Ramp was a waste of time

[Richard1954]

Ok... so I have been confused by what is going on with my claims,  I opted in to ramp Jul 2018 . The claims were already in an appeals status  and I had already requested de- novo reviews. So they took a claim  that did not even exist in one case (Heart)  and requested  a C&P exam. In another case they decided to ignore the issue and what had been written when I requested an earlier effective date for my TBI rating and then denied the EED.  In another case I asked for a separate rating for my sleep apnea,  ( separate and apart from my asthma/copd) and I requested a step increase in my SMC  from L 1/2 to M, because any rating 50% or more entitles the veteran to addition SMC. When the illegally combine a sleep disorder with Lung disease and then deny the SMC I think this is wrong, in fact the BVA has awarded a few separate ratings for Lung Disease and Sleep Apnea. I understand the special rules regarding Lung disease and that they do not award separate ratings for these conditions. My legal argument is that the VA should not be denying a separate rating for sleep apnea because sleep apnea is a sleep disorder not a lung disease.... Anyway I already knew  that this issues will have to be decided at the BVA or higher.. In fact,  I want this to go to the Court of Appeals, and if denied I will take it outside the system to a federal court. For too long the VA has improperly rated sleep apnea as a lung disease and denied me and possibly thousand of other veterans separate ratings when we have a lung disease. In my case I have Asthma rated 60%, COPD 100% and Sleep Apnea 50%. But because of the rules I get screwed and all three diseases are rated as one, first its not right because it fails to take into consideration how serious and different the 3 separate diseases are, and while Asthma and COPD do overlap, sleep apnea does not . Anyway the va then took my knee issue, and hearing issues and requested new C/P exams. I have already had 4 hearing exams ( one just last September) , and two c&p for me knee issues.. Why they need new C&P exams is beyond me and a waste of time and money.  In a different post I indicated they had my claims at pending a decision, and then they were back at seeking information ..well now I know why... So I now have to appeal these two denials to the BVA, and it has to be done on a special 21-4138 that they supplied and they give  6 different options and I have to select 1 option for all appeals.  So In my case Ramp was a waste of time because all they did was deny the claims again  and I have to send them to the BVA anyways.  ( Maybe they saved me a little time, under de-novo they would have denied them under the old system too) Anyway they are off to the BVA and I have new C&P exams sched for the 22  of Jan for my knee, and then at a different office in a different town on the same day a hearing test. I really think ramp is a crappy system. Also when they wrote the denials, the letter actual reads as if they left some lines out of the decision, over all very confusing. I understood the old system and should have just waited for a decision under that system...  Sorry for the long story..... 

[waynet]

I've gained a lot of valuable information from this and other veteran related sites over the years.  I am going to back Bronco on this one.

Ramp is new, VA employees are learning the system, vets, reps, lawyers, legal reps etc are learning the system.  Much of the system isn't really in place yet and as I see it, it's an experiment like other processes the VA has implemented.  I remember working for a government agency when they were upgrading technology and implementing new systems, it took time to work out the kinks.  And being on the tech end of it I had to deal with the kinks and employees.

I can sit here and brag about my multiple degrees and work history in the field but all that amounts to is what this thread has become which is sad.  A vet opined on his situation and others gave their opinions but as often happens when certain members get involved they pull out the "I'm smarter then you card and will tell you why."

It isn't the first time that incorrect information has been posted due to inflated egos.  And upon going back to look, the incorrect information hasn't been corrected even after people admitted they were incorrect.  Meaning that other vets will come along and read the incorrect information.

I rarely opine but frankly this thread sickens me.  Maybe it's because of this thread and several other threads that have followed the same path that I rarely visit this site any more.

I remember Carlie that's how long I've lurked here.  Berta with all her wisdom and knowledge is a giving person with a great heart that gives so much.  Yet she never brags about her vast knowledge and tells people they are wrong and she is right.  And she so lovingly gives of her time.

I know dozens of vets that are happy with the RAMP program.  Most have won and saved what they believe to be years waiting on a claim decision compared to the legacy system.  Even some that didn't win feel that the saved time was worth it.  Obviously others aren't going to be happy with it.  But all members and visitors deserve the right to be treated respectfully and not have the thread turn into a pissing and who's ***** is bigger contest.

Indeed sad....

[broncovet]

Ok, we wont know until it happens.  If you make it to the BVA through Ramp in less than the 5.9 years (that the BVA chairmans report says is "average" for legacy appeals), then you got there quicker.  If it takes you LONGER than 5.9 years to get to the BVA (through RAMP), then you were right and I will have to eat my words.  

This is because "sooner" is better than "later" with all else equal.  That is why I think its better for the Vet.  Because I think you will make it to the BVA (through RAMP) in much less than 5.9 years.  

[broncovet]

Alex..

    I had a c and p exam (for OSA) done by an MD who admitted she had "0" experience or training in sleep medicine.  I allege she was incompetent to opine on issues of sleep medicine as she had no experience or training.  In a similar way, on issues of "RAMP" , a JD does not give an attorney competency in RAMP.  

    While I appreciate the attorney's and yourself opinions on RAMP, the attorney's level of expertise on RAMP issues is the same as my experience on RAMP issues: zero, or, at least "very little".  

     There are attorneys, with a JD who accept Veterans claims but they really have little or no experience WITH VA OR CAVC.  This is a dis service to Veterans.  I would much, much rather be represented by Berta or yourself than any attorney with zero experience with VA.  Experience in "other" law, probably does not translate well into experience with VA law.  

     The real answer is we dont know how well RAMP will work out with Vets.  Some Vets are likely to benefit from RAMP, while its certainly possible others will find out it was a mistake for them to opt into RAMP.  

      Getting back to the issues, I dont understand the statment that RAMP "deprives Veterans of innumerable due process".  There are not 2 sets of 38 CFR's..one for RAMP and one for NON RAMP.  However, I do agree that by opting into RAMP:

1.  Vets waive the right to a SOC.  However, its unclear that waiving the right to a SOC "gives up innumerable due process rights".  

2.  However, if the Vet also opted into HLR, then he likely is giving up his right to submit new evidence in exchange for some promised "expidited processing", which, of course, remains to be seen if VA will actually keep that promise.  It makes sense to me that most Vets simply not use HLR, but rather use SCL to "preserve" their right to submit new evidence

(whether you call it new and material evidence or new "relevant" evidence it remains to be seen how the judges will interpret this difference, if any, since its too new to have been tested yet.) . 

     My opinion that the legacy system, which the new BVA chairmans report says it will take about 5.9 years on average to get through the BVA, is simply such a long period its unacceptable.  Period.  I still think its in Vets best interest to "try" RAMP as any alternative is better than a 5.9 year delay.  

    I learned, once after getting a tractor stuck in a mudhole, to "get off the tractor" and try something else, and not just dig into the mud deeper.  Legacy claims are "stuck in a 5.9 year mudhole" and, even an untested RAMP is an alternative worthy of consideration.  Too many Vets will be DEAD or so sick they are unable to continue their claim/appeal in 5.9 years.  I may be one of those.  IM gonna try an alternative.  I dont see a lot of difference if my claim gets to the Board via RAMP or legacy appeals, but there is a big difference in TIME.  Im either gonna have my Caluza elements documented or not.  Im either gonna be entitled to an earlier effective date or not, regardless if its ramp or not.  For me, giving up the SOC is a small price to pay for even the "chance" I might get a decision in 1/6 th that amount of time.  The legacy system is broken..we all agree on that.  The same people who say RAMP is broken also are usually not suggesting how to fix it, they just dont like other's proposal to fix it.  

       Any new project usually has naysayers.  RAMP is no different, and Im sure there "will be glitches" in it too.  Nobody has all the details.  But the concept that maybe we have "to much" due process which delays our claims sounds plausable to me.  

[Richard1954]

Ok so  I get a recorded message from a company called Veteran Services Logistics Health Incorporated  the message was that I had two c/p examinations scheduled one for my hearing and one for Heart condition/Knee . The were scheduled on the same day 2 hours apart in two different towns in opposite directions, ( one town to the left of my town and one to the right of my town).They left a number for me to call if I need more information so I called them and told them it isn't possible to make both appointment within 2 hours apart explaining its at least 75 miles between both locations. According to them the  first  appointment is one hour long so how in hell did they figure I could make two appoints within two hours of each other?  I called them and told them to reschedule one or the other, so they called back with another message saying that they rescheduled the hearing appointment for another day 60 miles from my home in Austin Texas,. I called them again and said hey can't you get me appointment in my Area between Killeen and Temple Texas?  They said first, that they could only reschedule an appointment once, then they said that this was the only appointment they could get, because the VA is dictating that I must attend these appointment no later than 22 Jan. Basically what they are doing is cramming me with these appoints and I either accept them or not but they will not reschedule them. They gave me the 1-800 827-1000 number and told me to call the regional office and asked them to approve  rescheduling the hearing appointment. Right, so I play the game and call the number, but anyone who deals with the va know this is the universal number to the regional offices in 48 states. Of course they answer with a recording saying select from the menu, but they never give the menu..... so I called the scheduler back and explain to them that the number isn't any good. They said sorry.... that's the number they gave us and nothing we can do.   Ok so I am stuck with these appointments.   The hearing test is not a big deal because it has to be administered by a licensed hearing specialist, I just don't want to drive 60 miles for a 10 minute test.  The heart/knee exam is scheduled at a family medical clinic who only employs one  Chiropractor/NP. I know understand how anyone except a heart specialist can do an adequate heart exam, and I detest Chiropractors and NP anyway.  In fact no matter who was scheduled to do the heart exam, I am just going to refuse to undergo the exam, because I don't have heart problems and I don't have an open claim for a heart condition.  So folks, not only are they cramming thru denials, but c/p exams as well and we do not have any choice as to how far we are willing to drive to get to an appointment or they type of medical specialist we would like to see.   I have 3 Medical Hospitals and a lot of medical clinics in my area and they are sending me to a one Horse town ( Copperas Cove) a family medical clinic  for an examination.  I am now trying to get an appointment in my area to get a IMO for my knee. Damn the VA .

[broncovet]

Well, you get travel pay for travel to Va comp and pen exams,  so you might even make a buck if you have a fuel efficient car.  

[FormerMember]

My apologies to Waynet if I have sickened him. In fact, my apology extends to any I have offended in this thread. Nevertheless, there are lots of things many of you do not know about RAMP. Did you know it is only one small part of  Public Law 115-55? Did you know, of 553,000 legacy appeals, only 16,547 Vets have opted in? Did you know the VA has taken 10 (ten) Regional Offices "offline"  and all they do is RAMP opt-ins? That means an RO that can do 150 decisions a day has so far averaged 1,647 Vets per RO since RAMP opened up. My POC in Seattle is twiddling her thumbs. They literally have nothing to do. No DRO reviews. No DRO hearings. No claims adjudication whatsoever. https://www.federalregister.gov/documents/2018/08/10/2018-15754/va-claims-and-appeals-modernization

The BVA decided 81,500 (approx.) claims in 2018-up from 62,000-ish in 2017. Meanwhile 60,000 more claims came in-legacy appeals, folks. Why? Maybe they wanted to come into RAMP at the BVA but the system wasn't set up yet. Broncovet maintains all those legacy appeals will turn into pumpkins pulled by field mice at the stroke of midnight on February 14th, 2019. I do this for a living. I really couldn't care less if any of you opt into RAMP.  However, this uninformed chucklehead would never suggest it to his own clients unless it was a CUE. 

I will not harangue you further with RAMP information. I don't need to. It seems a few here have misconstrued the data and feel they stand a far better chance in RAMP than out. As a commentator here, it irks me to see incorrect information disseminated without so much as a fact check. The truth is out there. Why the rush to give out bogus advice? Why not simply read the regulations proposed in the Fed. Register and make up your minds rather than accept an incorrect explanation? 

The object of Hadit.com and asknod.org is to give you the information you need to succeed. Handing out "fake news" is not acceptable. I gain nothing from attacking anyone. If I keep one Vet from making a mistake and losing, I can sleep at night. I help Vets win by litigating as little and as infrequently as possible. If I chose RAMP for my clients merely to shorten their claims, it would result in far more denials and refilings to "get it right" the second or third time. What have I gained? Or, better yet, what has the Veteran lost? Time. There is no shortcut to a win at VA.  

Please also remember that RAMP is still very much in a trial period. If it works, it will become the way we do this. If it doesn't, well, it's back to the drawing board for a new idea. I refuse to allow my clients to be guinea pigs. I see a lot of emphasis is directed towards CCK's assessments of RAMP. Here's another view from (gasp) attorneys who also know nothing (like me). https://www.woodslawyers.com/join-rapid-appeals-modernization-program-ramp/

Try becoming informed on the program before opining on what it is and more importantly,  what it isn't. I have about 8 Vets in Legacy and I wait an average of 3 months for a Travel Board Hearing and another three for a decision. Granted, my clients are terminally ill and deserve to be advanced on the docket. However, if anyone thinks Legacy appeals will be subsumed by RAMP, they're smoking something stronger than tobacco. Legacy will always be available to those who desire it. In fact, if anyone here will bother to read the proposed program, they would know that. 

There are none so blind as those who wallow in ignorance.

Some of you will only "see" it when you finally believe it. 

Richard 54 has "seen" a glimpse of it.

As Yoda said in Star Wars  "Do. Or do not do. To try is to fail." 

I refuse to leave any of my Veterans behind on that paper trail. I never try to win my Vets' claims. I win them. I don't have any degrees or awards to brag about. I am not smarter than any of you. I am simply more determined than most of you. I often wonder why many of you who are very well educated don't take the Agent's test and do this. I have trained two in just two years and they passed the test on the first try. I see too many armchair quarterbacks in my work. Much like a doctor, commentators here should first concentrate on doing no harm. That requires extensive research, something that is apparently in short supply. Try this for a starter--

https://www.bva.va.gov/docs/Chairmans_Annual_Rpts/BVA2018AR.pdf

And that's all I'm going to say about that.

Edited January 14, 2019 by asknod