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

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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

NVLSP and bad C & P exams

Question

https://www.nvlsp.org/news-and-events/press-releases/nvlsp-dismayed-over-gao-report-on-va-disability-exams-and-the-need-for-impr

NVLSP Dismayed Over GAO Report on VA Disability Exams and the Need for Improved Performance Analysis and Training Oversight for Contracted Examiners

"FOR IMMEDIATE RELEASE – November 16, 2018

WASHINGTON – National Veterans Legal Services Program (NVLSP) executive director and co-founder Bart Stichman was dismayed at the findings of the Government Accountability Office (GAO) Report on disability exams conducted by the U.S. Department of Veterans Affairs and the need for performance analysis and training oversight for Veterans Benefits Administration (VBA) contractors.

“This report confirms our worst fears that the VBA examiners are ill-prepared to properly assess a veterans’ disability.  A bad assessment can have catastrophic consequences on a veteran and his or her family,” said Stichman.  “Veterans served nobly and expect their government to take care of them when they have suffered injuries or illnesses due to their military service. This is no way to treat our veterans.”

“Moreover, the recommendations put forth by the GAO do nothing to help our veterans right now who must deal with the negative consequences of the bad exams already conducted by these contractors, who are getting paid $6.9 billion dollars for their “unsatisfactory performance.”  According to the VBA, only one contractor met its target of 92 percent of exam reports with no errors. The vast majority of contractor scores were classified by VBA as “unsatisfactory performance” with quality ratings as low as 62 percent."

“The efficacy of the exams and the training of the examiners has to be a priority.  Timeliness hardly matters if the exams are poorly conducted,” said Stichman. 

“The outcomes of these exams have life-changing impact on our veterans, especially those who may be suffering from post-traumatic stress.  All the veterans who have been denied disability compensation based on these faulty exams since these contractors were employed should have their claims reopened immediately and a new exam provided by VA in house.”

“These contractors are a prime example of the waste in the system that should be eliminated and the money spent directly on our veterans. I applaud Congress for holding a hearing to examine the report findings and hope more can be done to help our veterans be treated fairly.”

About NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1980. NVLSP strives to ensure that our nation honors its commitment to its 22 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law.  NVLSP’s success in these lawsuits has resulted in more than $5.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org."

MEDIA CONTACT:  Patty Briotta, office 202-621-5698, cell 703-517-1796, patty@nvlsp.org

(Maybe this will be the impetus for NVLSP to start a Class Action against the VA- I dont know- I will try to find out ore as well as the GAO report they refer to.I thought this was important enough to put in the main forum)

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https://www.gao.gov/assets/700/694986.pdf

Also if anyone is willing to contact NVLSP ( Bart Stichman- NVLSP) on this matter ( I am emailing him later today-on this and a different issue)

with a personal brief rendition of what lousy C & P  exams have cost you- with the need to acquire costly IMOs. in order to suceed on your claims, I will give you his email addy.

 

 

Edited by Berta
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Hello Berta!

I hope you're doing well & had a wonderful Thanksgiving!

I'm GLAD that this topic is FINALLY being EXPOSED!!!

I've CONSTANTLY criticized the VA's idea of conducting a C&P exam, with PERSONNEL who are NOT qualified TO CONDUCT SUCH!

Case in Point...

A few yrs back I posted on THIS site that I questioned an 'examiner' & after finding out she was a specialist in internal medicine, I told her she could not conduct a Bona Fide Orthopedic exam & walked out. It was advised that I STILL have such a BOGUS exam, to further contaminate my file with useless inaccurate opinions, made by QUACKS that shouldn't be conducting exams to begin with!

A few yrs. earlier, an Administrative Law Judge, had commented on this EXACT topic that, "The Veteran should be afforded an Ortho exam." , which for MANY yrs., I wasn't.

With that said, WHY was the VA constantly setting appointments for C&P exams afterwards, with an "General, Internal medicine, ER Doctors and/or PA's (Physician Assistants)"?

When you look at this, it's no wonder that the Veteran isn't getting a fair shake, when it comes down to a legitimate exam, thereby costing the American taxpayer billions on incorrect 'diagnosises' (sic).

The waste involves the MILLIONS who are forced to unnecessarily APPEAL.  Unfortunately a lot of Veterans GIVE UP, due to  an uphill battle.  The Veterans who are fortunate enough to have Medicare or private insurance are forced to have to pay out of pocket (via deductibles & Co-pays) to see an ortho/neuro Specialists, to receive a valid Dx.

For those who rely solely on VA employees, they are screwed & like MY CLAIM, the VA takes YEARS to resolve the claim.  Parts of my claim is over 16+ years!!!

TODAY this article shows that I was right along.

Theoretically, most (if not ALL) C&P exams conducted, that are made by anyone other than Ortho doctors should be destroyed, as they are false & misleading.  This includes ALL VA opinions DENYING me a legitimate rating.

YES...this opens "Pandoras Box" for the many other Veterans who have been denied, what they should have been awarded yrs. earlier.  I myself, have a CUE (under-rated) claim that has been brushed aside, despite my many times of reminding the VA of!  It would date back as far as 1976 w/a difference of 50+% per mo. increase, based on case law, by another Veteran who was awarded for similar disabilities as mine!!!  That's a substantial amount!  The VA knows this to be true, but always ignores it in their responses.

Thanks to you, I am going to contact the NVLSP and (hopefully) start a CLASS Action against the DVA.

Take Care!

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That Class Action would be GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!

One reason vets have had so many problems with the VA is that they do not complain enough , to the right people- and it is hard to find the right people-

I just managed to get a long email sent to Bart Stichman-having problems with PC due to weather-

I wrote to him long ago about how info on Voc Rehab denials -solely due to SC should be put into the VBM-as- if a vet is un-vocrehable due to SC,they are also unemployable due to SC.

He prepares the VBM. I havent bought the new one yet- been buying them since 1991.

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I just got an AWay email from Bart- He will be reading some emails at home but will return on Monday- I think maybe all of NVLSP is closed for the long weekend.

 

 

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The VA will not change their evaluative process unless they are mandated to do so.

Bad C&P exams are normal for me and raters are complicit in using the bad exams willfully to deny benefits, eeven when the examiners opinion directly contradicts objective medical evidence.

This maltreatment/process is the very reason that I am not rated 100%.

I will have to spend money on medical opinions to rebut the inadequate/incompetent and sometimes blatantly false opinions of examiners that the VA provided.

It is a crying shame.

Thanks Berta for giving hope to those of us who have been cheated by the VA.

 

Edited by 63Charlie

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