Why Must Vets

[AllTheWay]

Greetings my Hadit Family.

I do have a lot of why questions and some of you might have your opinions as to why.

I am pretty sure that most of us are familiar with the 38 CFR. Most of us had an injury or illness while in the military either was caused by service or aggrevated while one service.

This is it so hard to get it service connect. Do know half of the answer. Bigger bonuses for VA reps.

Why are Vet's told that Vets need an IMO, IME or some type of Nexus. (My hand is raised, Pick me, Pick Me). Because the VA knows that it is very difficult to get such Nexus. The VA knows that most doctors will not write a nexus. If they do, it takes years of test and treatments before they would consider writing but at least they are getting paid. Job security. Doctors are no dummy. Even though a private Doctor has read your SMR, and see that you did have an incident or injury while in service, the Doctor is still hesitant to write such letter because the Doctor does not know what the Vet has done post service. The Vet goes out and spend big money for an IMO, IME etc. I have seen vets still get denied after spending the money. The VA see that if the Vet has that type of money to spend, then why do they need to be service connected.

I have seen Vets spend thousand's of dollars and IMO's IME's DBQ's etc. My outside VA PCP had did 3 DBQ's at 400 a pop for me and use the magic word that VA likes and still got denied. I have seen  and personally know people spend 2000.00 at Reemedical out of San Diego and got denied. I have read post were Vets went to other places like Dr. Bash, some got denied. So what now. The Vet have to lawyer up because of the amount that they have spent just to get that denial.

Look at our WW2 Vets as well as our Nam Vets. We as vets know what our past Vets have went through and some do not have that much money to get a nexus, Imo time, and have a low disability rating, but the injury or incident happened while in service. The first thing that VA states, you need a nexus. Now our elder vets just settle  for a lower rating until death. Is this right? is this taking care of our vets that have put their lives for our country?

I would love to hear your thoughts on this.

 

[AllTheWay]

4 hours ago, Richard1954 said:

 Most of the people on this board know I have been dealing with the va for 33 years... not just on my own claims but also helping veterans.

It was not until the last 10-15 years that I started hearing about independent medical opinions... there was a time that they were never mentioned or even needed...

I don't think anyone at the VA is out to screw over veterans,  I just think they make a lot of mistakes, or the C/P examiners do not report the findings as best as the could.

I have many service connected medical issues. Fifteen to be exact.... but I have only paid for one medical opinion and in the end I did not even need it,  I was easily service connected for my sleep apnea and Left knee injury once the the medical facts were known. It was a VA c/p examiner who stated with my medical history,  ( asthma /COPD) he would be surprised if I did not have sleep apnea.  The knee injury was a little more complex but after the initial denial it was service connected.  Oh yes many years ago the VA kept denying my claim, for sinusitis..In  2005, I went on Fort Hood ( this is after I retired) and after being treated for a number of months, asked the allergist, and pulmonary doctors to review my active duty medical records and write me a statement... both were happy to write statements and I was finally awarded service connection, but this was the only time I actually felt I needed a separate opinion.

I have a bad habit of bad mouthing the VA.. but overall the people working for the va in the Medical centers are treating most veterans right. True we don't always get our claims approved when we want them approved, but I have won more appeals that I can count. Yes there are some claims that never get approved, even after going up to the veterans court, and  most of the time  those denials  are justified.

I am in agreement that many medical personal doing C/P examinations are not qualified to do many of the exams that they do.  Why in heck is a internal med doctor doing a back exam , or why does a NP do an exam for a knee... its all about money.... If the VA would hire doctors to do the exams  we would all be better off. It is because of inadequate exams and the failure to read medical records that causes such a need for Independent medical opinions. 

I am one of the elder vets you mention... I don't give up on anything when I know the facts are on my side.... (and my personal history of claims from 1986 to as recent as 2019 shows I don't give up).   And when others have told me its a lost cause,,, I just ignore and continue on.... 

I thank God, that the VA takes care of most veterans from the claims process to the Medical Treatment.... along the way they do fail and considering the amount of veterans that is to be expected...

By the way.. if you receive treatment by the VA.. they are required to write you a medical opinion if you ask them too.  You may not like what they write but that is the nature of the game....

dr statemenet oct 2008.pdf 46.57 kB · 1 download VHA directive 2000-029 VA doctor statements.pdf 34.17 kB · 1 download

This is great but looks outdated to me. I have to do some research and see if there is a new one out there.

[AllTheWay]

46 minutes ago, Hamslice said:

What I have learned from the VA regarding Veterans, can be summed up with my favorite two VA beneficiaries,

Bert, now Bert stubbed his toe in basic training, which turned into chronic turf toe and was medically discharged before he went to AIT.  He went right to the VA with his paperwork in tow, and was immediately awarded 10% for foot pain, etc.  A few years later, Bert developed a chronic limp, went to physical therapy, which determined there was no hope for Bert, who claimed an increase, and was awarded 30% more.  Every couple years, the maladies continued to worsen and contribute to other medical issues.  After 10 years from leaving service for stubbing his toe, and at age 28, he now is 100% and has insurance for his wife and eight children.  ED was not on Bert's medical condition list.

Ernie, on the other hand, was in the Army for 8 years and shipped out to Korea during the war.  Ernie stepped on a Bouncing Betty and lost his right leg below his knee.  Ernie was shipped to the states where he found the bottle upon debarking the boat.  Ernie lived on skid row for around 10 years and then headed for the mountains for another twenty plus years.  After he could not take care of himself, he came down from the mountain, and rejoined his family, who hadn't seen him since he left for Korea.  Upon seeing Ernie is such disrepair, his brother took him to the VA to get him care.  Ernie had no service medical records, or any medical records for that matter as he had not gone to any doctor since they military took his leg.  Ernie, who now was somewhat mentally impaired, was told that his medical record was either lost or burned in the famous VA records fire.  Ernie's brother is now his legal guardian, but knows nothing about the military, or the VA.  Ernie's first claim has been denied, and there is an appeal in the works somewhere.  Ernie is 81, has PTSD, chronic pain of the lower limbs, and of course, ED.

I'm somewhere in between,

Hamslice

 

Thanks Hamslice. Almost sounds like the book that I am writing. And what is the most degrading is that Bert had basically gotten a Purple Heart for a stubbed toe while in BCT while Ernie actually seen real combat and probably gotten low balled just because of lost records, no fault to him but has to provide a buddy statement which probably lost contact with. Bernies 214 should show combat time but that isn't good enough for the rating officials.

[Dustoff1970]

Having read a few comments on this thread I have this to say from 35 years of experience mostly successfully filing my own claims and appeals.

All Bva and U.S. Cavc veterans courts decisions are public record and every year the courts and bva has found thousands of errors in thousands of VARO and BVA decisions by both VA raters and BVA law judges.  Year after year these raters and judges  make the same type of common errors in their denials over and over for over 35 years.  These errors are NOT accidental errors but intended and intentional for obvious reasons.  The U.S. Government and politicians do not want to pay for the full cost of their constant and many never ending wars for decades.

All of my claims and appeals were based upon medical treatment records and both weak and strong C&P exam diagnosis from indifferent to hostile examiners both real doctors and PAs.  It was not easy.  No GD VA doctors were willing to write a formal nexus letter on my behalf and only my family doctor wrote such a letter that the GD VARO ignored.  Another private heart specialist also refused but his test were extremely helpful to my claim so I still use him. 

In spite of this lack of cooperation from lazy doctors and their staffs I still prevail in my claims and appeals and this battle with VA is still ongoing today.  I have never been a teacher's pet and never a member of a pet group.

I only read the first sentence of apologist opinions for the VA raters and C&P examiners and then move on.  In the army we had a saying for these apologist.

Edited November 18, 2019 by Dustoff 11
misspelling

[AllTheWay]

I would have to say Seaman congrats for fighting but its a shame that we have to fight for ourselves. When I first got educated on the VA process, I did not do it alone. I was told that if I joined the VFW, that they would help me so I did join and a life time member. I do not have to elaborate on how that went but again listening to the people and said that the DAV was better and that they would help me. Again joined the DAV as a life time member. I did get a little help but after that, they stopped. Went back to the VFW, filed a few claims because they told me what to file and was always getting denied. I came upon a great site called hadit and people had some great advice and I followed it which gotten me to 90% I did that on my own and with the help of hadit. On the last denial, I did file a NOD. The VFW wasn't of any help during this process so I went out and got a lawyer. Lawyers normally do not take cases unless they see dollar signs but this lawyer had taken it which is a veterans benefits law group. Since I have done this, The VFW nor the DAV will acknowledge me.  

Edited November 18, 2019 by AllTheWay

[Dustoff1970]

If a vet feels he must use a VSO then I would use only an accredited professional VSO that is located inside of VARO regional offices and do this full time for pay.   However some if not many of them are full of prejudicial opinions of other vets.  For example in 1985 on my first claim I used an older Korean War DAV rep at Waco VARO with an indifferent to hostile attitude toward me as a younger Nam vet and he did nothing for my claim.  I did receive a 50% PTSD rating because I took things into my own hands and years later filed a CUE claim in 2000 that I won as a pro se vet before the U.S. CAVC vet court thru a remand awarded me many years of 100% P&T back pay due to 1985 to 91 VARO CUE errors.

In 1973 I entered a VFW post in a large city and was told to get out by a much older drunk vet running the post who told me Nam vets were losers and dopers.  At that time I was flying as a part time civilian helicopter pilot for the Texas Governor and serving as a assist training officer and pilot in the Texas Army Guard with a letter of commendation from the CG of the Texas Guard.  Based upon my unique personal experiences I have a low opinion of most VSOs with only one exception in 1998.

Edited November 18, 2019 by Dustoff 11
correction

[paulstrgn]

There are good VSOs and not so good VSOs, I suggest you pick carefully. Some VSOs are there just to have something to do and be around other people where others are truly wanting to help. I don't necessarly blame these individuals it just that they are not realizing they may be causing harm to vets who really need help. As I have said in other posts you are your own best represenative, no one cares more than you do. Always check the advice given and if you don't agree then let them know. It is always your choice on what actions to take, no one elses. 

The nice thing with this site Hadit you are never alone, there is lots of sound advice to be given. Everyone on this site is here to help!!!