first filed the claim in 1998

Flip Helig ( aka phillip rogers)was helping me and he was furious about this.

I didn't understand any of it.

anyway the dates are wrong back then by 2 almost 3 years of retro they beat me out of from 50%to 90% but was giving TDIU P&T so actually they should have paid the difference to the 100% rate  they did not.

Actual SSA Records show I stopped work in 1996/97 which is true  b/c we were starving back then and living in a small 1957 38 ft mobile home 8 ft wide with no heat or A/C....In winter we used a kerosene heater that glowed that  glass INFA -RED  from the wick that was in the middle of the heater..the smell was almost unbearable  made our eyes red water ect,,ect,,  who would for get that!

But for some strange reason I can't find that part what the DRO mention in the award letter in my C-FILE  &parts of the Award letter is missing...actually the part I need because I can't seem to find it in my records here at the house or on the the CD  C-FILE Format I got back in 2016.

And a complete record of my Award letter from 2002 should be in my C-FILE And its Not.

I can't reopen this claim until I find that letter  if I can't find it then I won't file   without that letter I know it will be denied.

  

Edited by Buck52

I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!

Link to comment
Share on other sites

  • 0

Yes, I believe I have.  On my ten year appeal I had to go to BVA three times.  Each time the BVA remanded the claim telling the RO they had not considered all of the evidence of record.  I was also twice awarded a new service connection with it being remanded for rating.  There is no incentive for RO's to adjudicate claims correctly.  They can deny and hope you do not appeal.  There are no metrics that show how many remands an RO generates, at least not that I have seen.  

I would like to suggest that they start keeping metrics that track how many RO denied claims are overturned at the board.

Link to comment
Share on other sites

  • 0
  • Moderator

Many years ago,shady mechanics pulled a similar ploy.  One example is that certain cars needed a "vent" in the gas cap.  If that vent became clogged, the fuel pump could eventually not pull any fuel into the motor.   The mechanic could then simply fix the problem by drilling a small hole in the gas cap, thus venting it, and then bill the customer for hundreds or even thousands of dollars for parts and labor they did not perform.  

In a similar way, VA raters "get paid" for reading the file, but often never bother to read it.    You know:  "Did you read the file?"  "Yes, I read it".  Sure they did.  2 pages out of 1000 or more pages some claims contain.  Top Sheeting is fraud, pure and simple.  AS far as I know, not one VA employee has ever been prosecuted for it, even if 100 percent of the claims they processed demonstrated they did not read the file.  VA employees should be held accountable for this fraud.  

Edited by broncovet
Link to comment
Share on other sites

  • 0

A new phenomenon, that started about two years ago with my last claim, which promotes "top-sheeting", is that when you submit a claim, and after the exams it goes to a rater.  If the rater has a question and sends it back to the examiner, when it goes back it goes into the queue. The queue is where all claims go now.  And the next rater grabs your claim or any further development of your claim.  So your original rater who asked the question is not the rater who gets the answer.  Talk about a stupid way of doing business.

One of my issues went to at least three different raters.  New rater after each question/development.

How does a rater use any of his organizational skills when they do not follow the process of your claim from start to finish.

And, as for top sheeting, how easy is it to bury (not read) someone else's work, compared to your own work.

My historical claims all went to a rater in Milwaukee.  For 8 years.  Same guy.  Now, just yesterday, when I submitted my new claim with my local CSVO, it was sent in digits to the queue, where the next rater available will take it.  No matter where they work from.

Stupid is as stupid does,

Hamslice

 

 

“There is no hook my friend. There's only what we do.”  Doc Holiday 

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Tell a friend

    Love HadIt.com’s VA Disability Community Vets helping Vets since 1997? Tell a friend!
  • Recent Achievements

    • KMac1181 went up a rank
      Rookie
    • Lebro earned a badge
      First Post
    • stuart55 earned a badge
      Week One Done
    • stuart55 earned a badge
      One Month Later
    • Lebro earned a badge
      Conversation Starter
  • Our picks

    • Caluza Triangle defines what is necessary for service connection
      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

      This has to be MEDICALLY Documented in your records:

      Current Diagnosis.   (No diagnosis, no Service Connection.)

      In-Service Event or Aggravation.
      Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
      • 0 replies
    • Do the sct codes help or hurt my disability rating 
    • VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

      They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.  

      This is not true, 

      Proof:  

          About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because  when they cant work, they can not keep their home.  I was one of those Veterans who they denied for a bogus reason:  "Its been too long since military service".  This is bogus because its not one of the criteria for service connection, but simply made up by VA.  And, I was a homeless Vet, albeit a short time,  mostly due to the kindness of strangers and friends. 

          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
    • Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

      That rumor is false but I do hear people tell Veterans that a lot.  There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.  

      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
    • Good question.   

          Maybe I can clear it up.  

          The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more.  (my paraphrase).  

      More here:

      Source:

      https://www.va.gov/disability/dependency-indemnity-compensation/

      NOTE:   TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY.  This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond.    If you were P and T for 10 full years, then the cause of death may not matter so much. 
×
×
  • Create New...

Important Information

Guidelines and Terms of Use