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BVA backlog?


FormerMember

Question

I just got this in the mail from one of my friends-a former Veterans Law Judge. He's worried so I guess I am, too.

https://asknod.org/2019/03/05/bva-more-decisions-and-be-quick-about-it-mind-you/

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I wonder if the fustercluck we receive called a c-file is intentional?   Why can't the VA provide us a digital copy of a VBMS e-file which is chronologically arranged and user friendly?  It would simplify the whole compensation process IMHO.

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Workload turnaround over accuracy. Haste makes waste

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I do not think haste makes waste at the RO level.  They draw claims out but then do them wrong.  If they were processing cases correctly at the RO level the BVA would be out of business.  It does not appear that will happen anytime in the near future though.  Looking at the errors made in my case I think a register worker at McDonalds could do better.  And we all know that common sense is uncommon in decisions.  As for hiring lawyers, I wish we did not have to but it seems that the VA tries to pull the wool over veterans eyes in their decisions.  I got a lawyer when it became obvious that the VA was not following title 38 in my decisions.  

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Im gonna dissent here. 

    In regard to judging Vets decisions, its my understanding that legal assistants do most of the work anyway.  The .judge, based on his experience, often "signs off" on the legal assistants decision...or not, as the circumstances warrant.  

    Since most claims are now "electronic" (on computer), this means the information could/would be "searchable".  Someone skilled with search engines could search for the classic nexus statements, "at least as likely as not" , or "better than a 50/50 chance", "is caused by service", etc etc.  and know if there was a nexus in a few seconds.  Reading 1500 pages of a claims file, taking far far longer, would not necessarily improve quality in searching for that all powerful nexus.  

     In my own claim, a simple nexus search would reveal its presence and suggest a favorable outcome...one that the human processing my claim overlooked, possibly because the nexus was "in a sea of other paperwork",  which took THIS human considerable time to find.  

    While not "every" claim could be decided on the presence/absence of a valid nexus statement, many could, assuming a current diagnosis, and in service event.  In other words, of a 1500 page cfile, it would often "boil down" to a few paragraphs nexus statment or lack therof.  

     Of course, there are always claims far too complex to boil down to a few paragraphs nexus.  Those decisions would take much more skils and time to render an accurate decision.  

     In short, its "possible", but not necessarily likely, that VA could actually improve the qualifty and the speed of the decision simultaneously, by increasing the skill levels of the decision makers, and by using technology.  

     Many times the skill set needed to process electronic claims is not necessarily the same skill set used with paper claims, and some of them processing claims may not have uprgraded their skills to reflect technology changes.  

      It reminds me of accountants of the old school, who "hand wrote" tax returns.  These were not necessarily superior to "turbo tax" returns.  Our tax code is at least as complex as VA law, probably more so.  (If that is possible).  So, if it would work for turbo tax, it could work in the VA when coupled with a ugrade of technology skills of the employee.  

Edited by broncovet (see edit history)
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Loyal, If you could see how VBMS is arranged, you would know a nexus /IMO sticks up like a red flag. It's right near the VA exam notes after a 526EZ is filed. If it's a private one rather than a VES/QTC IMO type, it is labeled "Medical Opinion-non govt. facility." It's not like you have to search for it. A c-file is a fustercluck of documents in whatever order they were inserted. A VBMS e-file is chronologically arranged very carefully.

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Just looked it up, because the initial cost is a half a billion dollars for that system, and so it belongs to the VA.

And a course the c-file is a big pot of half cooked sticky spaghetti ball with super glue as the tomato sauce. And Google Images doesn't have any jpeg images of the internal system.  

 

AFGE Rep: VA Paperless Claims System Shuts Down On A Weekly Basis

Bob Brewin | Nextgov | February 6, 2014

The Veterans Affairs Department’s $492 million paperless Veterans Benefits Management System routinely shuts down on roughly a weekly basis, according to reports from members of the American Federation of Government Employees who use the system.

AFGE members reported “during the last month that VBMS shut down on roughly a weekly basis,” Eric Jenkins, a ratings service representative at the VA’s Winston-Salem, N.C., regional office and a member of the AFGE National VA Council, told a hearing of the House VA subcommittee on Disability Assistance and Memorial Affairs. “The shut downs varied from just over an hour to spanning multiple days.”

 

 

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Obviously, "the weakest link" here is probably a tie between incompetent corrupt VA employees, and incompetent and corrupt VA employees in charge of computers.  You could flip a coin to see which is worse...the IT department or the claims department of VA.  

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Here's a shot of my VBMS e-folder. You can bring up 10, 25, 50 or 100 documents at a time but this pig only loads just so fast. 

By contrast, if you obtain your c-file from the Records Management Center, it looks like 52 card pickup. This began in about 2006. One day VA went from being nice with the file to just heaving it into the copy machine. Obviously two versions exist- the orderly VBMS scanned version and the old copied paper file now in .pdf. and with no rhyme or reason as to filing order.

 

VBMS snapshot.JPG

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I am A VA employee and I do recent that statement. Not only am I a Veteran, but I chose the VA to work to help others as they have helped me. We are not corrupt here at the lower levels, higher ups, I could possibly agree with that statement. BVA has only a small selection of judges that make the decisions, not VA employee's, we follow their rulings.

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they send you a box or two! really 2 ! and a note saying they are angry you have so many! (really, not making this up,,, search in this day and age is not by computer, it is by eyeball) it is all a fraud... Like I told the bva judge the VA does not read the records.. you have to read them and send them everything even though they are va records..... (calling 1-800--who-cares)

 

01-01-11_My_Medical_Records.jpg

Edited by retiredat44 (see edit history)
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