Should we seek legal representation?

[Shawnkatt1]

In February,  2017, my husband had a video conference with a Decision Review Officer out of Huntington,  West Virginia regarding his appeal. 

He's seeking to overturn a Raynaud's denial,  and increase his Fibro rating.

We have a Nexus letter supporting both,  and his C&P clearly states the Raynauds is related to the  fibro, and "was more likely than not,  related to his service in the Gulf War."

He was "represented" by his appointed VA rep,  who is the only choice for our area.  The rep showed up with an empty file folder with my husband's name on it.  I'm a paralegal by trade,  so I had two,  5-inch binders of records that were tabbed and indexed - needless to say,  we felt poorly represented,  but fortunately we were prepared.

The DRO that was to hear the case was out sick.   The hearing was 2 hours late in starting. 

At one point during the hearing, the officer asked my husband "what it would take as far as compensation to make him happy"... naturally he was caught off guard and said he wasn't prepared to put a $$ sign on his disability. 

Is that type of question normally asked during hearings?  

She also indicated she might "require" him to do another C&P exam.  I inquired as to why he would need another C&P, and she really didn't have a solid answer. 

Can they require another C&P? Especially if a prior C&P supported his claim? 

The hearing was bizarre in my opinion - so I wanted to get the transcripts (written,  and the recording).  We sent the proper FOIA forms in,  return receipt of course,  and they were received by the VA in May of 2017. A copy of our request is showing in my husband's file,  but we've received nothing. 

Does anyone have experience with requesting transcripts? Should we have received them by now (6months since requested)?

We've obviously heard nothing about my husbands appeal,  and the only thing the rep has told us is "the Huntington office has put aside all regular disability claims and appeals to focus their attention on those vets that have elected to use RAMP."

We have elected to not use RAMP.

We're considering an attorney at this point,  but I'm not sure what,  if anything,  they could do considering where we are in the process. 

Any suggestions,  and guidance would be greatly appreciated! 

 

[broncovet]

Berta, 

Quote

Vets have got to start fighting back over these lousy C & P exams, by letting the WH Hot line, the Acountability Office, and Congress ( HVAC) know what they have to put up- which often takes a costly IMO/IME from a real doctor ,to properly resolve the claim.

Good idea.  What is the "accountability office", and how to get in touch????  

[63Charlie]

Until veterans are allowed to record the C&P exams, it is our word against crooked VA C&P examiners.

That is the main reason appeals are backlogged.

 

The VARO could care less.

The VARO can kick the can down the road, with zero accountability.

 

Pretty sure that the CFR/courts give more weight to the examiner's  opinions.

The VBA will immediately attack the veteran as having lack of credibility all the while the evidence will show the examiner is lying through his/her teeth

The VBA, and VHA, are two government bureaucracies that are CHOCK FULL OF LIARS and are proficient on how to cover their ass.

 

The only time I will ever go to ANY VA is for a C&P exam, certainly not medical treatment, ever.

I medicate myself to be able to tolerate any C&P exams, but I go.

Having earned the disability benefits I have applied for, I will not go quietly into the night.

 

VHA doctors OFTEN won't formally diagnose a condition, but WILL provide medications and treatment for the condition.

No diagnosis = No possibility to win VA compensation.

That is just ONE of their tricks.

 

In the past, before I was aware of the VA Modus Operandi, I asked treating VHA doctors to fill out a SSD questionairre so I could apply for SSDI.

I was turned down by multiple VHA doctors to fill out a one page questionairre more than once.

They told me they don't do those.

But they thanked me for my service (sometimes).

The VHA medical doctors will not, in most instances, bite the hand that feeds them, by assisting veterans in obtaining any form of government benefits.

 

If you rely solely upon VHA and/or VBA medical evidence to obtain comp and pen benefits, woe is you.

It is a long road... fraught with challenges, for most.

Edited November 12, 2018 by 63Charlie

[Shawnkatt1]

Now that the flurry of the holiday season has passed,  and I actually have the letter from the VA in-hand, I really wanted to take a moment to update those of you who took the time to answer our questions here,  and perhaps help anyone who might be reading about our journey on this blog. 

After I made contact with our West Virginia Field Office in Huntington as recommended by @Buck52 I believe,  there was an INCREDIBLE amount of activity on my husband's appeal! 

I'm so thrilled to tell you all,  his appeal was approved!!!  He's at 70% now, rather than 40%.

I still cannot believe it!  What a looong battle,  but it was so worth it to see his face when we received the news.   He felt validated,  finally. 

So,  when I called the field office and told a worker of our multiple problems with how this case was handled (last-minute substitute DRO, never receiving transcripts from the hearing,  never receiving the C-file we requested,  and poor representation from the rep,  we immediately received a call back from the gentleman who actually sat-in on the appeal hearing video conference. 

He remembered my husband's hearing in great detail. And was shocked that we hadn't heard a word,  received transcripts, or the C-file. 

He seemed genuinely mortified by the glaring errors,  and omissions, and assured us he would help. 

And he did! 

What he discovered was (amongst other things) that my husband's appeal had gotten "lost" in the shuffle between the substitute DRO and the assigned DRO. 

We started receiving phone calls from the field office,  and our rep, and we ended up suddenly receiving the hearing transcripts,  the C-file,  and the award letter within a very short period of time. 

From what we've gathered,  an audit is underway (the VA said it was automatic?) to resolve back-pay issues, and the issue of reimbursing his retirement for the amount they offset it each month based on his original award of 40%.

I know I'm going to miss thanking some people,  and I apologize in advance if I've missed you,  but thank you to @vetquest, @63Charlie, @Buck52, @Berta, @asknod, @Hamslice, @broncovet!

Thank you for the great guidance. And thank you for taking the time to help fellow veterans wade through this ridiculous system. 

If anyone has input on the auditing that's supposed to he automatic after an appeal award,  and any advice on filing an unemployability claim, please let me know. 

Both of those are as are new to us... so we're flying kind of blind.  Don't want to make mistakes right out of the gate. 

Thanks again everyone!! 

 

 

[vetquest]

Congratulations of receiving 70 percent.  I know the validation that an awarded appeal gives.  Yes I would file for unemployability.