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VBA testimony and GAO report-C & P examiners

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Berta

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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.

 

 

 

 

 

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Buck, if I was the VA Secretary I would get rid of the claims raters etc at the ROs and replace them with BVA lawyers.

Also I would make sure the Choice Program is actually working for ALL vets, and would make costly IMO/IMEs refundable to any vet who needs one to overcome a lousy C & P exam, if they are awarded on the basis of the IMO/IME.

I would eliminate the contracting doctor and nurses at the VA who are not liable for FTCA/1151 claims.Although they an be sued for mapractice via the  contracting firms they work for  and make it more effective for some real good doctors ,nurses etc - to take their place.

A review would be done of all  of the C & P contractors-and the opinions they have prepared.Many would be fired.

And I would establish CHAMPVA for every veterans and their family, survivors.

And I could make sure my OAWB issue is resolved-sooner than later-  - that would save lives.

And I would try to Convince Trump that all of above would save VA money in the long run.

Not sure how it would but I would come up with something. 

I already have written to POTUS that ,if the VA didnt have so much costly malpractice, that might be enough $$$ to build the wall.(That letter was last year before Congress allocated Wall money.) 

 

You asked about the Accountability Office:

I called the WH Hot line with a complaint. Due to that the Accountablity office contacted me.

After a long phone call wth them, other issues of my concern came up so I sent the evidence of the other issues  that involved the WH Hot line complaint I made, and evidence of how I tried to resolve the issue in the past via the H VAC, VA OGC etc etc.

I also told the OAWB that my VARO has retaliated against me so many times over the years ( I have proof) that I dont need any whistleblower protection- and am not a VA employee anyhow.I just fight back.

https://www.va.gov/accountability/

Their misson statement and contact6 nfo is at this link.They do not accept snail mail.

I scanned and attached my evidence to them by email.

Somewhere at their site is a list, updated each month. of who has been demoted, terminated or canned. Not by name, but by  job title.

 

 

 

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Please dont think VA will retaliate against you if you file a OAWB complaint.

I just threw that in for the Triage OA man, and we had a good laugh.

I have been on my RO's S--T list since I won my FTCA case. I dont really care because their unconscionable decisions , ridiculous C & Ps and other documented crap are evidence of how they treat many vets and wdows/widowers----- not just me. I have saved it all.It is great evidence of RO incompetence.

And I fought back every denial -to get awards.We claimants MUST learn what regulations control our claims.

No one is going to learn them for us.And dont depend on your RO to know them either.

 

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They whole system is rigged with either bad doctors of people playing doctor in va claims with no medical experience or training, all deciding veteran medical issues and outcomes... of course if the va had to put doctor in the seats who decide claims while the outcomes would apt to be correct instead of rubbish, the government would say it costs to much. But when it comes to their healthcare the sky is the limit. So, we continue with people who have no medical experience or schooling deciding who gets what health care and for what. And it is massive job security for the va claims hamster wheel workers.

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