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    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

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Berta

VBA testimony and GAO report-C & P examiners

Question

As you all know, C & P exam results control almost all types of claims.

VA employees have no choice but to go along with a negative C & P exam that will deny a claim.

Some vets are quite willing to rebutt faulty exams and ask for a new C & P exam. For others, it will take a costly IMO/IME in most cases.

Ben Krause has this article at his site today:

https://www.disabledveterans.org/2018/11/16/va-evades-accountability-during-congressional-disability-exam-hearing/

I have not watched the hearing yet ( surprised I even have internet access- over a foot of snow here- higher drifts, but fortunately my Satelitte dish is not full of snow or ice - yet)

"The Veterans Benefits Administration has increasingly turned to contractors to conduct the medical exams that veterans may need for disability claims. According to VBA, contractors help it avoid delays in the claims process. VBA awarded up to $6.8 billion in exam contracts in 2016.

This testimony examines VBA's oversight of these contractors. We found the agency does not know the extent to which contractors are meeting the exam contract's quality and timeliness standards. The agency identified some contractor performance problems, but the incomplete information gathered on performance highlights the inadequacy of VBA's oversight."

https://www.gao.gov/products/GAO-19-213T

I haven't read that GAO report yet either. But this is cost  , in my opinion,  is ridiculous.

"VBA awarded up to $6.8 billion in exam contracts in 2016."

I do not believe neither the GAO nor the VBA has any idea of recklessly  these contracted C & P exams can be done.

It would be GREAT if any Vet Lawyer would consider a class action for veterans and their survivors who have been forced into the expense of IMOs/IMEs solely because the C & P examiner did a lousy job.... and the contracting outfit they work for,still got paid by VA ( and the taxpapyers) for their lousy work.

I am filing a IRIS complaint today because, after Peggy (800#) told me the had received my request for a C & P exam, months ago- yet Peggy said recently they never got this request.

Buffalo VARO called me to tell me they did have my evidence and had "someone in mind" who would do the exam right away.This was 2 years ago.

The "examiner they picked had my probative evidence, yet never considered it. I filed CUE immediately on that and they awarded the claim right away.

But I am still poed-because how many widows like me or veterans in a similar situation would know how to file CUE ASAP.

I think this posthumous C & P exam  was done by a non medical person- who tried to overcome a 2 page opinion from VACO,done by VA's Top Cardio doctor.

I am emaiing GAO as well to see if they accept input from VA claimants on C & P exams.

And there is also the Accountability Office as wel as the White House Hot line, to complain to too.

Six Billon in 2016-I bet those contracting outfits got paid a lot faster than all of you ,who were awarded your claim,  but are still waiting for your retro.

 

If the VA ignores your probative evidence, whether they list it as Evidence or not, it is a violation of 38 CFR 4.6 and you should file CUE under auspices of 38 USC 5109, and state that volation- ASAP.

 

 

 

 

 

Edited by Berta
added more

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Its all about the money.  Wealthy Vets can afford IMO's, while homeless Vets can not.  This helps "create more homeless Vets" because those WITH a home, but just getting by, cant afford an IMO either.  

There was a scandal a few years ago, where a former VAsec went to work/owned one of these contracting firms.  Sure enough, that firm got the contract.  Of course, the VASEC knows "high ups" who award these contracts, and they probably owed him favors, probably form overlooking one or more their scandals.  

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I am not to sure about this New VA Secretary Robert Wilkie ?   he sure don't seem like he tries to fight for us Veterans...jmo

With whats going on with the new VA System now days

We Veterans still have these Regs Ms berta put up in the above post.

my advise to all veterans is educate your self on all the CFR 38 Regs  at least the ones that apply to you and what your claiming.  so you know in case your VSO does not.

Edited by Buck52

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If anyone wants to contact GAO aout this report, th contact info is here:

"For questions about this statement, please contact Elizabeth Curda, Director, Education Workforce, and Income Security at (202) 512-7215 or curdae@gao.gov. Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this statement. In addition to the contact above, Nyree Ryder Tee (Assistant Director); Teresa Heger (Analyst-in-Charge); Sherwin Chapman; Alex Galuten; Justin Gordinas; and Greg Whitney made key contributions to this testimony. Other staff who made key contributions to the report cited in the testimony are identified in the source product."

I emailed her and have not checked out the Office of Congressional Relations & Public Affairs yet-

I laid out for her what the VHA/VBA does not know (or care about) -some of these C & P examiners (paid by VA via the contracting firm aggreement) does such a deficient job that many of us are forced to obtain costy IMO/IMES to get a thorough review of our medical records, and to succeed ,n a proper award, after VA  has denied the claim.

I have an investigative issue with the OAWB.

I sent the some GAO reports to bolster my compaint- primary against the OGC.

Once that gets resolved I will bring up the C &  P situation to them but anyone here should feel free to file a complaint with OAWB:

vaaccountabilityteam@va.gov

 

 

 

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Ms. Curda (GAO) replied to me:

"Thank you for your email and I am very sorry to hear about the difficulties you have experienced.  Unfortunately, GAO is not in a position to look at individual claims issues.  We do work at the request of Congress and focus on broad program effectiveness and efficiency issues.  We look at cases that have been carefully selected to meet our study objectives.  That said, it is helpful to hear about the types of problems veterans and their survivors are experiencing.  We may do some work in the future looking at the quality of C&P exams and your information might help shape our thinking about areas to look at.  So thank you for taking the time to share your experiences with me."

It really isnt GAO's job to look into individual  caims issues but I mentioned ,as an advocate, of how many faulty C & P exams veterans get, as well as my own personal experience.

It would be great however, if GAO does look  into the quality of these exams in the future.

But better yet - if the Accountabiity office does, based on complaints from claimants.

 

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 Thanks for sharing this email Ms Berta,

so is it better veterans address their complaints to this office?

Accountability Office? what is the Address?

''But better yet - if the Accountabiity office does, based on complaints from claimants.''

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